As many contractors have known for quite some time, the U.S. Small Business Administration (“SBA”) regulations provide detailed requirements for joint venture agreements, and failure to meet any of the regulatory requirements can disqualify a joint venture entirely. As for the practical ramifications for this failure, if a joint venture with a deficient joint venture...
On October 26, 2022, John M. Tenaglia, Principal Director, Defense Pricing and Contracting, issued Class Deviation 2023-O0001 to direct contracting officers to use alternate procedures to verify small business joint venture offeror eligibility instead of using the System for Award Management (“SAM”). The Class Deviation takes effect on October 28, 2022 and remains in effect...
In August, the Government Accountability Office (“GAO”) provided a boost for small business joint ventures (“JV”) that are pursuing defense contracts in holding that the plain language of the 2020 National Defense Authorization Act (“NDAA”) prohibits the Department of Defense (“DoD”) “from issuing solicitations that require a joint venture, rather than the members of the...