ARTICLE · 29 SEPTEMBER 2023

SBA Issues More Guidance On Use Of 8(a) Program During Ultima Injunction

Holland & Knight

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On Sept. 19, 2023, SBA issued new guidance about how federal agencies may continue using the 8(a) program while the injunction remains in effect.

United StatesGovernment, Public Sector

Robert Tompkins

Leila George-Wheeler

Hillary J. Freund

Kelsey M. Hayes

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The U.S. Small Business Administration (SBA) continues to navigate the impact of the injunction entered in Ultima Servs. Corp. v. U.S. Dep't of Agric., No. 2:20-CV-00041-DCLC-CRW, 2023 WL 463348 (E.D. Tenn. July 19, 2023) enjoining the use of SBA's "rebuttable presumption" of social disadvantage for certain enumerated groups in the administration of the SBA's 8(a) Business Development Program.

On Sept. 19, 2023, SBA issued new guidance about how federal agencies may continue using the 8(a) program while the injunction remains in effect. SBA has also provided guidance and FAQs for current 8(a) participants, current 8(a) applicants with applications in process and potential 8(a) applicants interested in applying to the 8(a) program. Among other things, this guidance is intended to help 8(a) contractors (or potential future 8(a) contractors) working with federal customers to determine eligibility for 8(a) awards. This blog highlights key aspects of the new guidance.

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