Many small businesses think about getting into the SBA Mentor- Protégé Program. However, to become a mentor, they must first meet the SBA mentor definition. The program is in place to help small businesses to be able to secure federal government projects with the aid of a business mentor that… Read more »
Caution: Violations of the Ostensible Contractor Rule Result in Lost Contracts Given the new SBA subcontractor rules and regulations, subcontractors should pay special attention to whether or not they still can be ostensibly affiliated. Although the new SBA affiliation rules relax the possibility of becoming affiliated, the Ostensible Subcontractor Rule… Read more »
Avoid Costly Mistakes Under the New Joint Venture Rules The new SBA joint venture agreement regulations primarily focus on broadening the exclusion from affiliation for small business size status. See 13 CFR 121.103(h). Specifically, the new rule allows two or more small businesses to joint venture for any procurement without being… Read more »
Not understanding the small business set aside subcontracting rules that govern whether or not your company is a similarly situated small business can cost everyone the contract in a small business set aside size protests Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA… Read more »
Effective June 30, 2016, the Small Business Administration (SBA subcontracting) changed some of the key points in the limitations on subcontracting clauses for small business set-aside contracts. Failure to properly assess compliance could potentially cost you the contract in a bid protest or even cause your company to be subject… Read more »
Is your company qualified under SBA small business joint venture regulations? Do you legally meet the joint venture definition? Understand the rules and get your company better positioned when bidding on federal government contracts. Improper joint venture relationships can lead to affiliation and contracts being revoked. In some situations, the… Read more »
Avoid Costly Mistakes When Submitting 8(a) Joint Venture Past Performance GAO protests continue to surface because of improper past performance evaluation of proposals. In a recent case, GAO sustained a protest because NASA considered the awardee’s past performance. There was no record of actual performance. The problem was that the solicitation stated that NASA would not… Read more »
To better understand what is a mentor under the SBA All Small Mentor Protege Program (ASMPP), it might be useful to understand the underlying reason for the program. The purpose of the SBA’s Mentor Protege Program is for the Mentor to enhance and improve the protégé’s capabilities. Under 13 CFR… Read more »
By Theodore P. Watson, Esq. and Cheryl E. Adams, Esq. The U.S. Small Business Administration (SBA) Non Manufacturer Rule and FAR guidelines have become the topic of litigation for small businesses in the SBA 8a Program. Under the rule, 13 CFR 121.406, your small business may qualify as an eligible… Read more »
Small businesses considering submitting a joint venture for federal government contracts must be aware of certain legal landmines when bidding. The most important aspect of using a JV business relationship is to avoid affiliation while making sure that the joint venture agreement meets statutory requirements. Small businesses that are 8(a) certified… Read more »