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ARTICLE · 07 OCTOBER 2016

Contractor Compliance Update: Mentor-Protégé Agreement Must Be Approved To Avoid Affiliation

Fox Rothschild LLP
Fox Rothschild LLP
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For small business government contractors, the question of affiliation should always be at the top of the list of priorities.

United StatesGovernment, Public Sector

For small business government contractors, the question of affiliation should always be at the top of the list of priorities. A finding of affiliation between your business and another business (and, in particular, a large business) could be enough to lose your small business size status – and the ability to compete for those coveted set-aside contracts.

One of the few recognized exceptions to affiliation is an approved mentor-protégé relationship under the Small Business Administration's (SBA) 8(a) business development program. In short, an 8(a) protégé can joint venture with its SBA-approved large business mentor and still qualify as a small business for any federal government contract or subcontract – without the fear of affiliation.

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