As I recently wrote in a prior post, the M/W/DBE programs as we know them are now extremely vulnerable following the recent U.S. Supreme Court decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U. S. ____ (2023). A recent legal challenge in Tennessee forced the SBA to suspend all pending 8a applications while it reforms program characteristics under a race/gender neutral “small business” approach. See Ultima Servs. Corp. v. U.S. Dept. of Agric., 2:20-CV-00041-DCLC-CRW (E.D. Tenn. Jul. 19, 2023). As I previously wrote, any M/W/DBE program immediately needs to have a side by side “small business program” in existence. This permits any legally challenged M/W/DBE awards to immediately roll over into the small business program while avoiding contract termination by law (i.e. injunctive orders). Rapid, unexpected terminations not only impact work in progress, but make it extremely difficult for owners and general contractors to find replacement subs willing to warrant someone else’s work. Readers are urged to immediately check local government certification status in light of these recent legal decisions. If your local or state government does not currently have a small business award program, it needs to be immediately drafted, approved, and implemented. See Greenberg Traurig article on Ultima Servs. Corp.