PilieroMazza Submits Comments on Proposed Mentor-Protege Programs

PilieroMazza has recently released their comments regarding the U.S. Small Business Administration’s (“SBA”) proposed rule of February 5, 2015, to establish a mentor-protégé program for all small businesses.

Overall, the firm says “We concur with much of what SBA is proposing in this rulemaking and we commend the agency for its efforts. We hope SBA will target the end of 2015 to issue the final rule.”

Download the full “Final Comments” Document Here.  which says they are “in favor of the SBA’s proposal to create one new mentor-protégé program available for all small businesses, including service-disabled veteran-owned small businesses (“SDVOSBs”), HUBZone firms, women-owned and economically-disadvantaged women-owned small businesses (“WOSBs/EDWOSBs”).”

The document also highlights the potential benefits available to 8(a) protégés, and further opinion, for or against, about the rule changes that the SBA proposal will address.

 

 

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OHA Ruling Shows Danger in Proposed SBA Rule

PM Legal Minute LogoBy Jon Williams, PilieroMazza

OHA Ruling Shows Danger in Proposed SBA Rule By Jon Williams As the saying goes, unless you have been living under a rock, then you know that SBA recently proposed new rules to create a mentor-protégé program for all small businesses.   Less well known, however, is a provision included with the proposed mentor-protégé rules that would dramatically alter how applicants in non-designated groups qualify for the 8(a) Program. SBA is seeking to change the rules for establishing social disadvantage so the agency could reject a claim of social disadvantage if SBA believes the applicant has not sufficiently rebutted an alternate theory by SBA for the claimed discrimination.

In our comments to the proposed rule, we opposed this change because we believe it would unfairly increase the evidentiary burden for applicants. It will also create a slippery slope that will make it much easier for SBA reviewers to reject what an applicant has offered to show social disadvantage, even when the information is uncontroverted.

Read the full story here.

 

PilieroMazza Weekly Report for 4/17/2015

pillieromazzalogoPlease Click Here for the Weekly Report (opens PDF).

In this week’s report:

GOVERNMENT CONTRACTS

  • DoD, GSA, and NASA Issue Small Entity Compliance Guide
  • DoD, GSA, and NASA Issue Interim Rule to Amend FAR Regarding Further Amendments to Equal Employment Opportunity
  • GSA Turns the Lights on at Acquisition.gov
  • DoD Issues Implementation Directive for Better Buying Power 3.0: Achieving Dominant Capabilities Through Technical Excellence and Innovation
  • Interagency Suspension and Debarment Committee Issues FY 2014 Report on Federal Agency Suspension and Debarment Activities

SMALL BUSINESS ADMINISTRATION

  • SBA Issues Proposed Rule to Amend Surety Bond Guarantee Program

– See more at: http://www.pilieromazza.com/weekly-update-newsletter#sthash.TKXbkHyR.dpuf

PilieroMazza Weekly Report for 3/13/2015

pillieromazzalogoPlease Click Here for the Weekly Report.

In this week’s report:

GOVERNMENT CONTRACTS

  • DoD Issues Notice to Publish an Updated List of Product Categories for Which Federal Prison Industries Have a Significant Market Share
  • DOL and OMB Issue a Memorandum Regarding the Implementation of the President’s Executive Order on Fair Pay and Safe Workplaces
  • DOT Issues Notice to Announce New Contracting Initiative

VETERANS AFFAIRS

  • VA Issues Final Rule to Implement VOSB and SDVOSB Status Protests

SMALL BUSINESS ADMINISTRATION

  • SBA Reopens Comment Period for the Proposed Rule to Implement Provisions of the NDAA of 2013 Published December 29, 2014
  • A Notice was Issued for the Committee for Purchase From People Who Are Blind or Severely Disabled

– See more at: http://www.pilieromazza.com/weekly-update-newsletter#sthash.tx8SMjfD.dpuf

PilieroMazza Weekly Report for 2/27/2015

pillieromazzalogoIt has been a few weeks since the last Weekly Report from our lawyers in  DC.  Please Click Here for the latest report.   There are some pending changes to SBA limitations on subcontracting that are worth noting.

In this week’s report:

GOVERNMENT CONTRACTS

  • SBA Considering Extending Comment Period for Proposed Rule on the Limitations on Subcontracting
  • GSA Issues Proposed Rule to Amend Federal Property Management Regulations/Federal Management Regulation; Supply and Procurement
  • DoD Updates Synchronized Pre-Deployment and Operational Tracker Business Rule
  • DoD Issues Final Rule to Amend DFARS Domestic Source Restrictions on Certain Naval Vessel Components (DFARS Case 2014-D022)
  • President Obama Signs Executive Order 13691, Promoting Private Sector Cybersecurity Information Sharing
  • A Notice Was Issued for the Committee for Purchase From People Who Are Blind or Severly Disabled

 

SBA (Small Business Administration) Proposes Change to Small Business Mentor-Protégé Program

From the latest PilieroMazza report, the SBA recently issued a Proposed Rule to Amend:sbalogo

  • Small Business Mentor Protégé Program, Small Business Size Regulations, Government Contracting Programs, 8(a) Business Development/Small Disadvantaged Business Status Determinations;
  • HUBZone Program;
  • WOSB Federal Contract Program,
  • and Rules of Procedure Governing Cases Before OHA

The U.S. Small Business Administration (SBA) issued a proposed rule to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, 80 Fed. Reg. 6618.  See the full SBA account here.

Based on authorities provided in these two statutes, the proposed rule would establish a Government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for Participants in SBA’s 8(a) Business Development (BD) program. Continue reading

PilieroMazza Weekly Report for 2/6/2015

pillieromazzalogoPlease Click Here for the Weekly Report. There are some major changes to the  SBA Mentor Protege program…

In this week’s report:

GOVERNMENT CONTRACTS

  • DOL Issues Notice of Proposed Rulemaking Regarding Discrimination on the Basis of Sex

SMALL BUSINESS ADMINISTRATION

  • SBA Issues Proposed Rule to Amend Small Business Mentor Protégé Program, Small Business Size Regulations, Government Contracting Programs, 8(a) Business Development/Small Disadvantaged Business Status Determinations; HUBZone Program; WOSB Federal Contract Program, and Rules of Procedure Governing Cases Before OHA
  • SBA Issues Notice of Intent to Waive the Nonmanufacturer Rule for Warehouse Instantly Adjustable Racking Systems
  • Committee for Purchase From People Who Are Blind or Severely Disabled: Several Notices were Issued