8(a) Joint Venture Fraud Allegations Lead to False Claims Act Settlement

The SBA’s joint venture rules can be strict. Mistakes like failing to update a joint venture agreement, inserting ambiguous provisions in a joint venture agreement, or relying on an expired mentor-protege agreement can be costly.

Good faith mistakes are one thing–the joint venture may lose out on a contract, but probably won’t face other penalties. But when the government believes that a contractor knowingly violated the joint venture rules, the repercussions can be much more serious–as seen in a recent False Claims Act settlement involving allegations of fraud under the 8(a) joint venture regulations.

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Koprince Law LLC’s New 8(a) Program GovCon Handbook is Live!

Well folks, the wait is finally over! The Second Edition of our popular GovCon Handbook on the SBA’s 8(a) Program is live, and it’s available here. In this revised, updated, and expanded Handbook, Steven Koprince and I give you the run-down on all things 8(a) (and as always, we do so in plain English).

Whether you are considering applying to the 8(a) Program, in the midst of the application process, already years into your 8(a) Program term, or a recent graduate/non-8(a) entity hoping to team with an 8(a) company one of these days–this book is for you. It covers everything under the 8(a) sun, including:

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Coming Next Week: Koprince Law LLC’s New 8(a) Program GovCon Handbook!

The 8(a) Program is tremendously powerful and can be a springboard to massive success in the government contracts marketplace. But the many (many!) rules surrounding the 8(a) Program are complex, and even savvy 8(a) contractors–not to mention first-time applicants–easily can become confused.

I am pleased to announce that next week, Koprince Law LLC will publish a Second Edition of our popular GovCon Handbook on the 8(a) Program. In this revised, updated and expanded Handbook, my colleague Nicole Pottroff and I will cover the 8(a) Program’s rules in detail, including:

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Event: SBA Training Webinar on 8(a) Joint Ventures

8(a) joint ventures are a powerful tool–both for non-8(a)s to participate in 8(a) contract opportunities and for 8(a) companies to gain valuable experience in their industries. But it is crucial that 8(a) joint ventures follow all of SBA’s requirements if they want to get (and keep) 8(a) awards.

Some of those requirements underwent significant revisions this past year. Join Shane McCall and me on February 9 for the SBA Training Webinar: 8(a) Joint Ventures, where we will discuss the ins and outs of 8(a) joint ventures and keep you up-to-date on all of SBA’s requirements.

Please register here. Hope to see you there!

Check Your Joint Venture Agreements: Under-the-Radar SBA Change Could Cause Problems

Joint ventures operating under the SBA’s All Small Mentor-Protege Program may need to adjust their joint venture agreements because of a little-noticed change to SBA’s joint venture rules.

In its recent final rule, effective November 16, SBA amended two of the mandatory requirements for mentor-protege joint ventures pursuing small business set-aside contracts. SBA did not make corresponding changes to the joint venture rules for SBA’s four major socioeconomic programs–meaning that a joint venture agreement that complies with the small business set-aside rules may not be valid if the joint venture pursues 8(a), SDVOSB/VOSB, HUBZone or WOSB/EDWOSB contracts (and vice versa).

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SBA Proposes to Eliminate Some 8(a) Joint Venture Agreement Approval Requirements

Recently, the SBA proposed big changes for its small business regulations, including some aspects of the 8(a) Program.

This post is Part 4 in our coverage of these proposed SBA changes and will cover the SBA’s potential changes to the joint venture agreement approval process for 8(a) contracts (here are part 1, part 2, and part 3 of our coverage).

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Populated or Unpopulated? Ambiguous JV Agreement Sinks 8(a) Award

An 8(a) joint venture agreement was ambiguous about whether the joint venturers intended to create a populated joint venture (which is no longer allowed) or an unpopulated joint venture–and the ambiguity cost the joint venture an 8(a) set-aside contract.

In a recent decision, the U.S. Court of Federal Claims upheld the SBA’s decision to reject a joint venture agreement that was ambiguous about whether the joint venture was populated or unpopulated.

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