For a member of a joint venture to file a GAO bid protest on behalf of the joint venture, the member must have the authority to do so. If a JV Member’s authority to act is in question, the GAO will dismiss the protest for lack of standing.
In a recent decision, the GAO dismissed a bid protest filed by a joint venture member because the other joint venture member disputed the protester’s right to act on the joint venture’s behalf.
An 8(a) program protege was deemed affiliated with its mentor–and ineligible for a small business set-aside contract–because the joint venture agreement between the mentor and protege failed to comply with certain mandatory 8(a) joint venture requirements.
In a recent decision, the SBA Office of Hearings and Appeals concluded that an 8(a) mentor-protege joint venture was not entitled to take advantage of the special exception from affiliation because of the flaws in its joint venture agreement. OHA’s decision is an important reminder to 8(a) mentors and proteges of the critical importance of strictly complying with the 8(a) joint venture regulation.
An 8(a) protege and its mentor were not affiliated with one another, despite forming eight joint ventures over a four-year period–and winning 15 contracts with those joint ventures.
In a recent size appeal case, the SBA Office of Hearings and Appeals upheld the decision of the SBA Area Office, which found that the mentor and protege were not affiliated despite their substantial history of joint venturing.
A procuring agency properly considered the past performance of a joint venture’s two partners, even though the solicitation prohibited the consideration of subcontractors’ past performance.
In a recent bid protest decision, the GAO held that where a solicitation only allowed past performance references for the “prime offeror,” the agency was permitted to consider the past performance of two joint venture partners–the entities comprising a “prime offeror.”
A joint venture may be awarded an 8(a) set-aside contract so long as the SBA approves the joint venture before award.
In a recent GAO bid protest decision, a procuring agency rejected a joint venture’s proposal for an 8(a) set-aside contract because the joint venture had not been approved by the SBA as of the date of proposal submission. The GAO–relying in part on input from the SBA–held that the rejection was improper.
I am back in Lawrence after a trip to the Lone Star State, where I spoke at the Fort Bliss Regional Contracting Industry Day. My presentation, “The Legal Benefits and Pitfalls of Teaming Arrangements” focused on the upsides and potential drawbacks of teaming and joint venturing on federal set-aside contracts.
A big “thank you” to Joe Conway and the team at the El Paso Community College Contract Opportunities Center for hosting this outstanding event. And of course, extra thanks to all the government employees, large businesses, and small business owners who attended.
If you weren’t able to make it to the Fort Bliss Regional Contracting Industry Day, you don’t have to be left out. Just contact me and I would be happy to provide you with a copy of the presentation.
I am back in the Midwest after a trip to sunny Southern California, where I spoke at the 10th Annual Veteran Economic & Business Development Summit in Riverside. My presentation, “Joint Ventures vs. Prime/Sub Teaming” covered the key legal distinctions between joint ventures and prime/sub teams, with a special focus on the SDVOSB joint venture rules.
A big “thank you” to Julie Padilla, Scott Rice, and the rest of the team from the Riverside Community College District Procurement Assistance Center, who put together an outstanding event. And of course, extra thanks to the veterans and small business owners who attended (and asked some great questions).
If you were not able to make it to last Friday’s event, you don’t have to be left out. Just contact me and I would be happy to provide you with a copy of my slides.