SBA Joint Venture Agreement & Small Business Lawyers Helping Federal Contractors Nationwide 1(866)-601-5518.
Small businesses contemplating entering into a formal SBA joint venture agreement (JV agreements ) should be aware of the pitfalls and complex SBA regulations when figuring how to draft a joint venture agreement. Even with the SBA’s new rules that relax the potential for violation of the affiliation rules, failure to follow the statutory requirements for a joint venture can lead to costly legal mistakes. Our goal is to apply the legal requirements and help clients to align their day-to-day business operations and minimize the chance of losing government contracts in a bid protest.
- Prompt responses
- Aggressive litigation and defense
- Legal rates at a fraction of what large law firms charge
- Free initial consultation.
Nationwide Help: With law offices in Washington, DC. and Colorado, the federal joint venture consultants and government contract lawyers at Watson & Associates, LLC frequently provide drafting and review services to small businesses and potential JV partners. Our goal is to make sure that participants not only meet the new statutory requirements but also to understand their respective roles in the joint venture relationship.
SBA Joint Venture Agreement Consulting Services
Help at the bid preparation phase. Clients utilize our expertise at the beginning of the bidding process to assess the details of the joint venture relationship and provide guidance on how to draft a joint venture agreement.
With over 30 years experience in federal procurement, Watson’s joint venture attorneys and consultants help to:
- Assess the risks of entering into JV agreements;
- Analyze the new rules to substantive adjustments to the company structure;
- Interpret SBA joint venture regulations and provide sound legal direction;
- Providing legal advice about SBA joint venture agreement with 8a companies;
- Help with joint venture agreement format for construction;
- Litigate JV disputes and allegations of affiliation; and
- Appeal adverse SBA decisions.
Highlights of New SBA Rules
The new rule allows a joint venture to qualify as a small business for any government procurement as long as each partner to the joint venture qualifies individually as small under the size standard corresponding to the NAICS code assigned in the solicitation.
SBA proposed that joint ventures that represent themselves as an SDVO SBC joint venture must comply with the applicable limitations on subcontracting, as set forth in 13 CFR 125.6.
The new rule clarifies that an SBA small business joint venture of two or more business concerns may submit an offer as a small business for a Federal procurement, subcontract or sale so long as each concern is small under the size standard corresponding to the NAICS code assigned to the contract.
SBA removed the restriction on the type of contract for which small businesses may joint venture without being affiliated for size determination purposes. Also, there is no more populated joint venture allowance.
Firms owned or controlled by married couples, parties to a civil union, parents, children, and siblings are presumed to be affiliated with each other if they conduct business with each other, such as subcontracts or joint ventures or share or provide loans, resources, equipment, locations or employees with one another.
Limitations on subcontracting. For any SDVO contract, given the various types of joint venture arrangements, each company must comply with the applicable limitations on subcontracting required by 13 CFR 125.6.
Size of concerns. A joint venture of at least one WOSB or EDWOSB and one or more other business concerns may submit an offer as a small business for a competitive WOSB or EDWOSB procurement so long as each concern is small under the size standard corresponding to the NAICS code assigned to the procurement.
The WOSB or EDWOSB joint venture must comply with the limitations on subcontracting, as required by 13 CFR 125.6.
Despite New SBA Rules, Companies Can Still be Subject to Affiliation: When bidding on, or after receipt of a government contract award, the last thing a company needs is to defend against an affiliation or Ostensible Subcontractor Rule bid protest challenge. We help our clients to:
- Avoid pitfalls of forming a joint venture relationship
- Understand how the new SBA regulations can impact joint venture contracts
- Reassess their current SBA joint venture agreement format for construction
- Learn more about similarly situated small businesses and new rule.
Since the SBA has proposed new small business joint venture rules and regulations, contractors should be particularly aware of the regulation changes. Each joint venture attorney at the firm focuses on resolving JV agreements disputes for small businesses and providing appellate legal support throughout the United States.
What is a Joint Venture Agreement –SBA Definition of Joint venture 13 CFR 124. 513?
Meet SBA Guidelines: Under SBA 8(a) regulations, and 13 CFR 124. 513 joint venture definition an approved 8(a) Program participant can enter into a Joint Venture agreement with one or more small businesses. Although in the commercial section companies may be familiar with what is a joint venture agreement, when summarizing what is a joint venture agreement for purposes of federal government contracting, the rules are somewhat different. For example, under the SBA definition of joint venture, if the managing small business brings very little to the table, the SBA may not approve the JV agreement.
- Even if you are a non-8(a) company, you still must follow SBA joint venture contract requirements in 13 CFR 124.513 (c).
- Court decisions find that contractors still violate SBA regulations.
Watson’s SBA joint venture lawyers represent federal contractors in all states regarding compliance and litigation matters. We intervene for federal small businesses and large DoD contractors in Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, Washington, DC, West Virginia, Wisconsin, and Wyoming.
Cities in which our CO and Washington DC government contract joint venture agreement lawyers and consultants include Anchorage, AK; Atlanta, GA; Austin, TX; Chicago, IL; Colorado Springs, CO; Dallas, TX; Denver, Colorado; Indianapolis, IN; Las Vegas, NV; Los Angeles, CA; Miami, FL; Philadelphia, PA; San Antonio, TX; San Diego, CA; San Francisco, CA; San Jose, CA; Santa Clara, CA; and Tampa, FL.
Call Our Federal SBA Small Business Joint Venture Program Lawyers
If you are a small business needing help with how to draft SBA joint venture agreements to meet 13 CFR 124 and federal contract teaming agreement laws, call a government procurement lawyer and SBA small business joint venture attorney at 1-866-601-5518 for a free initial consultation.