On August 11, 2026 the SBA published a final rule ending the 8(a) program's rebuttable presumption of social disadvantage for enumerated groups, effective September 10, 2026. Any U.S. citizen can now qualify by self-certifying membership in a group that faced discrimination (including sex or disability) and that they suffered material harm; existing participants are grandfathered and entity-owned firms are unaffected.
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SBA drops race-based presumption in 8(a); new self-certified disadvantage test
Why this matters for founders
Founders of individually owned firms pursuing federal set-aside contracts should re-draft their 8(a) social-disadvantage narrative around documented group discrimination and personal material harm before the Sept 10 effective date.
Source: Holland & Knight
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