Posted By Guy Timberlake, The American Small Business Coalition, LLC,
Thursday, September 10, 2009
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PERMISSIBILITY OF SMALL BUSINESS ADMINISTRATION REGULATIONS
IMPLEMENTING THE HISTORICALLY UNDERUTILIZED BUSINESS ZONE,
8(A) BUSINESS DEVELOPMENT, AND SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS CONCERN PROGRAMS
August 21, 2009
The Small Business Administration's regulations governing the interplay among the Historically
Underutilized Business Zone Program, the 8(a) Business Development Program, and the Service-
Disabled Veteran-Owned Small Business Concern Program constitute a permissible construction of the
Small Business Act.
The Small Business Act does not compel the prioritization of awards under the Historically
Underutilized Business Zone Program over those under the 8(a) Business Development Program and the
Service-Disabled Veteran-Owned Small Business Concern Program. The Small Business Administration's
regulations permissibly authorize contracting officers to exercise their discretion to choose among these
three programs in setting aside contracts to be awarded to qualified small business concerns.
The Office of Legal Counsel's conclusion that the Small Business Administration's regulations are
reasonable is binding on all Executive Branch agencies
Click here to download the entire opinion.