NEW ORLEANS — Two small businesses moved to intervene in federal court to defend the Small Business Administration’s (SBA) 8(a) Business Development program after the Trump administration signaled it may decline to defend it in a legal challenge, Revier Technologies, Inc. v. SBA. The intervenors argue the lawsuit could undermine key protections and opportunities for historically disadvantaged entrepreneurs and small business owners that have been in place for more than four decades.
The case being challenged, filed by Revier Technologies Inc. and Young America’s Foundation, is part of a broader wave of recent legal challenges targeting the use of race in federal contracting and business assistance programs. Revier Technologies Inc. is a Thibodaux-based artificial intelligence startup focused on construction industry software and owned by Matthew Schultheis. Young America's Foundation is a conservative advocacy organization.
Legal Challenge and Intervention
The intervenors — Sage Services Group and Gov Contract Pros (GCP) — also filed a motion to dismiss the case in addition to their motion to intervene, arguing 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 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 the New Orleans-based law firm Most & Associates represent the intervenors.
Businesses Defend Program’s Impact
“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,” said Sonya Y. Hopson, PMP CSP, Chief Executive Officer, Sage Services Group.
That perspective was reinforced by other businesses involved in the case.
“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.
Legal and Policy Stakes
Attorneys representing the intervenors framed the case as part of a broader legal and policy fight.
“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.”
The legal team at Democracy Forward includes Cortney Robinson Henderson, Emily Newton, Steven Bressler, and Robin Thurston. Additional counsel representing the intervenors highlighted the significance of the businesses’ decision to step in.
“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 contends 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.
