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SBA Mentor-Protege Program and JVs

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If an SBA-approved Mentor-Protégé Joint Venture is awarded a multiple award IDIQ and then dissolves the Mentor-Protégé arrangement, is it still eligible to receive task orders under that IDIQ?  If so, would the JV still be eligible if asked to recertify its size for a task order if the protégé remains small, but there is no current Mentor-Protégé arrangement? 

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I don't have any experience with the program, but I assume for someone that has, the language of SBA's regulations might be instructive (assuming we're talking about the same program).  I personally have trouble following it:  "Once a protégé firm graduates or otherwise leaves the 8(a) program or grows to be other than small for its primary NAICS code, it will not be eligible for any further 8(a) contracting benefits from its 8(a) BD mentor-protégé relationship.  Leaving the 8(a) BD program, growing to be other than small for its primary NAICS code, or terminating the mentor-protégé relationship while a protégé is still in the program, does not, however, generally affect contracts previously awarded to a joint venture between the protégé and its mentor."  13 CFR 124.520(d)(1)(iii).  For recertification matters (at the five-year point), see 13 CFR 124.520(d)(1)(iii)(D).

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Maybe a small back step first.   Is it an 8(a) Mentor Protégé or a Small Business Protégé (13 CFR 125.9)?

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13 hours ago, C Culham said:

Maybe a small back step first.   Is it an 8(a) Mentor Protégé or a Small Business Protégé (13 CFR 125.9)?

The Protégé graduated from the 8(a) program and transferred to the "All Small" program.  One award was an 8(a) and one was a Small Business set-aside (both IDIQs).  It would appear from the regulatory language that the JV would still be eligible for task orders (right??) and if that is correct, what happens if the KO asks for a recertification for a task order? It would seem that the JV (no longer a Mentor-Protégé) could not rely on that "exception from affiliation" so would not be able to recertify. Any thoughts?

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2 hours ago, BABS said:

The Protégé graduated from the 8(a) program and transferred to the "All Small" program.  One award was an 8(a) and one was a Small Business set-aside (both IDIQs).  It would appear from the regulatory language that the JV would still be eligible for task orders (right??) and if that is correct, what happens if the KO asks for a recertification for a task order? It would seem that the JV (no longer a Mentor-Protégé) could not rely on that "exception from affiliation" so would not be able to recertify. Any thoughts?

My thought is that it would take some concentrated effort in reviewing SBA regulations to sort out your situation.  It seems it might be more about the JV especially noting that as I read your original post and now this one that while not considered in a MP program the JV still exists.  If so then the issues spin around the JV and its accord with the SBA regulations. 

I won't go any further with my thoughts offering that seeking an expert in the area of small business regulations would be appropriate.   I also offer the following document that may be of an assist.....

https://www.sba.gov/sites/default/files/articles/affiliation_ver_03.pdf

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