Set-Aside Alert logo   
Federal Market Intelligence
for Small Business

Front Page Headlines | Calendar of Events | Contract Awards | Newly-Certified Firms | DoD Small Business Awards | Teaming | Procurement Watch | Past Issues |
Jul 28 2023    Next issue: Aug 11 2023

Judge hits 8(a) eligibility

      A Tennessee judge has struck down a significant Small Business Administration rule allowing members of minority groups to be presumed disadvantaged and likely eligible to participate in the SBA’s 8(a) Business Development contracting program for disadvantaged small business owners.

      The July 19th ruling by District Judge Clifton Corker indicated that the SBA’s application of a “rebuttable presumption” to establish disadvantage for members of specific racial and ethnic groups is unconstitutional and potentially violates other applicants’ rights of equal protection.

      A rebuttable presumption is a legal term referring to something that is presumed to be true in the absence of evidence to the contrary. SBA has applied the presumption to define Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, Subcontinent Asian Americans, and members of other designated groups as disadvantaged and potentially eligible for the 8(a) program.

      The court’s decision--unless it is overruled by another court--is likely to have an immediate negative impact on minority group applicants to the 8(a) program. Going forward, minority applicants to the 8(a) program likely will have to provide direct evidence to prove they are socially and economically disadvantaged, which attorneys say may be difficult to do.

      Read PilieroMazza PLLC’s analysis of the ruling in this issue's Column.

More information:
Tennessee District Court’s ruling:


Inside this edition:

Small biz federal procurement reached $162.9B in FY22: SBA

Judge hits 8(a) eligibility

4Q rush to spend $217B

SBA’s 64 new rules by Dec. 31

House NDAA cuts diversity programs

House panel OKs GOP bills

CIO-SP3 until April 29, 2024

Polaris RFP update

Column: Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program

Washington Insider:

  • GSA’s new search tool for Native small biz
  • NASA regs comments by Aug. 14
  • Inflation adjustments for sizes & thresholds

Clarification on debt default

Copyright © 2023 Business Research Services Inc. All rights reserved.

Set-Aside Alert is published by
Business Research Services, Inc.
PO Box 42674
Washington DC 20015
Fax: 877-516-0818
hits counter