SBA Decision Not to Impose a Community Benefit Plan Requirement

Schwabe Williamson & Wyatt – On October 5, 2022, the Small Business Administration stated that it will not pursue its attempt to impose a Community Benefit Plan requirement on Alaska Native Corporations and their 8(a) companies as originally contemplated in the Notice, “Tribal Consultation for Ownership and Control and Contractual Assistance; Requirements for the 8(a) Business Development (BD) Program and other Planned 8(a) BD Program Regulatory Proposals,” published in the Federal Register on August 6, 2022. Although the Small Business Administration was clearly overstepping its authority and attempting to do so with no reasonable explanation, their decision to move away from this requirement is excellent news as its implementation would have unnecessarily burdened Alaska Native Corporations.