The Next Big Post-affirmative Action Legal Ruling to Drop Targets Billions in Small Business Contracts
The Small Business Administration’s federal contracting program for socially and economically disadvantaged small businesses wasn’t a direct target of the U.S. Supreme Court decision earlier this year to effectively end race-conscious admission programs at colleges and universities. But it helped buoy the legal attacks against the SBA program, and more changes could be on the way due to ongoing litigation.
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Generally, the process to be approved to the 8(a) program can take 60 to 90 days. The process may take slightly longer than usual with the new application requirements, the SBA spokesperson said.
For applicants who are in the program but need to submit new evidence of social disadvantage, the process can be quicker. Dominique Casimir, a partner with Blank Rome, who focuses on government contracts litigation and counseling, had a client approved after three weeks, for instance.
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Despite uncertainty, Casimir encourages small businesses to apply, or update their application, if required, to comply with the new procedures. “If they don’t pursue the certification...they may be shut out of opportunities.”
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"The Next Big Post-affirmative Action Legal Ruling to Drop Targets Billions in Small Business Contracts," by Cheryl Winokur Munk was published in CNBC on October 25, 2023.