SBA has indicated that it will be holding a tribal consultation meeting in June. Among the topics to be discussed will be the 8(a) Program and SBA Mentor-Protege Program and joint ventures. This request is interesting because it reveals a little bit about what the SBA is thinking with regards to the Mentor-Protégé Program and joint venture issues. While it is especially relevant for entity-owned 8(a) Program firms, it is also revealing for other small businesses.
Continue readingTag Archives: joint venture agreements
No More HUBZone Price Preference for Most Mentor-Protege Joint Ventures
An advantage of being a HUBZone Program contractor is the aptly-named HUBZone price evaluation preference. The possibility of utilizing that price preference has been a great reason for contractors to form joint ventures with HUBZone businesses. However, contractors need to be aware that SBA has effectively eliminated the usage of price preference within certain joint ventures.
Continue readingSpell it Out for Me: OHA Finds Joint Venture Agreement Compliant When Reviewed with Operating Agreement
When an SBA approved mentor and protégé create a joint venture to pursue contracts set-aside for small businesses, SBA requires the mentor-protégé joint venture agreement to contain the requirements found in 13 C.F.R. § 125.8(b)(2). But how closely does the joint venture agreement have to match the language of these required provisions in order to be found complaint?
In DecisionPoint-Agile Defense JV, LLC, OHA considered whether the language in a joint venture’s operating agreement (OA) can be considered alongside the joint venture agreement (JVA) when determining if a JVA meets all the regulatory requirements.
Continue readingGovCon FAQs: How Should a Joint Venture Allocate Profits?
It is a fairly standard business practice to divide profits according to ownership ratio. And a joint venture made up of only small business venturers only pursuing small business set-asides can follow this business practice—or any business practice—to divide up its profits (limited only by any applicable state, local, or Tribal law). But SBA does have specific and strict requirements for allocating the profits of any joint venture (1) between a small business protégé and its SBA-approved large business mentor, and (2) that qualifies for and pursues socioeconomic set-asides (i.e., 8(a) Program, WOSB/EDWOSB, HUBZone, VOSB/SDVOSB) and includes non-similarly situated entities.
Continue readingGovCon FAQs: Do I need an SBA MPA for a JV?
We at SmallGovCon are excited to announce this first in a new line of blogs we call GovCon FAQs. Our firm handles a wide variety of federal procurement and contract matters, from bid protests, size protests, joint ventures, socio-economic certifications, to everything in between. Often, when talking to blog readers and contractors we hear the same sort of questions pop up. Of course, we can only provide direct legal advice to our clients. But many of these questions hit on issues that face contractors as a whole, or are items that are commonly misunderstood. So, we decided contractors needed an FAQ page for those common general questions. This blog will kick off that FAQ page for contractors. The first big frequently asked question:
Do I need an SBA Mentor-Protege Agreement to form a joint venture and perform on federal contracts as a joint venture?
Continue readingWebinar! Joint Venture and Teaming, July 9, 2024, 10:00-11:30am MDT
Please join John Holtz and me, for this informative webinar hosted by Texas El Paso APEX Accelerators as we discuss joint venture agreements and teaming. For large and small contractors alike, teaming agreements and joint venture agreements can be essential to winning and successfully performing federal government contracts. In this presentation, we will explain how to develop, negotiate and administer agreements that are both compliant and effective. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best practices for agreements that go beyond the bare minimum legal requirements. Register here.
Event: Meet the Buyers Fall 2023 Conference | October 17-19 | Scottsbluff, Nebraska
Please join attorney John Holtz, as he heads back to his home state of Nebraska, to the Meet the Buyers Conference. This is Nebraska’s premier government contracting conference where businesses can advance their contracting knowledge, connect with other business owners, and network directly with agency representatives and buyers. John will be doing two presentations: joint ventures, as well as size and affiliation issues.
Don’t miss the chance to meet directly with Federal, State, and Local government agency reps, government contracting industry people, and resource providers and please stop by the Koprince McCall Pottroff table and say hi to John. More information and registration here.