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DENIED IN PART. I. Background A. Statutory Framework 1. The Section 8(a) Program The SBA’s Section 8(a) program is a business development program for small businesses owned by individuals who are socially and economically disadvantaged. See 15 U.S.C. § 637(a); 13 C.F.R. § 124.1. Qualifying small businesses that are 1 Because a number of the arguments made in both motions to dismiss overlap, the Court will address the motions together. Further, because only the LB&B Defendants have responded to the complaint, this opinion refers to them throughout as “Defendants.” 2 owned or controlled by socially or economically disadvantaged individuals may apply to the SBA, and if accepted into the program, they are eligible to receive preferential treatment in the form of “set aside” contracts. They are also eligible to receive technological, financial, and practical assistance. Relators’ Compl. ¶ 15; Gov’t Compl. ¶¶ 19-21. In order for a small business to participate in the program, it must apply to and be certified by the SBA.

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