Limitations on Subcontracting & The SBA’s Government-Wide Mentor Protégé Program

THE SBA’S GOVERNMENT-WIDE MENTOR-PROTEGE PROGRAM AND NEW LIMITATION ON SUBCONTRACTING RULE: THE NEW RULES AND HOW THEY WILL CHANGE SMALL BUSINESS SET-ASIDE CONTRACTING

In 2016, the SBA implemented the SBA’s small business mentor-protégé program. This program may potentially be one of the most important and far-reaching federal contracting programs for small businesses in recent memory. The new rule establishes for the first time a Government-Wide mentor-protégé program for all small businesses, which is consistent with the program for participants in SBA’s 8(a) program. The course will cover the provisions of the rule, including: program eligibility requirements, negotiating mentor-protégé agreements, the benefits of these agreements, joint venturing between mentors and protégés for small business set-aside opportunities, and compliance with SBA’s requirements. The Program will also explore SBA’s recent significant changes to the rules that limit subcontracting under set-aside contracts.

Specific topics will include:

• Establishing eligibility of Protégés and Mentors
• Negotiating the intricacies’ of a written Mentor-Protégé Agreement that complies with SBA requirements
• Benefits of Establishing a Mentor-Protégé agreement for both parties, including the ability to create joint ventures that can compete as small businesses under set-aside procurements
• How limitations on subcontracting are calculated under the new SBA rule
• Explain how “similarly situated” subcontractors can be used in light of the new limitation on subcontracting rule
• Consequences for not complying with SBA requirement

The seminar will be taught by Ken Brody, a founding partner of the law firm of David, Brody and Dondershine, LLP in Reston, Virginia. Ken has over forty years of experience dealing with procurement issues, as a trial attorney with the Department of the Navy, and for the past 30 years in private practice. His practice focuses on representing government contractors, particularly small businesses, on all aspects of government contracting, including negotiating agreements, regulatory requirements, the small business programs, bid protests and litigating contract disputes. He also teaches classes for Virginia PTAC on Teaming and Subcontracting and on Award Decisions, Debriefs, and *Avoiding* Protests.