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SBA Proposes Sweeping Expansion of the Mentor-Protégé Program

Client Alert | 1 min read | 02.13.15

On February 5, 2015, the SBA issued a proposed rule implementing portions of FY 2013 NDAA regarding the establishment of a universal mentor-protégé program available to all small businesses (instead of just certain SBA-approved 8(a) contractors under the current program) that would allow, among other benefits, approved mentor-protégés to compete as a joint venture for set-aside awards for which the protégé would otherwise be eligible. The SBA is seeking comments (due by April 6, 2015) on a number of aspects of this proposed rule, including whether the SBA should require all joint ventures in this program to be formed as separate legal entities and whether there should be a maximum of two mentors per protégé.

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Client Alert | 2 min read | 08.14.24

Bid Protests: GAO Reminds Would-Be Protesters – Timing Is Everything

When to file a protest challenging an agency’s corrective action is an issue that has confused protesters for over a decade since GAO’s Domain Name Alliance Registry, B‑310803.2, Aug. 18, 2008, 2008 CPD ¶ 168 decision.  In Domain Name, GAO held where a protester essentially challenges the “ground rules” of corrective action, that protest must be filed pre-award or risk being dismissed as untimely.  This has led to the proliferation of overly cautious protesters bringing pre-award challenges to corrective actions only to have GAO dismiss such protests as merely anticipating improper agency action and therefore premature.  Indeed, the line between a timely and untimely corrective action protest is unclear.  And that confusion persists, as evidenced in two recent GAO dismissals—General Dynamics Information Technology, Inc., B-422421.6, B-422421.7, July 17, 2024, and Peraton Inc., B-422409.2, B‑422409.3, July 22, 2024....