USWCC Lawsuit Against the SBA

On November 30th, the USWCC won the first round in its lawsuit against the SBA for its failure to implement the federal set aside program for women owned businesses. In a carefully reasoned 38 page decision, federal district court judge Reggie B. Walton refused to dismiss the Women's Chamber case and ordered the SBA to present a schedule for implementing the law within 45 days of the date of the court order. The court declined to enter an injunction setting specific deadlines for the SBA to meet in large part because the SBA represented that it has "re-drafted" proposed regulations and is "actively searching for proposals to conduct the required [disparity] study." The judge called the SBA's delay in implementing the program first authorized by Congress in 2000, "unreasonable" and found that the USWCC had standing to represent its members in seeking relief.

One can only hope that the SBA will approach implementation of the women owned business restricted competition program with renewed enthusiasm and that it will act to implement the program without further delay.

Claire Guthrie Gastanaga