News & Analysis as of

Joint Venture Federal Contractors Small Business Administration

Maynard Nexsen

SBA Proposes to Amend its Negative Control Rule, Which Could Have Major Implications for Small Businesses and Minority Shareholder

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Recently, the Small Business Administration ("SBA") issued a proposed rule, which could significantly alter the status quo for permissible negative control. Impacted small businesses and their minority shareholders and...more

Morrison & Foerster LLP - Government...

Summertime Sadness For Mentor Protégé Joint Ventures

This summer has seen two notable updates that parties to mentor-protégé joint ventures (MPJVs) should be aware of. First, buried in a Notice that the U.S. Small Business Administration (SBA) issued on July 22, 2024, is a...more

Dunlap Bennett & Ludwig PLLC

SBA May Limit Its Mentor-Protégé Joint Venture Program

On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations seeking public comments on potential changes to its mentor-protégé joint venture program, citing a “perception that...more

Womble Bond Dickinson

The Company You Keep: FCA Investigations of 8(a) Program Contractors

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Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – August 2024 #2

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Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition - Government contractors who are members of a tribal nation should be aware of the meetings listed below and a...more

PilieroMazza PLLC

Trials and Trib(e)ulations: SBA Seeks Tribal Consultation on Eligibility, Funding, and Contract Competition

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Government contractors who are members of a tribal nation should be aware of the meetings listed below and a listening session the Small Business Administration (SBA) is hosting regarding important developments within the...more

PilieroMazza PLLC

When a Protégé Rebels Against Its Mentor: The Price Contractors Pay for Not Knowing Fiduciary Duties

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What happens when a protégé rebels against its mentor? In a recent decision from the Eleventh Circuit, Yorktown Sys. Grp. Inc., v. Threat Tec LLC, the court had to deal with such a question after Threat Tec, the protégé and...more

Cohen Seglias Pallas Greenhall & Furman PC

Insights from Yorktown and Threat Tec’s Dispute: Mentor-Protégé Program Pitfalls

Under the Small Business Administration’s (SBA) mentor-protégé program, smaller businesses are afforded the tools to compete for government contracts by partnering with larger businesses that serve as mentors to the small...more

Womble Bond Dickinson

SBA Announces It Is Considering Whether To Prohibit Mentor-Protégé Joint Ventures From Competing For Multiple Award Contracts

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On July 22, 2024, the Small Business Administration (SBA) posted an announcement, Tribal Consultation for HUBZone Program Updates and Clarifications and Potential Reforms Under Executive Order 14112, 89 Fed. Reg. 59010...more

Wiley Rein LLP

SBA Considers Restrictions on the Use of Mentor-Protégé Joint Ventures

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WHAT: The U.S. Small Business Administration (SBA) has requested comments on prospective policy changes concerning the use of joint ventures under the mentor-protégé program. Due to what SBA characterized as a “perception...more

Holland & Knight LLP

SBA Notices Tribal Consultation in Advance of Proposed Rule Affecting HUBZone, 8(a) and Other Small Business Contracting Programs

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On July 22, 2024, the U.S. Small Business Administration (SBA) published a Notice of Tribal Consultations (Notice) in the Federal Register related to a forthcoming proposed rulemaking affecting a number of SBA's small...more

Maynard Nexsen

GAO Decision Highlights Agency’s Evaluation of Mentor-Protégé Joint Venture, But Could Unintentionally Lead Industry Astray on...

Maynard Nexsen on

A recent Government Accountability Office (“GAO”) decision highlights the Small Business Administration’s (“SBA”) regulations relating to agency evaluations of a mentor-protégé joint venture’s past performance and experience,...more

Bass, Berry & Sims PLC

OHA Decision Reaffirms SBA’s Strict Adherence to Joint Venture Requirements

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In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement...more

Whitcomb Selinsky, PC

Silotech-Apex's Operating Agreement Challenged in SDVOSB Protest

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On May 25, 2023, Brandon Parker, a Contracting Officer from the U.S. Department of Veterans Affairs, filed a protest against Silotech-Apex JV, LLC (Silotech) challenging their Service-Disabled Veteran-Owned Small Business...more

Whitcomb Selinsky, PC

LS3, LLC Size Determination Appeal Dismissed as Moot

Whitcomb Selinsky, PC on

In May 2023, the SBA Office of Government Contracting made two significant Size Determinations, Nos. 6-2023-020 and 6-2023-021, concerning the small business status of LS3, LLC. Challenging these determinations, LS3, LLC...more

Whitcomb Selinsky, PC

Analyzing ASTC's Size Appeal Against ETA in ASMPP Case

Whitcomb Selinsky, PC on

In a recent case, Allegheny Science & Technology Corporation (ASTC) filed a size appeal against Energy Technology Alliance LLC (ETA) for alleged non-compliance with the All-Small Mentor-Protégé Program (ASMPP) requirements....more

Whitcomb Selinsky, PC

Analyzing the Cogito Systems SBA Size Protest Case

Whitcomb Selinsky, PC on

In a recent size appeal case, Federal Performance Management Solutions, LLC (Appellant) has contested a determination that found them not to be a small business. Cognito Systems, LLC (Cognito) filed a size protest against...more

Jenner & Block

Government Contracts Legal Round-Up | 2024 Issue 1

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Dunlap Bennett & Ludwig PLLC

The “New” Narrative Requirement In SBA 8(a): Business Development Program Eligibility For Socially And Economically Disadvantaged...

The US Small Business Administration (“SBA”) has a long history of supporting socially and economically disadvantaged business owners under Title 15, Chapter 14A, Sections 636(j)(10) and 637(a) of the United States Code. One...more

PilieroMazza PLLC

SBA and ISOO Issue Guidance on Facility Security Clearances for Joint Ventures

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On October 5, 2023, the Information Security Oversight Office (ISOO) and the Small Business Administration (SBA) released a Joint Notice that provides guidance on the facility security clearance (FCL) requirements for joint...more

Morrison & Foerster LLP - Government...

Definitive Guidance On Facility Security Clearances For Small Business Joint Ventures

The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) have issued a Joint Notice to clarify how Facility Security Clearances (FCLs) (also called Entity Eligibility Determinations, or...more

Morrison & Foerster LLP - Government...

Subcontracting To A Mentor-Protégé Joint Venture: Changes To How Small Business Subcontracting Goals Are Calculated

Recent changes to the U.S. Small Business Administration (SBA) regulations affect how large businesses can take small business credit for subcontracting to their own mentor-protégé joint ventures (MPJVs). SBA’s final rule...more

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Size Determinations and Multiple Award ‎Contracts

On April 27th, the U.S. Small Business Administration (“SBA”) published a final rule making changes to the regulations governing the 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the...more

Morrison & Foerster LLP - Government...

GSA Issues Multiple Award Schedule Solicitation Refresh 16: What It Means For Joint Ventures, Good And Bad

On May 19, 2023, the General Services Administration (GSA) issued Multiple Award Schedule (MAS) solicitation refresh 16, which introduced a formal offer process for joint ventures. To provide guidance on navigating those...more

Whitcomb Selinsky, PC

Security Clearance Requirements in Joint Ventures

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When bidding on a government contract, the company and/or its employees may need a specific security clearance in order to work on a project. Security clearances are based on an individual’s position and their need to access...more

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