Mentor-Protégé Joint Venture Agreement Best Practices

ABA Section of Public Contract Law

11/18/2019

Government Contracts + Public Procurement

K&L Gates LLP
1601 K St NW # 1
Washington, D.C. 20006

Damien C. Specht

Damien C. Specht

Speaking Engagement

SBA's 8(a) and All Small Mentor-Protégé programs provide participants the special privilege of joint venturing without affiliation. But to take advantage of that privilege participants in the program must jump through several hoops, including having a joint venture agreement (JVA) that complies with specific SBA regulatory requirements.

Failure to comply with these regulations can result in the JVA being rejected by SBA, or the joint venture partners being found to be affiliated in a size protest. Despite these risks, many contractors still draft JVAs that do not meet SBA regulations. Beyond regulatory compliance problems, many JVAs lack key terms necessary to ensure operational success or to protect the interests of the partners.

Join our panel for a discussion of best practices for drafting mentor-protégé JVAs. Best practices for ensuring regulatory compliance, as well as crafting an agreement that meets operational needs and protects the interests of the partners will be discussed. In addition, the potential impact of SBA's forthcoming changes to its mentor-protégé regulations will be addressed.

Moderator

  • Adam LaskyPartner, Oles Morrison Rinker & Baker LLP

Panelists

  • Damien SpechtPartner, Morrison & Foerster LLP
  • Eric WhytsellPartner, Stinson LLP

Lunch will be available for $10/ person, cash only.

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