News & Analysis as of

Small Business Joint Venture

Morrison & Foerster LLP - Government...

Changes to SBA’s Mentor-Protégé and Joint Venture Regulations

We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. We previously discussed SBA’s changes to the effect of recertifications under multiple award...more

PilieroMazza PLLC

SBA Update: SBA Clarifies Protégés’ Past Performance and/or Experience Exception

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As PilieroMazza has been reporting, the Small Business Administration (SBA) recently issued a final rule updating and clarifying many regulations that impact small businesses. The revised regulations cover a wide range of...more

Maynard Nexsen

SBA Publishes Major Rule Change: Heeding Input, the Administration Clarifies and Refines M&A-Related Rules to Ease Concerns

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In August, the Small Business Administration ("SBA") issued a proposed rule that included significant and sweeping changes to its regulations, including to its rules on joint ventures, mentor-protégé, HUBZones, and others....more

PilieroMazza PLLC

SBA Update: Final Rule Significantly Changes Effect of Size/Status Recertifications, Alters M&A Landscape for Government...

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As PilieroMazza outlined on December 17, 2024, the Small Business Administration (SBA) recently issued its highly-anticipated final rule (Rule) in response to its August 2024 proposed rule and the hundreds of public comments....more

PilieroMazza PLLC

SBA Update: Final Rule Makes Investing in 8(a) Firms Easier Than Ever!

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As PilieroMazza has been reporting, the Small Business Administration (SBA) recently issued its much-anticipated final rule, which updates and clarifies many regulations that impact small businesses. The revised regulations...more

Schwabe, Williamson & Wyatt PC

SBA Finalizes Rule Changing 8(a) and HUBZone Programs

On December 17, the Small Business Administration issued a final rule that makes significant changes to the agency’s small business 8(a) and HUBZone programs. These generally extend the changes the SBA initially proposed in...more

PilieroMazza PLLC

[Webinar] SBA’s Final Rule Is Here: Key Takeaways on Updates to HUBZone Program, Other Small Business Programs, and Various Small...

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Join PilieroMazza’s Meghan Leemon as she unpacks SBA’s final rule implementing changes to the HUBZone Program, other small business programs, and various small business matters. This comprehensive rule goes into effect on...more

Clark Hill PLC

Update Your 8(a) Joint Venture Agreements Now: SBA Issues New Rule

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The Small Business Administration (“SBA”) published a final rule on Oct. 16, which became effective on Nov. 16, consolidating the 8(a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program. The...more

PilieroMazza PLLC

Seldom-Discussed CMMC Effects on a Defense Contractor’s Business

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The Department of Defense (DOD) has finally promulgated its Final Rule (Rule) implementing the Cybersecurity Maturity Model Certification (CMMC) program, which goes ‘live’ on December 16th. There is plenty of content...more

Benesch

Small Business, Big Wins: Small Businesses and Government Contracting

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So often in the fierce competition for growth, small businesses get frustrated with enterprise players’ ability to undercut pricing and leverage relationships within the private sector to the disadvantage of equally suitable...more

Davis Wright Tremaine LLP

SBA Clarifies Proposed Rule Amid Concerns for Joint Venture Awards

In late August, the SBA issued a proposed rule related to changes to the HUBZone program that also included various changes to the recertification requirements for all small-business contractors. As part of seeking input on...more

PilieroMazza PLLC

SBA Proposed Changes to 8(a) Program Impacts Applicants and Participants

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As PilieroMazza noted recently, the Small Business Administration (SBA) released a major proposed rulemaking that will impact government contractors, including those that are participants in or seeking to be admitted to the...more

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

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...

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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

PilieroMazza PLLC

[Webinar] Annual Review: What DOJ’s Annual FCA Report Means for Government Contractors - March 13th, 2:00 pm - 3:00 pm ET

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The False Claims Act remains an effective enforcement tool for the Justice Department, obtaining judgments over $10 Billion in the last three fiscal years combined. While the FCA remains the primary vehicle for the government...more

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