Tag Archives: joint venture

Govology Webinar: Compliant and Effective Teaming Agreements, Joint Ventures & Subcontracts – 3-Part Series (2023 Update) July 11-13, 2023, 1:00pm EDT

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For large and small contractors alike, teaming agreements, joint venture agreements, and subcontracts can be essential to winning and successfully performing federal government contracts. In this three-part series, government contracts attorneys Nicole Pottroff and John Holtz 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. Hope you will join us! Register here.

OHA: Ill-Defined Joint Venture Agreement and State Law Requirements Means JV was Invalid

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As readers of SmallGovCon know, SBA interprets its small business joint venture rules very strictly. A small business joint venture must follow all of SBA’s requirements down to the letter, or risk being found noncompliant. In a recent case, SBA’s Office of Hearings and Appeals (OHA) examined how a joint venture was managed under the state law of Michigan and found that the joint venture was noncompliant with small business rules.

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Open to Interpretation? Don’t Guess if Your Joint Venture Agreement Plays by the Rules

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A recent SBA decision showcased the strict manner in which SBA interprets its joint venture agreement rules. After an agency awarded a contract to a joint venture entity, SBA determined the joint venture was ineligible due to fairly small deficiencies in a joint venture agreement. It’s a situation that no federal contractor wants to encounter. SBA requires strict adherence to the requirements that must be contained in nearly all joint venture agreements. Unfortunately, one company learned this lesson the hard way.

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