Photo of Peter J. EyrePhoto of Olivia Lynch

This week’s episode covers a new Executive Order on Climate-Related Financial Risk, the final DFARS provision on contract closeout, a new SBA decision involving a mentor-protégé joint venture, and a FedRAMP update, and is hosted by partners Peter Eyre and Olivia Lynch. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a

Photo of Olivia LynchPhoto of Amy Laderberg O'SullivanPhoto of Michael SamuelsPhoto of Zachary Schroeder

In this bullet point, Olivia Lynch, Amy O’Sullivan, Michael Samuels, and Zachary Schroeder address the SBA Office of Hearings and Appeals’ (OHA) recent decision in DSC-EMI Maintenance Solutions, LLC, SBA No. SIZ-6096. In the decision, OHA affirmed a size determination holding that a joint venture formed pursuant to SBA’s Mentor-Protégé Program was other-than-small because

Photo of Olivia LynchPhoto of Amy Laderberg O'SullivanPhoto of Michael SamuelsPhoto of Zachary Schroeder

The Government Accountability Office sustained a protest (Innovate Now, LLC, B-419546, April 26, 2021) against an Air Force solicitation that required the protégé member of any mentor-protégé joint venture offeror to meet the same experience requirements as all other offerors.  Specifically, the RFP required that a joint venture offeror must provide a minimum

Photo of Jared EngelkingPhoto of Olivia LynchPhoto of Brian Tully McLaughlinPhoto of Amy Laderberg O'SullivanPhoto of Michael SamuelsPhoto of Zachary Schroeder

On February 25, 2021, the U.S. Attorney’s Office for the Southern District of Illinois announced a settlement to resolve allegations that a contractor that was not an eligible participant in the Small Business Administration’s 8(a) Business Development Program violated the False Claims Act by controlling a joint venture that claimed 8(a) status and won an

Photo of Amy Laderberg O'SullivanPhoto of Olivia LynchPhoto of Michael SamuelsPhoto of Zachary Schroeder

In a previous blog post, we covered the Small Business Administration’s (SBA) consolidation of the 8(a) Business Development (BD) Mentor-Protégé Program and the All Small Mentor-Protégé Program.  Beyond consolidating the programs, SBA also made a host of additional changes to the 8(a) Program, almost all of which took effect on November 16, 2020.  As

Photo of Amy Laderberg O'SullivanPhoto of Olivia LynchPhoto of Michael SamuelsPhoto of Zachary Schroeder

As we’ve stressed about the mentor-protégé program, the Small Business Administration’s (SBA) primary concern is that the program benefits the small business protégés.

Past performance is a particularly delicate topic for small businesses, presenting something of a what-came-first-the-chicken-or-the-egg question.  Past performance is not strictly required in order to win prime federal contracts, and its weighting

Photo of Amy Laderberg O'SullivanPhoto of Olivia LynchPhoto of Michael SamuelsPhoto of Zachary Schroeder

In the Small Business Administration’s (SBA) October 2019 Final Rule covering Consolidation of Mentor-Protégé Programs and Other Government Contracting Amendments, SBA also included modification to two of the affiliation tests under 13 C.F.R. § 121.103.

(Note, SBA made a number of other changes to 13 C.F.R. § 121.103 focused on the joint venture affiliation test.)

Photo of Amy Laderberg O'SullivanPhoto of Olivia LynchPhoto of Michael SamuelsPhoto of Zachary Schroeder

On October 16, 2020, the Small Business Administration (“SBA”) issued a final rule enacting a number of now-effective changes to SBA’s regulations, including changes to the rules governing size recertifications on unrestricted multiple award contracts (“MACs”).

The final rule requires contractors to certify their size and socioeconomic status at the time of initial offer for

Photo of Mana Elihu LombardoPhoto of Stephanie MarcantonioPhoto of Amy Laderberg O'SullivanPhoto of Paul J. PollockPhoto of Olivia Lynch

On October 2, 2020 (almost two months after the August 10, 2020 commencement of the acceptance period for forgiveness applications), the Small Business Administration (SBA) released an SBA Procedural Notice (the “Notice”) concerning required procedures for change of ownership of an entity that has received PPP loans (the “PPP Borrower”). Under the Notice, SBA approval

Photo of Mana Elihu LombardoPhoto of Stephanie MarcantonioPhoto of Amy Laderberg O'SullivanPhoto of Paul J. Pollock

On August 4, 2020, the Small Business Administration (SBA) released a Frequently Asked Questions (FAQs) addressing numerous technical issues on PPP Loan Forgiveness. On August 11, 2020, the FAQs were updated to include additional guidance for recipients of both PPP Loans and Economic Injury Disaster Loans.

The following are the major takeaways from the