ARTICLE
14 May 2025

Tribal Consultation Meeting For 8(a) Business Development And Mentor-Protégé Programs Provides Insight Into SBA Priorities Under The New Administration

CM
Crowell & Moring LLP

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On May 12, 2025, the U.S. Small Business Administration (SBA) announced that it is holding a tribal consultation meeting and requesting...
United States Corporate/Commercial Law

On May 12, 2025, the U.S. Small Business Administration (SBA) announced that it is holding a tribal consultation meeting and requesting comments and input on topics relating to the 8(a) and mentor-protégé programs. The tribal consultation will be held on June 13, 2025 in Anchorage, Alaska, and SBA is anticipating that the meeting will cover a range of topics relevant to 8(a) and mentor-protégé program participants.

First, SBA is seeking input on the 8(a) program generally. SBA asks that tribes, Alaska Native Corporations (ANCs), and Native Hawaiian Organizations (NHOs) provide their perspective on how the 8(a) program is working and how it could be made more efficient to better suit the needs of small businesses owned by these entities.

Second, SBA is requesting best practices on how entity-owned firms market their capabilities to procuring agencies. The published notice states that certain practices may be negatively impacting entity-owned firms' ability to receive awards, including creating the perception that entity-owned firms are affiliated when several appear on the same webpage or where multiple firms owned by the same entity have exactly the same capabilities and contact points.

Finally, regarding the mentor-protégé program, SBA is interested in receiving comments and input on whether protégé firms are truly able to direct and manage their mentor firms when performing a mentor-protégé joint venture contract. SBA states that some mentors have pre-existing relationships with certain procuring agencies and do not include protégé firms in critical meetings with those agencies, despite the protégé being the project manager of the joint venture. The notice states that this is contrary to the intent of the mentor-protégé program, because protégé firms should be the ones directing the actions of a mentor-protégé joint venture. SBA also states this could lead to instances of non-compliance with the limitations on subcontracting requirements but does not further explain how.

Industry has been waiting to see how the Trump Administration will address SBA programs and this meeting is the first substantial indication of where SBA's 8(a) and mentor-protégé programs may be headed. The meeting and subsequent updates will likely provide insight into the future direction of these programs.

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