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By law, the Small Business Administration (SBA) is supposed to review, analyze and update the size standards periodically for each sector. A sector represents all companies with the same first two digits in the NAICS codes, e.g., Sector 54 –Professional, Scientific and Technical Services, which is probably one of the ones that the federal government uses the most.

H.R. 3987, Small Business Protection Act of 2012 was proposed to protect small businesses from being thrust into competition with giants as a result of any new size standards imposed by SBA. After all, that’s the purpose of the small business program – it was designed to shelter small businesses and let them get started, before they actually have to go out into the great big wide world and compete with everybody else.

As the SBA has been updating the size standards, most of the revenue-based or receipt-based size standards have usually doubled. In the case of engineering firms, for example, all of the old $7 million standards went up to $14 million. That means that in order to stay classified as a small business, those companies cannot earn more than $14 million in revenue, on average, over three years.

IT businesses, however, only increased from $25 to $25.5 million. The SBA did in-depth analysis and concluded that IT companies were plentiful enough that they didn’t need much of an increase in their size standards.

This provides a good example of why small businesses need protection when new size standards are proposed. You see, one of the unintended consequences of these new size structures is with businesses who have now outgrown their small business classification in one industry – they’ve become too big to be small but too small to be big.

What some of them decide to do is simply shift the focus of their business activities to another industry. And because IT only had a relatively small increase, it was a very appealing area to choose. By doing this, in essence they are allowed to compete with small businesses, even though they now have the resources of a larger company.

Let’s say a company has built up a successful business doing management consulting – so much so that their earnings have forced them to graduate from the small business size standard set by the SBA. So they decide to hone in on IT consulting, where their revenues still allow them to be sheltered as a small business.

There was a tremendous amount of backlash when the SBA put this out as a draft, but they obviously didn’t change it. So as these new size standards are scheduled to come into effect next week on October 24th, 2012, the IT consultation industry is seeing an influx of larger, more robust companies who were too big to be small as management consultants, now hanging their shingles as IT consultants. Is that a fair competition, what do you think?

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The All-Small Mentor-Protégé Program

SBA had a well-established mentor-protégé program (MPP) for SBA 8(a) certified firms but lacked an MPP program for other small business concerns and specifically, one for specialized certified concerns such as WOSB, EDWOSB, SDVOSB, & HubZone. The 2010 Jobs Act and 2013 NDAA gave SBA the authorization to address this by establishing an all-encompassing mentor-protégé program. Ms. Sandi Clifford, deputy director of the All Small Mentor-Protégé Program (ASMPP), visited the Mid-Tier Advocacy (MTA) earlier this year to discuss the program. Here are some of the highlights of this candid and informative discussion: As Ms. Clifford explained, mentor services to protégés include: • Management and technical assistance (internal business management systems) • Financial assistance (in the form of equity investments and/or loans) • Contracting assistance (contracting processes, capabilities acquisitions and performance) • International trade education (learn how to export, international trade business plan, finding markets) • Business development assistance (strategy, finding contracting and partnership opportunities) • General and/or administrative assistance (business processes and support) As administrators of the program, SBA provides: • Central HQ as opposed to 8(a) distributive model • Online application – certify.sba.gov • Online course tutorial requirement • Annual review and evaluation • Template agreements, i.e., MPA (Mentor-Protégé Agreement) Other All-Small Mentor-Protégé Program (ASMPP) details: • A protégé may generally only have one mentor at a time; SBA may approve a second (two is the maximum) where no competition exists, or if the protégé registers under a new NAICS or otherwise requires new mentor skills.  • Both protégé and mentor must be for-profit (with exception of protégé being an agriculture cooperative). • A mentor may have no more than three protégés at same time (no lifetime limit). • A participant can be both a protégé and mentor at the same time, if there is no competition or conflict. • The ASMPP is self-certifying and is open to businesses who qualify as small in their primary NAICS code, or who are seeking business development assistance in a secondary NAICs where they also qualify as small.  • SBA will not authorize MPAs in second NAICS in which firm has never performed any work; or where firm would only bring “small” status to Mentor and nothing else. • Existing 8(a) firms in last 6 months of the 8(a) program may transfer their MPA to the ASMPP via the online application process. Coordinate with 8(a) office to fine tune the process but there is no reapplication required. • Application requirements include upload of business plan, but no financial statements or tax returns. • JV agreements: ASMPP will not review and approve joint venture agreements. How to apply for the ASMPP: • Applicants are required to register in the System for Award Management (SAM) prior to submitting their mentor/protégé application. • Complete your business profile in certify.SBA.gov. • Evaluate and select your mentor prior to applying. This is not a matching program. SBA will not find a mentor for you. • Begin the ASMPP application process. • Protégés and mentors must complete the online tutorial and have their certificate of completion and all other required documents ready for upload Thank you to Sandi Clifford, Deputy Director, All Small Mentor-Protégé Program, for this helpful overview. TAPE has mentored several small businesses over it’s life as a large business (we’re large in some NAICS codes, though still small in others) and it has been gratifying, satisfying, and integral to our success. As protégés ourselves, we have benefitted from working with some really classy large businesses, and have also had the experience of being a protégé and really getting no tangible benefits. We are currently working with two small businesses, and negotiating ASMPP agreements. You can learn more about the ASMPP on the SBA site. To join MTA and attend future events like this one, please visit www.midtier.org.
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