Watson & Associates, LLC government contract attorneys help clients with the various nuances and legal pitfalls that arise with joint venture agreements. When the competition challenges your business relationships under SBA rules, we bring decades of experience litigating the complex issues involved when small businesses enter into a joint venture. When the SBA or federal law enforcement agency’s (IG or DOJ) question your business relationships, our procurement professionals can bring meaningful insight to your case.
Many of our joint venture attorneys are former government contract agency personnel and understand the relevant regulations.
When drafting a JV agreement, it must be specific to the contract award and the parties’ capabilities. When there is a Mentor Protégé relationship involved, the JV contract is specifically important. This is where our joint venture lawyers and federal contract attorneys can help.
Avoiding Costly Mistakes in JV Contract Relationships
With decades of experience in government contracts and federal small business rules, Watson & Associates’ lawyers have substantial legal experience to provide direction and sound legal counsel to small businesses involved with JV agreements.
Our involvement begins with examining potential business relationships at the initial stages and goes all the way to bid protests and other agency challenges. When the SBA or agency challenge the JC contract relationship, our small business lawyers immediately get to the source of the dispute and aggressively represent our client’s interest.
As federal contracting and joint venture attorneys, we understand that sometimes it takes experience and knowledge of more than one aspect of government contract law to resolve pending disputes before the agency or court.
Nationwide SBA Joint Venture Lawyer Services
As federal small business consultants and JV agreement lawyers, we help to:
- Draft a template JV agreement tailored for your specific business;
- Help with SBA application procedures
- Compliance with SBA JV definition and applicable JV rules and regulations;
- Breach of contract and Legal Counsel
- Draft a JV template that focuses on avoiding SBA affiliation;
- Assess the risks of JV relationships;
- Analyze the new rules for substantive adjustments to the business entity structure;
- Interpret SBA regulations and provide sound legal direction to participating companies;
- Help with SBA JV regulations
- SBA OHA Appeals involving teaming and JV relationships
- Terminations for default
- Assess the JV agreement structure for unpopulated relationships
- Government contract fraud with joint venture arrangements
- Draft and review your memorandum of understanding
- Due diligence and JV partnership agreement and accounting matters
- Litigate disputes and allegations of affiliation, violation of the Ostensible Subcontractor Rule; and
- Government Contracts Procedure and Appeal of adverse SBA decisions. See SBA Size Protests & Small Business Size Standard Appeals
Speak in Confidence With Watson & Associates, LLC Joint Venture Attorneys at 1-866-601-5518 for a Free Initial Consultation.
Help With Mentor-Protégé Program JV Agreements
Watson & Associates’s joint venture agreement lawyers also represent clients involved in a mentor protege relationship. Specifically, we help with compliance with the legal requirements of Title 13 of the Code of Federal Regulations. They include 13 CFR 124.513, 13 CFR 125.8, 13 CFR 125.9, 13 CFR 125.18, 126.616, and 13 CFR 127.506.
As JV contract attorneys, we help the venturing parties to comply with the guidance provided by the U.S. Small Business Administration (“SBA”). Small businesses seeking to draft JV Contract Agreements and bid on Federal Government contracts must understand the requirements for joint venture agreement. When the parties are found to have violated procurement laws, then they stand to be found affiliated and may forfeit the contract due to non-compliance with the NAICS Code size standards.
Government Contracts Litigation: Watson & Associates’ experience and reputation allow our joint venture attorneys to address the complex legal issues that involve SDVOSB joint ventures, SBA 8(a) JV relationships and HUBZone arrangements.
Mentors and proteges involved in government procurement investigations utilize our experience during litigation and appeals to the various courts including the Small Business Administration, SBA Office of Hearings and Appeals (SBA OHA), U.S. Court of Federal Claim and U.S. Court of Appeals for the Federal Circuit.
Bid Protests Involving Small Business Joint Venture Agreements
After contractors submit a bid for a federal government contract, the competition may challenge the business arrangements and compliance with the requite SBA regulations. Our government contract joint venture law firm at Watson & Associates provides legal counsel on relevant issues such as Limitations on subcontracting, Similarly situated small businesses, compliance with SBA JV agreement regulations and more.
Avoid adverse business control decisions: The regulations mandate that all joint venture agreements to provide for making sure that the qualifying small business is the Managing Venturer of the Joint Venture and an employee of the small business managing venturer as the project manager responsible for the performance of related government contract.
To avoid business control problems, the agreement must also provide for how management decisions will be made (i.e., who can vote, how actions will be taken, whether the powers to control and manage the joint venture can be delegated, how the managing Venturer’s presence is required to obtain a quorum, etc.). See SBA’s regulations (13 CFR 124.513(c)(2), 125.8(b)(2)(ii), 125.18(b)(2(ii), 126.616(c)(2), and 127.506(c)(2)
SDVOSB Joint Venture Agreements
When small businesses decide to engage in SDVOSB relationships, CEO’s must be extremely careful in forming the relationships and the contractual contents.
When it comes to meeting the government’s requirements for joint venture contracts, common legal issues arise when your SDVOSB Joint venture agreements do not have the requisite language. One clause that is critical is the fact that the entity must receive profits from the venturing which matches the required amount of work done by the SDVOSB. See also 13 CFR 125.18(b)(2)(iv).
Other important aspects of the joint venture arrangement between the SDVOSB and its joint venture partner include:
- A JV need not meet the eligibility requirements of 13 CFR 125.12 and 125.13 but must meet the specific terms and conditions governing joint ventures found at 13 CFR 125.18 (b)(2).
- The regulations do not require the VOSB/SDVOSB members of the joint venture to possess the critical licenses needed for a JV to perform a contract.
- The SBA regulations do not contain provisions for finding one company unusually reliant upon another.
If companies are going to submit bids for government contracts for SDVOSB procurements, the entity may want to consider sending to the Contracting Officer an amendment to the joint venture agreement contract to conform to the specific statutory requirements. See 13 CFR 125.18 (b)(2). What requirements must an SDVO SBC meet to submit an offer on a contract?
Call Our SBA Joint Venture Attorneys
If your company is seeking to avoid liability when involved in joint ventures and strategic alliances, need help with compliance with SBA JV agreements rules, or need legal advice building strategic alliances to acquire and perform government contracts, call a government procurement lawyer and SBA small business government contracts lawyers and joint venture consultants at Watson & Associates, LLC. Call 1-866-601-5518 for a free initial consultation.