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I am hoping someone may be able to shed some light in regards to the SBA’s “Three-In-Two” rule for Joint Ventures? SBA’s current regulations provide that a joint venture can be awarded no more than three contracts over a two-year period. I understand that the SBA has proposed changes and is planning to keep the two-year lifespan for joint venture awards, however is planning to get rid of the three contract maximum. I don’t believe this has taken affect just yet? Could someone confirm as to whether or not delivery orders and task orders awarded under an IDIQ, BPA or MAC are considered contracts? I am fairly confident that I know the answer, however there is some confusion which leads to the understanding that a joint venture could be awarded three (3) IDIQs, BPAs or MACs, and that the individual task orders/delivery orders awarded under those would not be considered contracts? Thank you in advance for your time. -
Morning everyone- Quick question regarding Joint Ventures. Can one be formed and qualify as a "Indian economic enterprise" to quailify for a bid on a competitive RFP thats coming out under the buy indian act? I understand the rules of ownership etc on the JV but I am more seeing if/how the JV would have to be structured from a ownership standpoint to qualify for the Buy Indian set aside. (The majority owner of the JV is a 100% tribally owned entity) Reading the FAR and other regulations I note that the requirement for SUBCONTRACTED labor is 50% to a native business if awarded under the by indian act. Which in turn means you could only subcontract 24.5% to a non native business period. Seems like if you entered into a populated JV 51/49% ownership with a non native business you would be circumventing the rule? Thoughts?