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

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

Bid Protest Minute:  GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues

On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986...more

New Guidance Clarifies Facility Clearance Eligibility Determination Requirements for Joint Ventures

On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the...more

Final Rule Makes Host of Changes to SBA Regulations

On April 27, the Small Business Administration (SBA) issued a final rule which, effective May 30, will make a number of changes to the SBA regulations impacting small businesses. The regulations, finalizing the proposed rule...more

Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships

Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for...more

Attention SBIR Applicants…Remember that Affiliation Rules Still Apply

The Small Business Innovation Research (SBIR) program has an interesting construction. With seemingly no competition to bring size protests and the successful completion of a previous grant before a second grant, the unusual...more

Bye Bye 8(a) MPP and Hello to New Small Business Rules!

In October, the U.S. Small Business Administration (SBA) published a final rule entitled “Consolidation of Mentor-Protégé Programs and Other Government Contracting Amendments,” which went into effect on November 16, 2020....more

Merging Mentoring Programs: SBA’s Proposed Rule to Simplify its Mentor-Protégé Programs

On November 8, 2019, the Small Business Administration (SBA) released an expansive proposed rule to merge its two mentor-protégé programs, while also modifying a number of rules applicable to participants in the program....more

First Small Business Administration OIG Review of the All Small Mentor-Protégé Program Finds Areas for Improvement

In 2016, the Small Business Administration (SBA) established a new government wide mentor-protégé program for small businesses called the All Small Mentor-Protégé Program (ASMPP). The purpose of the program was for...more

VA Concedes Sole Responsibility for Verifying Veteran Contractor Ownership and Control to the SBA

On September 24, 2018, the U.S. Department of Veterans Affairs (VA) issued a final rule that alters its regulations governing the Veteran-Owned Small Business Verification Program. The final rule, “VA Veteran-Owned Small...more

Proposed CFIUS Reform Moves Forward

• FIRRMA would significantly expand CFIUS jurisdiction. • Mandatory filing would be required in some cases. • Parties that protect and maintain personal information are likely to face more scrutiny....more

What Small Businesses Must Consider When Using Teaming Arrangements or Joint Ventures

Teaming Arrangements under the FAR - Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when: 1. Two or more companies form a partnership or joint venture to act as a potential prime...more

Mentor Protégé Joint Venture Allowed to Proceed with Contract Even Though Ineligible to Bid

In an unsealed opinion on October 30, 2017, U.S. Court of Federal Claims Judge Nancy Firestone held that a company, which should have been deemed ineligible from bidding, was allowed to proceed with a contract award because...more

UPDATE: SBA Clarifies Profit Percentages for Joint Ventures under the Small Business Mentor-Protégé Program

As previously reported, on July 22, 2016, the Small Business Administration (SBA) issued a final rule establishing a government-wide mentor-protégé program encompassing all small business concerns....more

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