If you are a small contractor who is vying for government contracts, the ability to work along with other businesses can often be an important element. In particular, the ability to work with other companies can play a major role in your business’s success as you compete for and fulfill contracts with the federal government. Federal government contracts joint venture agreements along with teaming agreements are able to improve your small business’s ability to compete; however, they only provide this benefit if they are handled correctly. If you fail to handle them correctly, you could find yourself losing out to your competition. For instance, could end up losing your contract via a successful Small Business Administration (SBA) size protest or something worse.
Our firm can help you if you are considering entering into a government contracts joint venture agreement. We can also help you if you are thinking about going into a SBA 8(a) joint venture agreement. In addition, our firm can provide assistance if you are thinking about creating a teaming agreement.
Legal Services for Government Contracts Joint Venture Agreements
Are you contemplating entering into a joint venture agreement for government contracting? If you are, the first thing that you should think about is whether your small business is eligible for such a joint venture agreement or not. Consider the fact that a small business cannot be in a joint venture with a large company for small business set-aside contracts; however, there are exceptions made in special cases. Our firm can provide you with legal assistance if you are trying to determine whether entering into a joint venture is a viable option for you and your prospective joint venture partner.
Once you have figured out that your small business is in fact eligible, you should sign a joint venture agreement for government contracting along with your partner. This agreement is of particular importance if you are seeking an 8(a) contract. It is also important if you are bidding on a contract for a small business owned by a military veteran who has become disabled in the line of duty. Another situation in which it is particularly important is if you are seeking a contract for a small business that is owned by a woman. It is especially important for the above types of contracts because these programs call for joint venture agreements that contain certain essential provisions.
The regulations have certain minimum requirements that must be fulfilled when preparing joint venture agreements for government contracting. The attorneys at our firm work to far exceed those bare minimums. We at our firm understand that your joint venture agreement is what determines the nature of your relationship with your joint venture partner. Attorneys from our firm will make sure that your joint venture agreement covers various factors such as the treatment of confidential information. In addition to that, they will ensure that it deals with the various requirements of the SBA’s joint venture regulations. Furthermore, attorneys from our firm will also ensure that the joint venture agreement covers the resolution of disputes along with other factors that are essential for a successful relationship.
Legal Services for an 8(a) Joint Venture Agreement
Participants in the 8(a) Program often opt for partnering in a joint venture. They do this because the program allows an 8(a) company and its mentor to joint venture on 8(a) contracts. In addition, it allows them to joint venture together on contracts that have been set aside for small businesses and for which the 8(a) company is qualified. This can be done even when the partner is a large business. However, it is important to note that these joint venture agreements are more complex than the typical government contract or joint venture agreement. Not only are the joint venture partners required to adhere to the SBA’s complex 8(a) regulations for joint ventures, they are also required to provide a significant amount of supporting information to the SBA. Along with that supporting information, the joint venture partners are required to get pre-approval from the SBA for the joint venture.
Our firm is able to provide you with assistance if you need an attorney’s help with your 8(a) joint venture agreement. Our firm can help you with the preparation and submission of a compliant 8(a) joint venture agreement. In addition to this, our attorneys are also able to help you with the considerable amount of additional information that is required by the SBA.
Your small business has the option of subcontracting a portion of their set-aside contract to another company. Your business is allowed to do this even if the company to which you are subcontracting is a large business. However, your subcontracting team must be in compliance with the Federal Acquisition Regulation (FAR) for this arrangement to be permitted. The FAR places limits on subcontracting. The FAR’s limitations are what dictate the amount of work that you are allowed to subcontract. Additionally, your teaming arrangement must not be in violation of the SBA’s ostensible subcontractor affiliation rule. Should you violate this rule, your small business and your subcontractor will be considered affiliates. If you and your subcontractor are deemed affiliates, you may wind up forfeiting the contract because of a successful size protest.
Professional Legal Assistance is Available
The government contract attorneys at Ravenhearth Law have extensive experience in both government contracts counseling and government contracts litigation. If you are deciding on forming any type of agreement, or have a separate issue – contact our firm for professional assistance.
Free Consultations Are Provided
Ravenhearth Law provides free initial consultations so that you can understand your situation and your best options moving forward. If you have a questions or would like to discuss your case, call our office or send our government contract attorneys an online message to set-up your free consultation today.