Joint Ventures: Is “Unequivocal Control” Required?

Fans of the blog know that we’re wild about joint ventures: they allow small business contractors to use their size status while, at the same time, leveraging their joint venture partner’s experience and capabilities.

But joint ventures—particularly joint ventures under one of the SBA’s socioeconomic programs—can be tricky to create. For joint ventures between a small and a large company, the venturers first need an approved mentor-protégé agreement. And regardless, for the joint venture to qualify under a socioeconomic designation, that joint venture must have a compliant agreement.

But that’s still not enough to create a compliant joint venture. As a recent SBA Office of Hearings and Appeals decision explains, the small business venturer must unequivocally control the joint venture.

Continue reading

YouTube Tuesday: SBA and VA SDVOSB Programs- Consolidated or Still Separate?

With July 4th around the corner, we wanted to remind everyone of the government contracting opportunities available to our nation’s veterans, including the SDVOSB Program. In this video, I cover how the SDVOSB Program has changed over time and how it works now:

If you are a veteran in need of assistance with government contracting matters, check out how we can help here.

Clean-Up on Aisle “FAR”: Joint Venture and Subcontracting Plan Rules Get Modernized

Joint ventures and small business subcontracting are two issues near and dear to the hearts of many small business federal contractors. Well, the Federal Acquisition Regulation will soon be updated with respect to both of these topics. The new rules will align with SBA’s rules and remove any inconsistencies. Let’s dive in!

Continue reading

GAO: VA’s Market Research Improperly Compared Apples to Oranges, Violated Rule of Two

Under the VA’s Rule of Two, the VA is required to set aside solicitations for veteran-owned businesses if there is a reasonable expectation of receiving offers from two or more such businesses capable of performing the required work at a fair and reasonable price. But how reasonable does the VA’s expectation have to be in a given procurement? GAO recently reviewed the reasonableness of VA’s efforts and found them lacking.

Continue reading

DoD SDVOSB Contracts: OIG Reports Major Problems

The Department of Defense Office of Inspector General (OIG) recently released an audit report about Service-Disabled Veteran-Owned Small Business Contract Awards at DoD . The report noted major concerns with how DoD is confirming eligibility for SDVOSB contract awards as well as monitoring subcontracting limitations. These concerns could lead to increased monitoring and enforcement, so SDVOSB contractors should be keen to see what the report unearthed.

Continue reading

SmallGovCon Year in Review: The Top Ten

As we reflect on the end of 2019 and look forward to what 2020 will bring, it’s interesting to see what was noteworthy to our readers in 2019. To that end, I’ve compiled a list of some of our most popular posts from 2019. 2020 will certainly bring many more changes in the federal contracting world and SmallGovCon will be here to provide insight on all of them.

Continue reading

OHA Denies Protest: Veteran Didn’t Need to List Disability on Social Media

The SBA Office of Hearings and Appeals denied an SDVOSB-status protest recently where the protester’s main argument amounted to an allegation that the owner of a competitor failed to identify on social media that he had a service-related disability.

OHA called the allegation “completely without merit.”

Continue reading