In a sharply worded order issued May 18, 2026, the Office of Hearings and Appeals (OHA) of the U.S. Small Business Administration (SBA) remanded the agency’s suspension of ATI Government Solutions, LLC, from the 8(a) Business Development (BD) Program, finding the administrative record so deficient that it could not meaningfully review whether the suspension rested on adequate evidence. The case is Matter of ATI Government Solutions, LLC, SBA No. BDPT-728 (2026), and the decision is a forceful reaffirmation of two bedrock principles of administrative law in the 8(a) suspension context: An agency must articulate its reasoning at the time it acts, and the record it submits on appeal must actually contain the materials the decision-maker relied on. It also arrives at a uniquely fraught moment for 8(a) firms—and ATI, a tribally owned participant suspended on the strength of a hidden-camera video, illustrates exactly the kind of fast, thinly supported enforcement action that seems to have become business as usual for the SBA in recent months.
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