The Small Business Administration (SBA) and the Information Security Oversight Office (ISSO) released a Joint Notice aiming to clarify the operation of Facility Security Clearances (FCLs), also known as Entity Eligibility Determinations (EEDs), for joint ventures.
This notion of FCLs is no stranger to discussion, as in recent years, SBA regulations have underlined that procuring agencies should not mandate joint ventures to hold an FCL as a prerequisite for awarding a small business set-aside contract.
The Joint Notice, therefore, seeks to bring definitive guidance to this crucial issue affecting smaller business engagements, anticipated to impact numerous procurement policies and practices, making it an essential update for legal professionals working with corporate firm partnerships and small business policy matters.
In essence, by providing clarity on such complex procedures, the Joint Notice undoubtedly facilitates a more accessible approach for small ventures to enter the realm of contracts involving sensitive information management.
This important legal update was authored by the established law firm, Morrison & Foerster LLP.