SBA proposes removing the 8(a) program's social-disadvantage presumption — comments due July 13
What. On June 11, 2026, SBA published a proposed rule that would remove the rebuttable presumption of social disadvantage for individually owned 8(a) firms. Instead of being presumed socially disadvantaged by group membership, applicants would establish social disadvantage through individualized, fact-based evidence of bias or discrimination they personally experienced. SBA states it does not currently intend to apply the new test to existing 8(a) participants at their next annual review and is taking comment on those reliance interests.
Who's affected. NYC firms that are individually owned and are in the 8(a) Business Development program, or planning to apply. Entity-owned firms — those owned by Tribes, Alaska Native Corporations, Native Hawaiian Organizations, or Community Development Corporations — are not affected by this proposal.
What to do. Read the proposed rule and, if it affects your firm, submit a comment by July 13, 2026. Comments go through the federal eRulemaking portal under Docket SBA-2026-0133 (RIN 3245-AI75). If you currently rely on the presumption, the rule's request for comment on reliance interests is the place to describe your situation on the record.
Why it matters. This is a structural change to how individually owned firms establish 8(a) eligibility, and the comment window is the only formal opportunity to weigh in before SBA issues a final rule.
Primary source: Federal Register proposed rule (June 11, 2026) →