Tag Archives: joint ventures

Missing Mentor-Protege Reauthorization Sinks 8(a) JV’s Bid

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An 8(a) joint venture was unable to show that its mentor-protege agreement had been renewed by the SBA for a particular year–and the missing reauthorization caused the joint venture to be ineligible for a small business set-aside contract.

In a recent decision, the SBA’s Office of Hearings and Appeals held that an 8(a) joint venture could not avail itself of the mentor-protege exemption from affiliation when there was no evidence to show that the SBA had renewed the mentor-protege relationship for the year in which the joint venture’s proposal was submitted.

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8(a) Mentor-Protege JV Didn’t Qualify For SDVOSB Set-Aside, Says SBA OHA

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An 8(a) mentor-protege joint venture didn’t qualify for an SDVOSB set-aside because the mentor firm was not a small business.

In a recent decision, the SBA Office of Hearings and Appeals held that a SDVOSB-specific regulation requires all members of an SDVOSB joint venture to be small–notwithstanding language in the SBA’s size regulations and 8(a) Program regulations specifying that an SBA-approved mentor-protege joint venture may bid, as a small business, on any government contractor or subcontract, provided that the protege is small.

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8(a) Program: Utah SBA Imposes Tough New Restrictions on JVs & MPAs

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The SBA’s Utah District Office has imposed tough new restrictions on the approval of 8(a) mentor-protege agreements and joint ventures.

The Utah SBA obviously hopes that these restrictions will lead to more successful 8(a) mentor-protege and joint venture relationships–but I worry that these District-specific restrictions may backfire, and put Utah 8(a)s at a significant competitive disadvantage against 8(a)s serviced by other SBA District Offices.

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SDVOSBs And VOSBs: I’ll See You At NVSBE 2015

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I am pleased to announce that I will be presenting three Learning Sessions at the 2015 National Veterans Small Business Engagement in Pittsburgh.

My first session, Joint Venturing and Teaming on SDVOSB Set-Aside Contracts, will take place on November 17 at 11:10 a.m. in Room 333.  The second session, The SBA’s Proposed New “Universal” Mentor-Protege Program, will be that same day at 3:10 p.m. in Room 413.  The third session, Is My Company a “Non-Manufacturer”–The Ins and Outs of the Non-Manufacturer Rule will be held on November 18 at 11:10 a.m. in Room 413.

If you will be attending NVSBE 2015, I hope you’ll make it to my Learning Sessions.  See you at the conference!

8(a) Mentor-Protege Joint Venture Agreements: Details Matter, Court Says

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An 8(a) mentor-protege joint venture was not entitled to take advantage of the special mentor-protege exception from affiliation because the joint venture agreement lacked adequate detail.

In a recent decision, the U.S. Court of Federal Claims held that the SBA had reasonably determined the joint venture to be a large business because the joint venture agreement did not sufficiently address certain requirements.  The Court’s decision should be a warning for all 8(a) mentor-protege joint ventures: details matter.

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Joint Ventures: SBA Proposes Major Changes

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The SBA has proposed major changes to rules governing joint venturing for set-aside contracts.

As part of a proposed rule released last week, the SBA proposes to eliminate so-called “populated” joint ventures, and proposes additional changes regarding joint venture certifications, performance of work reports, and more.

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Mentor-Protege For All: SBA Proposes “Universal” Mentor-Protege Program

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The SBA has proposed to establish a government-wide mentor-protege program available to all small businesses.

In a proposed rule released yesterday, the SBA proposed to establish a single, “universal” mentor-protege program, open to all small businesses, not just those with certain socioeconomic designations.  And critically, the SBA’s proposed mentor-protege program would allow SBA-approved mentor-protege joint ventures to qualify as “small” for any federal government prime contract or subcontract–a benefit currently available only to 8(a) companies.

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