Avoid Costly Mistakes Under the New Joint Venture Rule The new SBA joint venture agreement regulations primarily focus on broadening the exclusion from affiliation for small business size status. See 13 CFR 121.103(h). Specifically, the new rule allows two or more small businesses to joint venture for any procurement without being… Read more »

Many small businesses will be faced with dissecting the most recent SBA Rule governing the Limitation on Subcontracting Rule. Predictably,  much litigation will be based upon whether a small business is similarly situated or not. This will be a new issue that many small businesses across the country should investigate… Read more »

Effective June 30, 2016, the Small Business Administration (SBA) changed some of the key points in the limitation on subcontracting clauses for small business set-aside contracts.  Instead of the old “50 percent rule” the calculation for a subcontractor plan would be based on a percentage cap on the total prime… Read more »

The legal definition of a joint venture JV for purposes of a federal government contract is an arrangement where two or more companies enter into a JV relationship for the sole purpose of bidding on and performing a government contract. Under the federal joint venture definition, the venture constitutes a… Read more »

Avoid Costly Mistakes When Submitting 8(a) Joint Venture Past Performance  GAO protests continue to surface because of improper past performance evaluation of proposals. In a recent case, GAO sustained a protest because NASA considered the awardee’s past performance.  There was no record of actual performance. The problem was that the solicitation stated that NASA would not… Read more »

Qualifying under the Code of Federal Regulations 13 CFR 125.18 as an SDVOSB Joint Venture  agreement means that you must first qualify as an SDVOSB. Although this seems obvious, there are cases where small businesses submitted government bids with  SDVOSB Joint Venture agreements and lost when challenged by the competition in a… Read more »

 To better understand what is a mentor under the SBA SBA Mentor Protege Program, it might be useful to understand the underlying reason for the program. The purpose of the SBA’s Mentor Protege Progam is for the Mentor to enhance and improve the protégé’s capabilities. Under 13 CFR 124.520, a mentor… Read more »

8a Sole source contracts are awarded when there is evidence that there is but a sole supplier that is capable of providing the products or purchases sought by the government. Under the SBA 8(a) Business Development Program, small businesses can also get single source contracts by statute. The government contracting agreement… Read more »

Applying contractor teaming arrangements  best practices can create a great tool to “get your foot in the door” in Federal government contracting.  As best practices for small business success in government contracting, they are vital when bidding for substantially large contracts, such as federal government agency projects.  However, federal contractors should… Read more »

Small businesses considering submitting a joint venture  proposal for federal government contracts must be aware of certain legal landmines when bidding. The most important aspect of using a JV business relationship is to avoid affiliation while making sure that the joint venture agreement meets statutory requirements. Small businesses that are… Read more »