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SBA HUBZone Opinion by U.S. Department of Justice

Posted By Guy Timberlake, The American Small Business Coalition, LLC, Thursday, September 10, 2009
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

(Summary)

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.

Tags:  GAO  hubzone  OMB  parity  sba 

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