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Tribal Consultation Meeting for 8(a) Business Development and Mentor-Protégé Programs Provides Insight Into SBA Priorities Under the New Administration

By Amy Laderberg O'Sullivan, Olivia Lynch, Michael Samuels & Zachary Schroeder on May 14, 2025
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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 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.

Photo of Amy Laderberg O'Sullivan Amy Laderberg O'Sullivan

Amy Laderberg O’Sullivan is a partner in the firm’s Washington, D.C. office, a member of the Steering Committee for the firm’s Government Contracts Group, and former chair of the firm’s Diversity Council. Her practice involves a mix of litigation, transactional work, investigations, and

…

Amy Laderberg O’Sullivan is a partner in the firm’s Washington, D.C. office, a member of the Steering Committee for the firm’s Government Contracts Group, and former chair of the firm’s Diversity Council. Her practice involves a mix of litigation, transactional work, investigations, and counseling for corporate clients of all sizes and levels of experience as government contractors. On the litigation side, she has represented corporate clients in bid protests (agency level, GAO, ODRA, Court of Federal Claims, Court of Appeals for the Federal Circuit, as well as state and local bid protests in numerous jurisdictions), size and status protests before the U.S. Small Business Administration, claims litigation before the various Boards of Contract Appeals, Defense Base Act claims litigation at the Administrative Law Judge and Benefits Review Board levels, civil and criminal investigations, and she has been involved in complex commercial litigation.

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Photo of Olivia Lynch Olivia Lynch

Olivia L. Lynch is a partner in Crowell & Moring’s Government Contracts Group in the Washington, D.C. office.

General Government Contracts Counseling. Olivia advises government contractors on navigating the procurement process, compliance and ethics, commercial item contracting, accessibility, supply chain assurance, and…

Olivia L. Lynch is a partner in Crowell & Moring’s Government Contracts Group in the Washington, D.C. office.

General Government Contracts Counseling. Olivia advises government contractors on navigating the procurement process, compliance and ethics, commercial item contracting, accessibility, supply chain assurance, and various aspects of state and local procurement law.

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Photo of Michael Samuels Michael Samuels

Michael Samuels is a partner in Crowell & Moring’s Government Contracts Group. His practice involves counseling and representing government contractors on a wide range of issues.

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Photo of Zachary Schroeder Zachary Schroeder

Zachary Schroeder is a counsel in Crowell & Moring’s Washington, D.C. office, where he practices in the Government Contracts Group.

Zach represents contractors in both litigation and counseling matters. His practice focuses on representing contractors in bid protests before the Government Accountability Office…

Zachary Schroeder is a counsel in Crowell & Moring’s Washington, D.C. office, where he practices in the Government Contracts Group.

Zach represents contractors in both litigation and counseling matters. His practice focuses on representing contractors in bid protests before the Government Accountability Office (GAO), the U.S. Court of Federal Claims, and the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition. His practice also includes federal regulatory and ethics compliance, as well as various aspects of state and local procurement law, including representing contractors in size protests and affiliation matters. In the transactional context, Zach has performed government contracts diligence for government contractors in a range of industries.

While in law school, Zach served as a judicial intern for Judge Mary Ellen Coster Williams at the U.S. Court of Federal Claims. He also served as the chair of the 2017 Government Contracts Moot Court Competition and as an editorial staff member of the American Intellectual Property Law Association (AIPLA) Quarterly Journal.

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  • Posted in:
    Administrative, Corporate Compliance
  • Blog:
    Government Contracts Legal Forum
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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