On May 9, 2025, the Small Business Administration (SBA) published a notice that it will be holding a tribal consultation on June 13, 2025, at 9:30 am in Anchorage, to receive comments on the following:

1. 1. How the 8(a) program is working, including suggestions on potential avenues for making the program more efficient or reducing the regulatory burden on participants in the program;
   2. Best practices for how entity-owned firms market their capabilities to procuring agencies; and
   3. How to ensure the mentor-protégé program is operating as intended.

The consultation will be held at the Z.J. Loussac Public Library.

The registration deadline is June 6, 2025. Send pre-registration requests to attend and/or testify to Diane Cullo, Assistant Administrator, Office of Native American Affairs, U.S. Small Business Administration, 409 3rd Street, SW., Washington, DC 20416; Diane.Cullo@sba.gov; or Facsimile to (202) 481-2177.

In the consultation notice, the SBA explained that it has the following:

found that certain practices may be negatively impacting entity-owned firms’ ability to receive awards. For example, contracting officers may consider entity-owned firms to be affiliated with each other when several appear on the same webpage or where multiple firms owned by the same entity have the exact same capabilities and contact points. SBA is seeking comments and input from firms that have encountered these or similar issues and how they have been able to successfully market their sophisticated capabilities while still making clear to procuring agencies that they are independent small businesses.

The SBA also stated that, in regard to the mentor-protégé program:

SBA is interested in receiving comments and input on whether protégé firms can truly direct and manage mentor firms when performing a joint venture mentor-protégé joint venture project. It has come to SBA’s attention that some mentors who have pre-existing relationships with certain procuring agencies do not include protégé firms in critical meetings with those agencies, despite the protégé being the project manager of the joint venture. SBA believes that this is contrary to the intent of the mentor-protégé program. Protégé firms should be the ones directing the actions of a mentor-protégé joint venture, not the mentor. SBA is concerned that this may also lead to instances of non-compliance with the limitations on subcontracting requirements. SBA seeks comments and guidance on this issue.

The SBA also stated that it wants the focus of the consultation to be on the 8(a) Program, and not on other small business programs, stating:

SBA requests that the comments focus on issues as they pertain to the 8(a) BD and mentor-protégé regulations, input related to what changes could be made to make these programs more attractive to procuring agencies and small businesses, or the unique concerns of the Tribal and Native communities. SBA requests that commenters do not raise issues pertaining to other SBA small business programs.

Written and oral testimony will be received.

This article summarizes aspects of the law. This article does not constitute legal advice. For legal advice regarding your situation, you should contact an attorney.