Not every participant in the 8(a) Business Development Program is owned by socially and economically disadvantaged individuals. There are also a sizable number of entities that are owned by Native American tribes, Native Alaskan entities, Native Hawaiian organizations, either directly or through other entities (collectively, we’ll call them Tribally-Owned Entities). While the presumption of social disadvantage for 8(a) eligibility for members of certain ethnic and racial minorities was found unconstitutional (and is formally being removed), Tribally-Owned Entities go by a different set of rules that makes admission into the 8(a) Program easier. That does not, however, mean that these rules apply to any and all entities owned by a Native American or even where actions are supposedly taken on behalf of a Native American tribe. A company learned this the hard way in a recent SBA Office of Hearings and Appeals (OHA) decision that we’ll explore today.
Continue reading…Breaking: SBA Finalizes Rule to Remove Social Disadvantage Presumption for 8(a) Program
SBA has issued a final rule to revamp the social disadvantage rule for the 8(a) Program. We wrote about SBA’s proposed rule from June 11, 2026 that would “remove the rebuttable presumption that individuals belonging to certain designated groups are socially disadvantaged and set forth revised standards for individuals establishing social disadvantage.” The SBA has now issued a final rule that would do just that. The rule continues the trend of the Ultima decision in 2023, which ruled that the rebuttable presumption of social disadvantage under the 8(a) is unconstitutional as it violates the right to equal protection. Based on that decision, SBA stopped relying on the presumption of social disadvantage. Now, SBA has formally issued a rule to eliminate any mention of the presumption from the regulations. SBA’s rule replaces the individual social disadvantage narrative with a test that looks to whether a person experienced discrimination on the basis of race through programs like affirmative action. Here are some details.
Continue reading…Event Announcement: GovCon Roundup Live, August 12, 1:00pm EDT, Expanding VOSB and SDVOSB Opportunities & Navigating the SBA Certification Minefield
On this episode of GovCon Roundup Live, hosts Carroll Bernard and Steven Koprince welcome special guest Nicole Pottroff, federal contracting attorney and equity partner at Koprince McCall Pottroff LLC, to break down some recent developments that could reshape both programs:
- The SBA’s June 2026 proposed rule, which would eliminate the rebuttable presumption of social disadvantage for individually owned 8(a) firms and replace it with a demanding, evidence-based standard.
- The Ending Discrimination in Government Contracting Act (H.R. 8511 / S. 4390), which could dismantle the statutory foundations of both the 8(a) and WOSB programs.
- The latest on the 8(a) application backlog and the 8(a) & WOSB program audits—and what this could mean for your business.
You’ll come away with a clear view of the legal and regulatory risks, the compliance challenges ahead, and practical steps you can take now to prepare for whatever comes next.
Free to attend—register at this link to reserve your seat and bring your questions for the live Q&A.
SmallGovCon Week in Review: August 3-7, 2026
Happy Friday to our SmallGovCon readers. We hope you are having a great summer and finding some time to get away with family and friends and enjoy some relaxation. I recently spent a week in Colorado with my family and enjoyed some wonderful views and fresh air courtesy of Rocky Mountain National Park. This is the beginnings of the Colorado River, which runs to Mexico. It’s inspiring to know that such a great river starts from such a small stream.
We hope you have time for some rest and relaxation this weekend. Here’s what’s happening in federal government contracting news, including a new SBA website and how the government can procure faster and with more contractors.
Continue reading…Counting the Hours: SBA Adding More MPA Requirements
The SBA’s Mentor-Protege Program (MPP) continues to be one of the most popular programs at the SBA. The MPP is a great way for federal contractors to grow and learn from more experienced contractors, in a way that is shielded from size affiliation risks. Historically, the Mentor-Protege Agreement (MPA) between a mentor and protege was a flexible document that allowed the parties to make sure their participation in the program truly fit their processes and aims in their own words. However, in recent years the SBA’s MPA reviews have seemingly taken stricter stances on the format and content of the MPA, leading to confusion among contractors on what they are supposed to draft in their MPA. Recently, we have become aware of the SBA implementing more requirements on MPAs that contractors are not warned about prior to applying to the MPP.
Continue reading…SmallGovCon Week in Review: July 27-31, 2026
Happy Friday! It’s been another busy week in the federal government contracting arena. I’m filling in for Shane McCall for the Week in Review, while Shane and his family enjoy a well-deserved vacation away from the humidity and heat we have been experiencing here in the midwest. July feels like it has come and gone quite fast. All of us here at SmallGovCon hope our readers have enjoyed this past month celebrating the 250th anniversary of our country with family and friends, and that you all have a relaxing weekend.
For small businesses in the GovCon space, this week was a reminder that staying informed is just as important as staying compliant. Lawmakers continue to debate procurement reforms, while agencies are emphasizing stronger supply chain security and reviewing cybersecurity requirements that directly affect small contractors. With changes to acquisition policies and ongoing discussions around small business programs, now is a great time to review your certifications, strengthen your compliance posture, and keep an eye on upcoming opportunities.
Below are a few articles from this week’s news in federal government contracting. Enjoy the weekend!
Continue reading…Cracking The NAICS Code: Ambulatory Health Care Services or Office Administrative Services?
You know what they say: if the shoe fits, wear it. When it comes to North American Industry Classification System (NAICS) codes, finding the right fit can be just as important. Have you ever thought to yourself that a designated NAICS code didn’t really match up with the solicitation, or that something just seemed off? The NAICS Code appeal is the means of getting that addressed. A recent OHA decision is a good reminder of this, involving a debate of the NAICS code and requiring OHA to evaluate whether the primary purpose of the work was to perform ambulatory health care services or office administrative services. We explore that decision here.
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