The final rule eliminates the requirement that SBA review and approve an 8(a) joint venture before it may be awarded an 8(a) set-aside contract.To this end, the rule makes the following notable changes: § 127.504 which pertains to the criteria for qualifying as a women-owned small business (WOSB) or economically-disadvantaged WOSB, which went into effect on October 16, 2020.Įssentially, with regard to the mentor-protégé program, the rule merges the 8(a) BD Mentor-Protégé Program into the All Small Mentor-Protégé Program, such that the former is eliminated as a stand-alone program and is now subject to the same regulations as the latter. The majority of the final rule’s provisions will go into effect on November 16, 2020-except for those provisions amending 13 C.F.R. We previously reported on the proposed rule regarding the SBA’s intention to consolidate the 8(a) Business Development (BD) Mentor-Protégé and the All Small Mentor-Protégé Programs, on which the SBA received 189 comments. On October 16, 2020, the SBA published its final rule consolidating the mentor-protégé programs, as well as amending certain other government contracting regulations. The program also provides that, under certain circumstances, the mentor-protégé team can also jointly venture to compete for small business set-aside contracts for which the protégé qualifies-without triggering the joint venture affiliation rules that would otherwise render the joint venture too large to compete as a small business. At their best, the mentor-protégé programs administered by the Small Business Administration (SBA) are programs whereby large business mentors may partner with small business protégés-providing the small business with resources, knowledge, and an overall enhancement of capabilities.
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