New guidance has been released by SBA for businesses currently certified or seeking certification in the SBA 8(a) Business Development Program️. To comply with the July 19, 2023, U.S. District Court for the Eastern District of Tennessee recent order, SBA is requiring all 8(a) participants whose program eligibility is based upon one or more individuals who relied upon the presumption of social disadvantage to establish their individual social disadvantage by completing a social disadvantage narrative. The notice found at the SBA's 8(a) webpage is shown below. Guidance was sent to each 8(a) contractor via email on Monday, August 21st, 2023.
In the meantime, SBA has posted a guide for writing a social disadvantage narrative at https://sbaone.atlassian.net/wiki/spaces/CKB/pages/2768076819
Those businesses who are required to complete a social disadvantage narrative must upload it at Certify.SBA.gov. 8(a) applicants and 8(a) participants will only need to establish social disadvantage once for their program term, unless they have an ownership/control or other change which affects eligibility.
Entity-owned firms, such as firms owned by Indian tribes, Alaska Native Corporations, or Native Hawaiian Organizations, are not impacted by the Court’s decision. 8(a) businesses originally admitted to the program because the qualifying owner established social disadvantage by a preponderance of the evidence at time of the application are also not impacted. Firms will also receive an email confirming this status.
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