UPDATE: Next Step in SBA’s Implementation of Ultima Ruling to 8(a) Program
GovCon & Trade
SEPTEMBER 18, 2023
The July 19 Ultima ruling threw the 8(a) program into tumult after the U.S. District Court for the Eastern District of Tennessee found the program’s rebuttable presumption mechanism, used to find social disadvantage, in violation of the Fourteenth Amendment’s Equal Protection Clause. Following the ruling, in an attempt to resolve confusion, the Small Business Administration (SBA) issued interim guidance providing that those participants “whose program eligibility is based upon one or more indivi
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