SBA’s Template for Joint Venture Agreements – Is it OK to Use for your 8(a) Joint Venture?

By Kimi Murakami The answer as to whether 8(a) firms can use the U.S. Small Business Administration’s (“SBA”) joint venture (“JV”) agreement template seems to depend on which SBA District Office your small business is governed by. Recently, some of our small business clients that are governed by the SBA’s Washington Metropolitan Area District Office received notice from their Business Opportunity Specialist (“BOS”) that the agency’s template for JV agreements would no longer be accepted. It is unclear whether this is true for all SBA . . . Read More

A Husband’s “Illusory” Control: Recent SBA Decision Clarifies Role of Spouse in EDWOSBs

Since inception of the WOSB Program, the SBA has been sensitive to the involvement of husbands in WOSBs and EDWOSBs.  To combat the risk of a husband (or another man) running a WOSB or EDWOSB, the regulations require that the management and daily business operation of the concern be controlled by one or more women. However, the SBA also recognizes that as part of her management and control over the company, a woman may choose to hire her husband. But . . . Read More

GAO Affirms Timeline for SBA Approval of Joint Venture Agreements

By Kelly DiGrado The U.S. Government Accountability Office (GAO) recently affirmed that joint venture (JV) agreements need not be approved by the Small Business Administration (SBA) prior to submission of a proposal for an 8(a) set aside contract. See BGI-Fiore JV, LLC,  B-409520 (May 29, 2014). The case arose in the context of a pre-award protest of NASA’s decision to eliminate of BGI-Fiore’s proposal from competition for an 8(a) set aside contract.  NASA rejected the proposal of BGI-Fiore, JV, LLC, a JV between . . . Read More

It’s Not Just About Being Disadvantaged: An Overview of the SBA’s Potential for Success Requirement for 8(a) Program Entry

Gaining entry to the Small Business Administration’s (“SBA”) 8(a) Business Development Program (the “8(a) Program”) is not just about proving a social and economic disadvantage. If you are a small business owner thinking about applying to the 8(a) Program, there is another eligibility requirement you need to understand: potential for success. A business applying for 8(a) status must possess reasonable prospects for success competing in the private sector before it can be admitted to the 8(a) Program. What does that . . . Read More

It’s Not Just Michael Jordan’s Number Anymore: Previewing the SBA 2013 Small Business Procurement Scorecards

By Megan Connor Although the  SBA is not ready  to make its formal announcement yet, government-wide spending for fiscal year 2013 exceeded the 23% spending goal for small businesses for the first time in seven years. Based on data released via the Small Business Dashboard, of the $356 billion eligible dollars spent by the government in fiscal year 2013, small businesses received $83.4 billion or 23.43%. Meeting the 23% government-wide goal for 2013 is even more notable considering  Bloomberg’s recent study , which showed that overall federal contract spending fell . . . Read More