SBA's 8(a) eligibility changes, the DoW Small Business Bill of Rights, SBA's Reorg, and more

In this live stream, I analyzed the newly pre-published SBA’s proposed rule that changes the social-disadvantage eligibility criteria for the 8(a) program. Viewers had questions on the proposed rule. We also covered the little-discussed DoW Small Business Bill of Rights, a recent reorganization of staff at SBA, and a few cases involving the mentor-protégé program.

Links follow. A transcript is available at http://www.govconintelligence.com.

Links

* SBA pre-publication proposed rule on “Reforms to Remove SBA’s 8(a) Program’s Rebuttable Presumption of Social Disadvantage for Individually Owned Firms Only; Reforms Do Not Impact Entity-Owned Firms” https://public-inspection.federalregister.gov/2026-11765.pdf

* NDAA FY24 (see section 876 for Small Business Bill of Rights) https://www.congress.gov/118/plaws/publ159/PLAW-118publ159.pdf

* DoW Small Business Bill of Rights https://business.defense.gov/Small-Business-Bill-of-Rights/

* PDF of Small Business Bill of Rights https://business.defense.gov/Portals/57/Small%20Business%20Bill%20of%20Rights/DoW%20Small%20Business%20Bill%20of%20Rights.pdf?ver=TGSweXAuiLJkOqERHfZKkw%3d%3d

* DoW Small Business Bill of Rights one-pager https://business.defense.gov/Portals/57/Small%20Business%20Bill%20of%20Rights/Small%20Business%20Bill%20of%20Rights%201-Pager%2003.11.26%20-%20fillable.pdf?ver=WOh6YHb4fg84cZg0o1OXYA%3D%3D

* SBA policies under review at the Office of Information and Regulatory Affairs https://www.reginfo.gov/public/do/eoReviewSearch

* SBA news release: “SBA Announces Agency-Wide Reorganization to Modernize, Drive Operational Efficiency, and Enhance Accountability to Taxpayers” https://www.sba.gov/article/2026/06/05/sba-announces-agency-wide-reorganization-modernize-drive-operational-efficiency-enhance

* SBA OIG news release: “Government Contractor and Executives to Pay $21.3M to Resolve Fraud Scheme Involving Service-Disabled Veteran-Owned Small Business Contracts” https://www.sba.gov/article/2026/06/09/government-contractor-executives-pay-213m-resolve-fraud-scheme-involving-service-disabled-veteran

* COFC decision on timing mentor-protégé joint ventures: Primary Healthcare LLC d/b/a Anglin Distinctive Health Care JV LLC v. United States, Case No. 25-1795C (2026). https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2025cv1795-40-0

* COFC decision on mentor standing: Int’l Bus. Sales & Servs. Corp. v. United States, Nos. 26-401 & 26-425 (Fed. Cl. May 29, 2026). https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2026cv0401-48-0

* GAO decision on subcontractor joint-venture past performance: ID8Spark, LLC, B-424253.2, .3, .5, May 18, 2026. https://www.gao.gov/assets/890/886345.pdf

* FAR Overhaul proposed rule status: https://www.acq.osd.mil/dpap/dars/opencases/farcasenum/far.pdf

* Number of 8(a) participants below 3,000: https://www.datawrapper.de/_/Tvaur/?v=5

Chapters

00:00 - Introduction to GovCon Intelligence

00:52 - SBA Proposed Rule on 8(a) Social Disadvantage

08:00 - Impact of the Proposed Rule on Current 8(a) Firms

11:13 - Group Classification and Historical Context under the New 8(a) Rule

18:12 - Delays in Processing New 8(a) Applications

19:54 - New vs. Old Application Evidence

20:40 - Department of War Small Business Bill of Rights

26:21 - Upcoming SBA Policy Changes and OIRA Reviews

30:16 - SBA Agency-Wide Reorganization and Workforce Reductions

33:20 - SDVOSB Fraud Case: Broadway Electric and Cornerstone Contracting Settlement

37:13 - Court of Federal Claims Case: Primary Healthcare (Mentor-Protégé Joint Venture Timing)

43:13 - Court of Federal Claims Case: International Business Sales and Services Corporation (Mentor standing)

45:08 - GAO Case: ID8 Spark (Subcontractor and Joint Venture Past Performance)

47:19 - FAR Overhaul and Notice and Comment Phase Updates

49:45 - Tracking the Latest 8(a) Active Firm Data

52:03 - Business Activity Targets (BAT) and Closing Remarks

With 20 years of Federal legal experience, Sam Le counsels small businesses through government contracting matters, including bid protests, contract compliance, small business certifications, and procurement disputes. Sam obtained his law degree from the University of Virginia and formerly served as SBA’s director of procurement policy. His website is www.samlelaw.com.

This video is for informational purposes only and does not constitute legal advice.