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The Small Business Administration’s (SBA) Mentor-Protégé Program provides Section 8(a) small businesses a unique opportunity to compete for set-aside federal government contracts in partnership with large businesses. The statutes and rules governing participation in this program, from Mentor-Protégé eligibility to joint venture development to contract performance issues, are complex and not always considered a model of clarity. Moreover, recently promulgated SBA regulations have expanded Mentor-Protégé programs on a Government-wide basis, which now applies to essentially all small business concerns, consistent with the SBA’s unique program and amended the current joint venture provisions to clarify the conditions for creating and operating joint venture partnerships, among other changes.

During this webinar, we will discuss:
  • The basic structure and regulatory requirements governing Mentor-Protégé programs under the SBA as well as other procuring agencies; 
  • How this program can benefit your company;
  • Eligibility requirements for participation as a Mentor and Protégé and the roles of each;
  • The practical “Do’s and Don’ts” of applying for and maintaining Mentor-Protégé status;
  • Creation and maintenance of separate entities or joint ventures between the Mentor and Protégé; 
  • The exception from the SBA’s prohibition against “affiliation” between Mentor and Protégé and common myths related to the affiliation rules;
  • Avoiding size protests challenging a Mentor-Protégé status;
  • Limits on what Mentor firms can and cannot do, and what Protégé firms should and should not do, in connection with this program; 
  • Recent case law that has substantially impacted the structure of joint venture agreements under these programs; and
  • How the new SBA regulations affect all of these issues.
About Our Presenter ...
James FontanaJIM FONTANA, CO-FOUNDER AND MANAGING PARTNER
DEMPSEY | FONTANA, PLLC


James C. Fontana is the co-founder and managing partner of Dempsey Fontana, PLLC.  He has over 30 years of experience as an attorney specializing in government and commercial contracts, with an emphasis on technology and related technical services, as well as ethics compliance and corporate governance issues.  He also specializes in mergers and acquisitions in both the government technology and commercial sectors.   In 2006, the Association of Corporate Counsel named Mr. Fontana Outstanding Chief Legal Officer in the Washington D.C. Metropolitan Area.  In both 2005 and 2006, the Washington Business Journal named Mr. Fontana a Top Attorney in the Washington, DC area in the General Counsel category.  In 2014 Mr. Fontana received the Power Players Award from Washington SmartCEO in recognition of his “leadership, accomplishments, innovation and success” as a Washington, DC-area attorney.

EDUCATION
Mr. Fontana is a graduate of Temple University School of Law, where he was a member of the Law Review and Moot Court Board, and the recipient of the International Trial Lawyer Association Award.  He received his undergraduate degree from American University, where he majored in economics.