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Expert Analysis

Inside OIG Report On SBA's 'Economic Disadvantage' Criteria

Law360, New York ( November 2, 2015, 12:36 PM EST) -- To paraphrase U.S. Supreme Court Justice Potter Stewart's famous remark about obscenity, terms like "economic disadvantage" probably belong in the category of things that "you know when you see them" but that you shouldn't try to define any more rigidly than that. To its credit, the Small Business Administration has tried to tackle that thorny definition head-on in its 8(a) program regulations providing preferences for "economically disadvantaged" small businesses. As might be expected, the SBA's current, compromise definition — largely formalized in the March 2011 revisions to the SBA regulations — has left no one completely happy....

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