Avoid Costly Mistakes With SBA Small Business Joint Venture Agreements (JV) – If You Don’t Follow The Rules, You Will Be Deemed Affiliated and Lose the Contract. If there is a breach, who is responsible to the federal government?
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- Be proactive for upcoming government bids and protect yourself.
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When forming a small business partnership arrangement, government contractors often find out that there is more to a JV agreement relationship than just getting a JV template from online. 2017 court cases and SBA involvement show that small businesses are still at risk
- Although you may have a sound JV contract you can still be subject to procurement fraud and SBA affiliation.
- Do you know how to draft an agreement that follows SBA New JV regulations?
- See information about unpopulated and populated joint venture and how to avoid costly mistakes
The SBA has provided new rules where large and small businesses must be well aware of their JV Agreement compliance obligations and the risk of forfeiting contracts for non-compliance with the rules.
As a federal SBA small business joint venture law firm, Watson & Associates, LLC offers experienced government contract attorneys to help with joint ventures and strategic alliances. We understand the nuances and pitfalls that companies fall prey to when entering into a business venture. Our joint venture consultants and attorneys engage with clients early in the bidding stage all the way through contract performance to make sure that the parties comply with the regulations.
Federal Small Business Joint Venture Law Firm Services
Nationwide Help: With law offices in Washington, DC. and Colorado, the small business joint venture law firm and government contracts attorneys at Watson & Associates, LLC frequently provide drafting and review services for your JV agreements between two companies to clients throughout the United States.
As federal government small business attorneys and joint venture consultants, we help to:
- Draft initial contracts and contractor agreements tailored for your specific business;
- Compliance with SBA JV definition and applicable rules;
- Breach of Joint Venture Agreement and Legal Counsel
- Business venture partnership agreements that focus on avoiding affiliation;
- Assess the risks of entering into business partnership agreements;
- Analyze the new rules for substantive adjustments to the business entity structure;
- Interpret SBA regulations and provide sound legal direction to participating companies;
- Construction JV agreements
- Assess the JV agreement structure for unpopulated joint venture relationships
- Draft and review your memorandum of understanding
- Due diligence and JV accounting matters
- Litigate JV agreement disputes and allegations of joint venture affiliation; and
- Government Contracts Procedure and Appeal of adverse SBA decisions.
To speak with our SBA joint venture law firm about how to draft a JV agreement that meets federal regulations, call Watson & Associates, LLC at 1-866-601-5518 for a Free Initial Consultation.
Does Your Small Business Meet the SBA Definition?
When companies enter into a business partnership agreement with another company for a federal project, there is more than copying and pasting a JV Agreement template from online. Without meeting the legal small business joint venture definition, your company can run the risk of losing the awarded contract if your competition successfully challenges the contract in a small business size protest.
- Knowing how to draft qualified JV Agreements also means understanding the SBA rules and regulations.
Highlights of New SBA Rules When it Comes to Federal J
The new SBA Small Business rules allow small businesses to qualify for any government procurement as long as each partner to the joint venture contract qualifies individually as small under the size standard corresponding to the NAICS code assigned in the solicitation. This is important when understanding how to draft a joint venture agreement between two companies.
Unpopulated Joint Venture Contract or Populated Companies?
Many small businesses are making costly mistakes when applying the SBA rules for populated and unpopulated joint ventures. There is a preference for one but if the regulations are read carefully, you can still have some populations. These are areas where our small business lawyers can help.
Breach of Joint Venture Agreement and Limitations on Subcontracting
For any SDVO contract, and to enjoy the advantages of a small business subcontracting agreement business relationship with large business firms, each company must comply with the applicable limitations on subcontracting required by 13 CFR 125.6. When there is a breach of joint venture agreement involving a federal government contract, you may want to get your attorneys involved as soon as possible.
Unfortunately, breach of contract allegations sometimes introduces dangerous facts that can also lead to suspension and debarment or criminal liability. Part of the legal analysis is to figure out who is the breaching party and if the pros and cons of the breach warrant moving to the next step. This is where Watson’s attorneys can help.
- Special attention should be placed on JV agreement construction contracts or other types of contractor agreements.
- Being a JV entity does not allow you to automatically avoid the limitations on subcontracting rules.
- Get help with breach of joint venture agreement disputes
Despite New SBA JV agreement rules, companies can still subject to SBA affiliation
When bidding on, or after receipt of a government contracts award, the last thing your company needs is to defend against an SBA affiliation or Ostensible Subcontractor Rule bid protest challenge. The SBA usually oversees the JV relationships for awards in the 8a Program. However, when companies enter into JV relationships outside the 8a Program, then they still have to meet the statutory requirements of 13 CFR 124.513. As government contracting lawyers, we help our clients to:
- Avoid pitfalls of forming a with the wrong JV agreement models
- Understand how the new SBA regulations can impact the business partnership
- Reassess their current SBA construction JV agreements
- Learn more about similarly situated small businesses and new rule.
Call Our SBA Small Business Joint Venture Law Firm
If you are a qualified JVseeking to avoid liability, need helping building strategic alliances to acquire and perform government contracts, resolve, breach of joint venture agreement disputes, help with how to draft a JV agreement, contribution to the joint venture or federal government contracts teaming agreements, call a government procurement lawyer and SBA JV law firm at 1-866-601-5518 for a free initial consultation.