On Friday, October 6, 2023, Ultima Services Corporation filed a reply brief in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, which continued to argue for an injunction against the award of 8(a) contracts in the administrative and technical support industry.

In its latest brief, Ultima argued in favor of a complete ban on the award of 8(a) contracts in the administrative and technical support industry (including a ban on awards to 8(a) entities owned by Alaska Native Corporations and Tribes). Ultima also suggested, in a footnote, that contracting advantages provided to Alaska Native Corporations within the 8(a) program are based on a racial, and not political, classification because “[t]he specific blood requirement for Alaskan Natives distinguishes ANCs from Indian Tribes…”

“With regard to the actual merits of Ultima’s request for an injunction to bar the award of 8(a) contracts in the administrative and technical support industry, Ultima asserts that the adverse impact such an injunction would have on 8(a) participants that did not benefit from the presumption of social disadvantage is necessary to remedy the discrimination Ultima claims it suffered…”

See the report here.

Source: Ultima Services Corporation Files Reply Brief for Injunction against 8(a) Contracts‎. By Christopher Slottee, October 9, 2023. Schwabe.

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