SBA S ALL SMALL MENTOR PROTÉGÉ PROGRAM

Transcription

1 SBA S ALL SMALL MENTOR PROTÉGÉ PROGRAM March 29, 2018 Richard B. Oliver Orange Cunty Pst

2 Presenter Richard Oliver, a Ls Angeles-based Pillsbury partner, is a leading authrity n gvernment cntracts and disputes invlving the Department f Defense and civilian agencies. Dick has 35+ years experience representing clients befre the Gvernment Accunting Office, the SBA s Office f Hearings & Appeals, the Armed Services Bard f Cntract Appeals and ther administrative bards; in the U.S. Curt f Federal Claims; and in federal and state curts. He has an active bid prtest practice, represents clients in majr criminal and civil investigatins, and cunsels n cmplex small business regulatins. Dick lectures frequently n gvernment and small business cntracting issues. Richard B. Oliver Phne: richard.liver@pillsburylaw.cm Orange Cunty Pst 2

3 All Small Mentr-Prtégé Prgram I. Backgrund II. Benefits f Mentr-Prtégé Prgram III. Mentr Eligibility IV. Prtégé Eligibility V. Mentr Prtégé Agreement VI. Mentr Prtégé Jint Ventures VII. Cnclusin Orange Cunty Pst 3

4 I. Backgrund Histrically, the SBA has had a successful mentr prtégé business develpment prgram fr 8(a) firms nly The Small Business Jbs Act f 2010 and FY 2013 Natinal Defense Authrizatin Act authrized the SBA t establish gvernment-wide mentr prtégé prgram fr all small business cncerns SBA s rule fr All Small Mentr Prtégé Prgram was effective n August 24, 2016, with applicatins received starting n Octber 1, 2016 All Small prgram patterned n 8(a) Mentr Prtégé Prgram Orange Cunty Pst 4

5 II. Benefits f Mentr Prtégé Prgram Prtégé Mentr Financial, marketing and prpsal assistance Training Subcntracts Bnding Jint Ventures withut affiliatin Jint Ventures withut affiliatin Purchase up t 40% f prtégé withut affiliatin Public relatins Orange Cunty Pst 5

6 III. Mentr Eligibility Large r small business Fr-prfit entity that demnstrates its cmmitment and ability t assist small business cncerns Mentr must annually certify that it cntinues t pssess gd character and favrable financial psitin Maximum f 3 prtégés Orange Cunty Pst 6

7 IV. Prtégé Eligibility Open t all small businesses May self-certify as small under primary NAICS cde r seek assistance in secndary NAICS cde Fr a secndary NAICS apprval, the prtégé must demnstrate a lgical business prgressin Maximum f 2 mentrs, but nly if secnd mentr is fr secndary NAICS cde r prtégé seeks t acquire specific expertise that first mentr des nt pssess Orange Cunty Pst 7

8 V. Mentr Prtégé Agreement: Cntents Mentr Prtégé Agreement (MPA) must be written agreement MPA details the specific benefits and assistance mentr will prvide t prtégé t meet its gals as defined in its business plan MPA will establish a single pint f cntact in the mentr wh is respnsible fr managing and implementing the agreement MPA term is a minimum f 1 year; up t 3 years fr ne MPA, with a pssible secnd 3-year term, fr a ttal f 6 years Either party can terminate MPA n 30-days ntice t ther party and SBA MPA must be apprved by the SBA prir t receiving any benefits Orange Cunty Pst 8

9 Mentr Prtégé Agreement: Evaluatin SBA reviews the MPA annually and can terminate at any time Within 30 days f its apprval anniversary, prtégé must reprt t SBA fr the preceding year: All technical and/r management assistance r lans and/r equity All subcntracts awarded t and between the mentr and prtégé All federal cntracts awarded t the any mentr prtégé JV Descriptin f the assistance prtégé has had in meeting develpmental gals Mentring services it receives by categry and hurs Orange Cunty Pst 9

