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Sba mentor protege joint venture1/11/2024 ![]() ![]() The protester argued that, because the protégé member of a joint venture is required to meet the same requirements applicable to its mentor (and all other offerors), the requirement violates SBA’s regulations. 26, 2021), the solicitation required that, for joint venture offerors, at least one work sample be submitted for each member of the joint venture and that each sample meet the same requirements. In the procurement at issue in Innovate Now, LLC, B-419546 (Apr. SBA explained that while a small business protégé should have some experience in the type of work to be performed, “it is unreasonable to require the protégé concern itself to have the same level of past performance and experience (either in dollar value or number of previous contracts performed, years of performance, or otherwise) as its large business mentor.” Consolidation of Mentor-Protégé Programs and Other Government Contracting Amendments, 85 Fed. Effective November 16, 2020, this provision was expanded to include capabilities, experience, business systems, and certifications. Prior to November 2020, SBA’s regulations provided that, in evaluating proposals submitted by a joint venture, agencies must consider the past performance of the joint venture entity itself and each party to the joint venture. This is an important decision for companies that are parties to a joint venture, and a reminder to carefully review a solicitation’s requirements before submitting a proposal.Īs relevant background, the Small Business Administration (SBA) revised its regulations in November 2020. In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation, as the solicitation impermissibly required that a protégé and mentor in a joint venture have the same level of experience as other offerors.
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