It may have its own separate employees to perform administrative functions, but it may not have its own separate employees to perform contracts awarded to the joint venture. 3 If a joint venture is formed as a separate legal entity, it must be unpopulated. For example, it changes the rules relating to joint ventures. The proposed rule also makes some other changes. In addition, both the mentor-protégé and the joint venture agreements will need to be submitted to and approved by the SBA prior to the firms receiving any benefit from the program, including award of a contract to a joint venture formed between a mentor and a protégé. Both the mentor-protégé agreement and any joint venture agreement between the mentor and protégé must be in writing and must include certain mandatory provisions. Generally, the proposed rule establishes a mentor-protégé program that reflects the requirements of the current 8(a) mentor-protégé program. The SBA has opted to implement one new mentor-protégé program that will be applicable to all small businesses, other than 8(a) participants, as opposed to four new separate programs. The Small Business Jobs Act of 2010 authorized the SBA to establish separate mentor-protégé programs for each of these programs, and the National Defense Authorization Act (“NDAA”) for Fiscal Year 2103 authorized the SBA to establish a mentor-protégé program that would be applicable to all small business concerns. In other words, it creates an exception to the traditional affiliation rule regarding joint ventures. 1 The effect of this program will be to allow a small business to joint venture with an SBA-approved large business and qualify as a small business for any federal government contract or subcontract, provided that the small business qualifies as small for the size standard corresponding to the NAICS code assigned to the procurement. ![]() 5, 2015, the Small Business Administration (“SBA”) issued a proposed rule that would expand the mentor-protégé program, which is currently only available to 8(a) small business concerns (“SBCs"), to all other SBCs, including traditional small businesses, women-owned small businesses (“WOSB”), service disabled veteran-owned small businesses (“SDVOSB”), and HUBZone small businesses.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |