Small Businesses in U.S. Territories Eligible for Preferential Treatment Under New SBA Rule

While it is understandable why people focus on the 50 states and the federal district (D.C.), the United States is not just those areas. In addition to the states, the United States has 14 territories. Five of these have a permanent population: Puerto Rico, the Northern Marianas Islands, Guam, American Samoa, and the U.S. Virgin Islands. Up until recently, Puerto Rico received preferential treatment for the surplus property program and under the mentor-protégé program, but the other four territories did not. However, a new final rule by the SBA is finally extending these privileges to all the permanently populated U.S. territories. In this post, we will explore just what that entails.

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Back to Basics: SBA’s Mentor-Protégé Program

One of the biggest gamechangers among Federal Contracting programs is the SBA’s Mentor Protégé Program. It provides an avenue for small businesses and large businesses to work together where they otherwise may not have been able to previously, helps federal contractors develop their companies, and can provide protection from affiliation. However, in order for businesses to take advantage of this program, the relationship between the mentor and protégé businesses must meet certain requirements. This entry in SmallGovCon’s Back to Basics series will provide a quick overview of some of the requirements and important areas for contractors to remember if they are considering participating in the SBA’s Mentor-Protégé Program.

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CIO-SP4: Large Mentors Now Get More Credit

I wrote earlier about the restriction on the number of experience examples a large business mentor can provide. Well, NITAAC has listened! OK, they probably weren’t listening directly to me, but let me have this one, alright. CIO-SP4 has been amended to allow large business mentors to contribute two examples of corporate experience per task area.

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CIO-SP4: Is it Limiting Mentor Experience Too Much?

The CIO-SP4 is a big deal for many small and large federal contractors. And lately it’s been a bit of a moving target as to how NITAAC will evaluate the experience of companies working together in prime-sub, mentor-protégé, and joint-venture relationships. We wrote about some of the issues with past performance and other recent changes. One change that caught my eye puts a restriction on the number of experience examples a large business mentor can provide. But should it?

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5 Things You Should Know: SBA’s Recent 8(a) Program Updates

SBA has been hard at work this past year updating its 8(a) Business Development Program rules and policies. And we have been doing our best here at SmallGovCon to keep you posted. Many of our blog posts focused on SBA’s monumental November 2020 “rule overhaul,” which implemented several 8(a) rule changes. But given the sheer magnitude of information in that final rule, it is pretty easy to lose track of which updates might affect you, as a potential 8(a) applicant or current 8(a) participant. There were also some pretty important changes to the 8(a) Program just prior to and subsequent to SBA’s November 2020 final rule.

Suffice it to say, there is a lot to process! So, we thought a quick summary blog on some of the most significant changes to the 8(a) Program of late might help you in that endeavor. Without further ado, here are five things you should know about SBA’s recent 8(a) Program updates.

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GAO: Solicitation Cannot Require a Protégé Have the Same Experience as its Mentor

SBA regulations prohibit agencies from requiring the same past performance record from both mentor and protégé entities.  The regulations explicitly prohibit this type of requirement.

In a recent GAO decision, it sustained the protest where an agency required all members in a joint venture to submit the same past experience examples in their proposal.

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Koprince Law Discusses Teaming for Federal Contractors on Contracting Officer Podcast

I’m excited to announce that I am featured on the Contracting Officer Podcast, hosted by Kevin Jans and Paul Schauer! The episode is available here (Apple podcast here) and, in it, I discuss three common forms of contractor relationships: Teaming Agreements, Joint Venture Agreements, and the federal Mentor-Protégé Program. Be sure to check out this episode and the plethora of other podcast topics, helpful to both beginning and experienced federal contractors.