(2) every joint venture agreement to perform a contract set aside or reserved for small business between a protégé small business and its sba-approved mentor authorized by § 125.9 or § 124.520 of this chapter must contain a provision: (ii) designating a small business as the managing venturer of the joint venture, and designating a named employee of the small business managing venturer as the manager with ultimate responsibility for performance of the contract (the “responsible manager”).
prior to the performance of any contract set aside or reserved for small business by a joint venture between a protégé small business and a mentor authorized by § 125.9, the small business partner to the joint venture must submit a written certification to the contracting officer and sba, signed by an authorized official of each partner to the joint venture, stating as follows: (2) the parties will perform the contract in compliance with the joint venture agreement and with the performance of work requirements set forth in paragraph (c) of this section. in connection with any contract set aside or reserved for small business that is awarded to a joint venture between a protégé small business and a mentor authorized by § 125.9, the small business partner must describe how it is meeting or has met the applicable performance of work requirements for each contract set aside or reserved for small business that it performs as a joint venture.
but, as of the date of this post, the sba’s template joint venture agreement is outdated–and it also has some other quirks and potential problems you should know about. if you’re planning to use the sba’s joint venture template, read this first. ), you’ll recall that i have recently written about substantive changes the sba made to the joint venture regulations in november 2020. for mentor-protégé joint ventures attempting to comply with the regulations under 13 c.f.r. the november 2020 regulations also made some other changes, not only to the small business joint venture regulations under 13 c.f.r.
125.8, but the separate joint venture regulations for the for 8(a), sdvosb/vosb, hubzone and edwosb/wosb programs. beyond the potential problems posed by the november 2020 rules, the sba’s joint venture template doesn’t specify when a particular item is required by the regulation and when it is not. here are a few that caught my eye: i think it’s great that the sba has provided the public with a starting point for a joint venture agreement. no matter what your starting point–even an sba template–there is absolutely no substitute for carefully crosswalking your joint venture agreement against the appropriate, current, sba regulation. looking for the latest government contracting legal news?
sba no longer approves joint venture agreements formed to pursue competitive 8(a) contracts. this includes joint venture agreements formed under the sba mpp to you and your mentor can form a joint. venture and compete for government contracts reserved for small businesses, even those contracts set aside for service a mentor and its protégé can joint venture as a small business for any small business contract, provided the protégé individually qualifies as small., sba joint venture agreement template, sba joint venture agreement template, sba joint venture regulations, sba joint venture list, sba mentor-protégé joint venture agreement template.
(2) every joint venture agreement to perform a contract set aside or reserved for small business between a protégé small business and its sba-approved ownership split. the sba’s joint venture template includes a 51%/49% ownership split in favor of the managing venturer. and, in my experience, joint ventures operating under the sba’s all small mentor-protege program may need to adjust their joint venture agreements because of a, sba unpopulated joint venture, government joint venture examples, joint ventures in government contracting, 8a joint venture, far joint venture, mentor-protégé joint venture rules, mentor-protégé vs joint venture, hubzone joint venture, how to register joint venture agreement, how many contracts can a joint venture have.
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