New Orleans –Two small businesses moved to intervene in federal court to defend the longstanding federal 8(a) Business Development program after the Trump-Vance administration signaled it may refuse to defend the program in a legal challenge – Revier Technologies, Inc. v. SBA – that seeks to dismantle key protections and opportunities for historically disadvantaged entrepreneurs and small business owners. In addition to the motion to intervene, the small businesses filed a motion to dismiss the case.
The intervenors – Sage Services Group and Gov Contract Pros (GCP) – argue that the lawsuit threatens Small Business Administration (SBA) programs that help small businesses access federal contracting opportunities, business development resources, and technical assistance that have historically been out of reach for many entrepreneurs. The filings explain that the plaintiffs in the case, Revier Technologies Inc. and Young America’s Foundation, are seeking far-reaching relief that goes far beyond the specific programs at issue and could undermine decades of federal efforts to expand access to economic opportunities. Democracy Forward, Minority Business Enterprise Legal Defense and Education Fund, Inc. (MBELDEF), and Most & Associates represent the intervenors.
“The 8(a) Program is a Business Development Program – was and always has been. For nine years, you get the focused support that small businesses need to grow from their kitchen table, backyard, or garage to become larger companies that support the local and federal tax base, job creation engine, and the philanthropic give back our country needs. It has always been open to those who are willing to put in the work to make it work for them,” Sonya Y. Hopson, PMP CSP, Chief Executive Officer, Sage Services Group.
“Since our founding almost a decade ago, GCP has worked with dozens of small business owners to support their admission to, growth, and ongoing eligibility in the SBA’s 8(a) Program. Accordingly, we have witnessed firsthand the success, ingenuity, efficiency, and excellence the Program provides for both those small business owners and federal agencies through cost-effective solutions and can-do attitude. The industrial base of 8(a) small business participants unquestionably supports each and every federal agency, and, through this action, will continue to do so as future small business entrepreneurs enter the federal marketplace. GCP is and always will be an advocate for small businesses in the federal marketplace, and we are grateful to our counsel for their support of small businesses during this critical juncture in federal contracting,” said Trevor Skelly, CEO of Gov Contract Pros.
“The Trump-Vance administration is once again attempting to dismantle longstanding safeguards and opportunities through backroom legal maneuvering. It is shirking its responsibility to defend programs Congress created to address persistent barriers that communities in America face,” said Steven Bressler, Senior Legal Advisor at Democracy Forward. “These programs help open doors for entrepreneurs who have historically been excluded from access to capital, federal contracts, and economic opportunities. Refusing to defend those protections threatens not only small businesses but also the many workers they employ and communities they serve. Our team is honored to represent small businesses in defending the SBA program to level the field on opportunities and progress.”
“At a moment when too many powerful interests are folding instead of fighting, these small businesses are doing the opposite. They have stepped forward to defend a program with a proven track record that gives socially and economically disadvantaged businesses a fair chance to compete. The country owes them a debt, and MBELDEF is honored to stand with them,” said Sarah von der Lippe, Pro Bono Chief Counsel, the Minority Business Enterprise Legal Defense and Education Fund (MBELDEF).
Congress created the 8(a) Business Development program to support small businesses owned by socially and economically disadvantaged individuals and to help ensure fair access to federal contracting opportunities. The intervenors’ filing explains that the challenged regulations support a wide range of business development tools, including mentorship opportunities, technical assistance, and federal contracting support that many small businesses rely on to grow and compete.
The legal team at Democracy Forward includes Cortney Robinson Henderson, Emily Newton, Steven Bressler, and Robin Thurston.
Read the motion to intervene here, and the motion to dismiss here.
