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SBA “Contemplates” Consolidating 8(a) and All Small Mentor-Protégé ProgramsThe U.S. Small Business Administration (SBA) recently issued a notice in the Federal Register stating that it “is contemplating making substantive changes to the regulations” governing the 8(a) Business Development program, and that it “requests comments and input on how best to reduce unnecessary or excessive regulatory burdens” on the program.

Of particular importance, the SBA states that the “planned rulemaking contemplates consolidating the All Small Mentor Protégé Program and the 8(a) Mentor Protégé Program into one program and possibly eliminating SBA’s role in approving joint venture agreements for 8(a) competitive contracts.”

The SBA further states that it is contemplating an “amendment” to its regulations that “would allow mentors participating in SBA’s mentor protégé program to have more than three protégés at one time.” The SBA goes on to state, however, that it “is concerned that allowing a large business mentor to have additional protégé firms at one time could permit them to unduly benefit from small business contracts, through joint ventures with their protégé firms, which they would otherwise not be eligible for.” Nevertheless, the SBA “is seeking comments on whether lifting the current regulatory limit would benefit small businesses and further the programs’ purpose.”

If you have any questions about the proposed changes to the SBA’s regulations, or about any other related issues, please do not hesitate to contact Aron Beezley.

Upcoming Event – Government Contracting 101: Practical Advice for CompaniesBradley’s Construction, Government Contracts and Government Enforcement groups are pleased to present “Government Contracting 101: Practical Advice for Companies” as part of the latest Huntsville/Madison County Chamber of Commerce Seminar Series.

This onsite event will discuss an overview of practical advice for common issues facing government contractors presented by a host of talented guest speakers and Bradley attorneys.

When:  Thursday, June 7, 2018
11:30 am – Lunch
12:30 pm – Government Enforcement Actions – Priorities and Trends in the New Administration
1:30 pm – Legal Strategies for Protecting Your Business Capital
2:30 pm – Bid Protests
3:30 pm – Positioning Your Company for Sale – Strategies for Exit Events
4:30 pm – Cocktail Hour

Where:  Embassy Suites by Hilton Huntsville, Big Spring Ballroom CD Conference Rooms, 800 Monroe Street, Huntsville, AL 35801

What:  In the highly regulated world of government contracting, companies face a complex and often shifting business landscape. Join us for a half-day seminar offering practical advice for common issues facing government contractors. This seminar is designed for all companies whether your business is a new start-up or established entity.

Speakers:

JAY TOWN, United States Attorney for the Northern District of Alabama
JEFF SHOWALTER, CDO and General Counsel, JHNA
MARC MARLIN, Managing Director, KippsDeSanto & Co.
KIMBERLY B. MARTIN, Partner, Huntsville
A. LEE BENTLEY III, Partner, Tampa
JACK W. SELDEN, Partner, Birmingham
HAROLD D. MOOTY III, Partner, Huntsville
DANIEL CULPEPPER, Attorney, Huntsville
DAVID W. HOLT, Partner, Huntsville
ARON C. BEEZLEY, Partner, Washington, D.C.
JASON P. MEHTA, Partner, Tampa
DANIEL KAUFMANN, Partner, Huntsville
GEORGE A. SMITH II, Partner, Huntsville
DAVID VANCE LUCAS, Partner, Huntsville

To register for the event, please RSVP by June 6th, 2018.

We look forward to seeing you there!

Important Small Business Eligibility Rules Go into Effect on May 25, 2018The U.S. Small Business Administration (SBA) recently issued a very important, but under-the-radar, “technical correction” to its regulations pertaining to recertification of a federal contractor’s status for Multiple Award Contracts. In particular, the SBA is amending its regulations to provide that where a “concern grows to be other than small” or no longer qualifies for a given socio-economic status (e.g., HUBZone, woman-owned, economically-disadvantaged woman-owned, service-disabled veteran-owned, etc.) as a result of a novation, merger/sale/acquisition, or “negative status determination,” the company is ineligible to compete for set-aside task orders under the company’s Multiple Award Contracts. Importantly, this new rule applies regardless of whether or not “the contracting officer requests a new [status] certification in connection with a specific order.”

Previously, the SBA’s rules in this area were widely interpreted to mean that where a “concern grows to be other than small” or no longer qualifies for a given socio-economic status as a result of a novation, merger/sale/acquisition, or “negative status determination,” the company was eligible to compete for set-aside task orders under the company’s Multiple Award Contracts, unless “the contracting officer requests a new [status] certification in connection with a specific order.” See Analytic Strategies, Inc., SBA No. VET-268 (Jan. 29, 2018).

The SBA’s “technical correction” to its regulations becomes effective on May 25, 2018. If you have any questions about the SBA’s new rules, or any other related issues, please do not hesitate to contact Aron Beezley.