10 Mentr Prtégé Agreement: Apprval SBA reviews annual reprt and decides whether t apprve cntinuatin f the relatinship Any prpsed changes t the MPA must be in writing and apprved by the SBA MPA can cntinue even if mentr underges a change in wnership Orange Cunty Pst 10

11 Mentr Prtégé Applicatin Prcess Apply nline at All applicants must: Register with SAM.gv Execute and submit a Mentr-Prtégé Agreement; a template is available at SBA website Cmplete nline training mdule Submit ther dcuments t substantiate eligibility SBA prcessing time currently is less than a mnth Orange Cunty Pst 11

12 VI. Mentr Prtégé Jint Ventures Jint Ventures (JV) withut affiliatin are a significant benefit f mentr prtégé relatinship Prtégé may JV with its mentr fr any gvernment prime cntract r subcntract, prvided that the prtégé qualifies as small fr the size standard fr NAICS cde assigned t the prcurement JV will qualify fr a set-aside cntract fr specific sciecnmic prgrams, such as fr SDVOSBs, WOSBs, r HUBZne, if the prtégé meets the particular prgramspecific requirements Orange Cunty Pst 12

13 Jint Venture Requirements Structure: the jint venture can be frmal (established as crpratin r LLC) r infrmal Prtégé must wn 51% f separate legal entity Jint venture must d business in wn name Jint venture must be identified in SAM Jint venture must have wn CAGE and DUNS numbers Must be identified as jint venture and list JV partners N prir SBA apprval required fr All Small JV agreements Orange Cunty Pst 13

14 Jint Venture Agreement: Cntent Requirements Agreement must be in writing Describe purpse f the JV Prtégé must be the managing venturer f the JV Emplyee f prtégé must be the prject manager respnsible fr perfrmance f the cntract Mentr and prtégé must receive prfits frm the JV cmmensurate with the percentage f wrk perfrmed Orange Cunty Pst 14

15 Jint Venture Agreement: Cntent Requirements (cnt d) Set-up f special bank accunt in JV s name Itemize all majr equipment, facilities, and ther resurces t be furnished by each party Specify respnsibilities regarding cntract negtiatins, surce f labr, and cntract perfrmance between mentr and prtégé Obligate JV parties t cmplete perfrmance f set-aside cntract despite withdrawal f the ther member Orange Cunty Pst 15

16 Jint Venture Agreement: Cntent Requirements (cnt d) All JV accunting and administrative recrds, including final recrds, must be retained in prtégé s ffice Quarterly financial statements submissin t SBA n later than 45 days after perating quarter Prject-end prfit and lss statement submissin t SBA n later than 90 days after cmpletin Orange Cunty Pst 16

17 Jint Venture Agreements: Perfrmance f Wrk Fr set-asides, the JV must cmply with the limitatin n subcntracting in FAR , and prtégé must perfrm at least 40% f wrk perfrmed by JV Prtégé s wrk must be mre than administrative r ministerial functins In calculating the respective wrk perfrmed by the parties, the SBA will aggregate all wrk dne by the mentr and any f its affiliates at any subcntracting tier Orange Cunty Pst 17

18 Jint Venture Agreements: Cmpliance Certificatin The mentr and prtégé must certify t SBA and cntracting fficer prir t first set-aside cntract: the JV agreement s cmpliance with the cntent regulatins; the JV s cmpliance with the JV agreement terms; and the JV s cmpliance with the perfrmance f wrk requirements between the mentr and the prtégé Annually during perfrmance and at cntract cmpletin, the prtégé must reprt n hw the JV cmplied with the perfrmance f wrk requirements (signed by bth parties) Adverse cnsequences fr nncmpliance Orange Cunty Pst 18

19 VII. Cnclusin The All Small Mentr Prtégé prgram presents exciting pprtunities fr bth small and large businesses QUESTIONS??? Orange Cunty Pst 19