Joint Venture

[bob7947]

I am posting this for a new member with the username of EJRVA. It was posted as a blog entry which I am about to delete since it was placed there by mistake.

Under the SBA's Joint Venture rules, JV's are limited to three contract wins in two years. Do the three contracts include task orders? For example, if the JV wins an IDIQ, does that count as one win? And is the JV only allowed to win two more task order awards under the same IDIQ? Thanks.

[Guest Vern Edwards]

If you are asking in the context of SBA's Government Contracting Programs, see 13 CFR 125.1 "What definitions are important to SBA's Government Contracting Programs?"

(d) Contract, unless otherwise noted, has the same definition as set forth in FAR 2.101 (48 U.S.C. 2.101) and includes orders issued against Multiple Award Contracts and orders competed under agreements where the execution of the order is the contract (e.g., a Blanket Purchase Agreement (BPA), a Basic Agreement (BA), or a Basic Ordering Agreement (BOA)).

If you read that literally, and apply it to what you asked, then the answer to your question would be yes. But I don't know what JV rules you are talking about, because you didn't cite them, so if I were you I would check that with SBA.

[Guest Vern Edwards]

Okay, I just checked SBA's rules for "joint venture" and "three contracts." I think the "Joint Venture rules" that you are talking about is 13 CFR § 121.103(h).

My advice is that you consult an attorney, because if 13 CFR § 121.103(h) is the "rules" that you were talking about, then you don't know what you're doing. 13 CFR § 121.103(h) does not limit JVs to three contracts. It sets a threshold of three contracts for determining affiliation among JV members.

Seek professional help.