The public sector isn’t necessarily known for being an easy market to access or navigate, especially if you’re a small business or lack experience in federal procurement. What many businesses miss, however, are the programs that can help them get their foot in the door and start selling to the government. They aren’t always well advertised, and may be buried among the acronyms and legal jargon companies sift through when they start their googling journey into government acquisition. One of these programs run by the Small Business Administration (SBA), called the 8(a) Business Development Program, exists specifically for economically disadvantaged small businesses.
Since the 8(a) Business Development Program has gone through a magnifying glass recently and is changing under the current administration, let’s review what the program is, its requirements, recent updates, and how your company may be able to take advantage of it.
The SBA’s 8(a) Business Development Program is a 9-year mentorship program run by the SBA to help socially and economically disadvantaged small businesses compete in federal contracting. Companies within this program receive training and technical assistance in the world of government procurement, and they are given access to specific contracting opportunities set aside just for 8(a) or small businesses.
Federal agencies are currently required to set aside 5% of their contracts to 8(a) businesses, although the percentage does vary by agency. This is a great place for small businesses to compete instead of trying to out price a large business with infinite resources.
If this program sounds like something your business can benefit from, let’s review the requirements to be a part of the 8(a) Program. Companies must:
It’s important to note that participation in the 8(a) program is a one-time-only program for firms and individuals, however there is an exception for entity-owned firms. Alaska Native corporations, Tribal-owned Native Hawaiian organizations, and Community Development Corporations may have multiple 8(a) firms.
The full requirements and the definition of what counts as being socially and economically disadvantaged can be found in Title 13 Part 124 of the Code of Federal Regulations. There has been a lot of discussion on the certification of 8(a) businesses and how some language is interpreted, which we’ll go into more detail on below.
If you think you qualify for this program, the next step is certification. Let’s review the steps:
Once you have passed certification and become part of the program, you will be an 8(a) business for the 9-year term, assuming you continue to meet the requirements. SBA requires you to certify annually to ensure you meet statutory and regulatory requirements for this program. Each annual review will include a specific set of documents that will be sent to your servicing SBA District Office.
The program is sectioned into two parts: Developmental and Transitional. The idea is the first four years, you will be in the Developmental stage where you receive a lot more guidance and support. The last 5 years will be the Transitional stage, which is built to help you gain gradual independence from the program.
The 8(a) Business Development Program is built to help small businesses who wouldn’t have otherwise had much of a chance in federal procurement succeed. Companies in this program can reap many benefits, including:
The 8(a) Program has faced quite a bit of scrutiny lately with the Trump Administration taking a closer look at companies who are currently enrolled in the program. Officials have found that many businesses still in the 8(a) program were not eligible, whether it was business size or economic status. Many companies have since been terminated from the program, and the administration is taking a magnifying glass to the language that determines what exactly a socially and economically disadvantaged business means to the government.
In Section 8(a) of the Small Business Act (hence the name of the program), it authorizes a business development program for small businesses “owned and controlled by one or more socially and economically disadvantaged individuals”.
In 2023, a federal court ruled that the presumption of social disadvantage based on race was unconstitutional. Therefore, in January 2026, the SBA sent out a mandate telling contractors that they are working on finalizing the regulations to eliminate the unconstitutional presumption and related program guides. The idea behind this is the administration doesn’t want 8(a) Program candidates to be denied or given preferences based solely on their race.
This guidance also states that the SBA should consider whether an individual is socially disadvantaged based on factors such as whether the individual has been a victim of:
Additionally, the White House released an Executive Order on March 26, 2026, that ensures contractors are not engaging in DEI activities, and must provide information that confirms they are complying with these directives. We will keep an eye on this EO and how it could affect 8(a) and other SBA programs as more information is released.
One great aspect of the 8(a) Program is the visibility it provides companies. Agencies and companies interested in their competition can use the SBA’s Small Business Search (SBS, formerly the Dynamic Small Business Search) to find eligible businesses. Agencies can also use the GSA Multiple Award Schedule (MAS) Program to find certified disadvantaged 8(a) small businesses, as GSA eLibrary outlines all the enrolled companies.
Additionally, companies enrolled in the 8(a) Program can use procurement sites like SAM.gov to find 8(a) set-aside opportunities.
If your company is looking to start selling in the public sector and take advantage of programs such as 8(a) and GSA Schedules, you may be wondering where to start. If you have questions about these programs, or need help managing your current contracts, our consultants are here to help!