SBA Update on 8(a) Program in Light of Ultima Decision

Holland & Knight – A federal district court recently found the SBA's use of a "rebuttable presumption" of social disadvantage for inclusion in the SBA's 8(a) Business Development Program violates the Fifth Amendment's Due Process Clause. SBA believes the ruling only applies to individually owned firms that relied on membership in a presumptively socially disadvantaged group to establish their 8(a) eligibility.