Preserving SBA Eligibility in Alliances With Government Contractors: Structuring Subcontracts and JVs
Maximizing Business Opportunities While Avoiding Affiliation and Loss of Small Business Status
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide practical guidance to counsel representing small businesses competing for federal government contracts and subcontracts on how to structure strategic and compliant subcontracts and joint ventures while preserving small business status.
Outline
- Understanding the affiliation spider-web
- Financing and equity interests—how much is too much?
- Negative control is still control
- Spin-offs, friends and family
- Allocation of work share
- When and how are joint ventures permissible?
- Common pitfalls in proposals and agreements
Benefits
The panel will review these and other key issues:
- What are the key risks for small businesses entering contracts or subcontracts with other businesses?
- When and how will the SBA consider companies or individuals “affiliated” for size purposes?
- How can counsel structure a proposed business relationship that maximizes synergies, but avoids affiliation and loss of small business status?
Faculty
John E. McCarthy, Jr.
Partner
Crowell & Moring
Mr. McCarthy has spent more than twenty years litigating all forms of government contracts cases for both large and... | Read More
Mr. McCarthy has spent more than twenty years litigating all forms of government contracts cases for both large and small government contractors, with a particular emphasis on bid protests. He has particular experience in technology related issues, including litigation regarding complex technology and data rights, patent and other intellectual property issues.
CloseAmy Laderberg O'Sullivan
Partner
Crowell & Moring
Ms. O'Sullivan's practice involves a mix of litigation and counseling for corporate clients as government... | Read More
Ms. O'Sullivan's practice involves a mix of litigation and counseling for corporate clients as government contractors. On the litigation side, she represents corporate clients in bid protests. She regularly works with the unique issues confronting small business, including navigating the SBA's regulations in such areas as affiliation; limitations on subcontracting; the mentor-protégé program; the SBIR program; and small business, 8(a), ANC, and SDVO SBC status issues.
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