Posted March 16, 20205 yr comment_52119 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.
March 16, 20205 yr comment_52121 IDIQ contracts are considered contracts for purposes of limitations on contract awards to JVs. The SBA does not consider BPAs to be contracts. Instead, each order under a BPA is considered to be a contract. See, 13 CFR 125.1. What do you mean by MAC? Not everyone gives that abbreviation the same meaning.
March 16, 20205 yr Author comment_52124 Retreadfed; So to be clear. If a JV was awarded an IDIQ, would the orders that are awarded to the JV be considered individual contracts and count against the 3-in-2? MAC = Multiple Award Contract
March 16, 20205 yr comment_52133 2 hours ago, rae.story said: If a JV was awarded an IDIQ, would the orders that are awarded to the JV be considered individual contracts and count against the 3-in-2? No. The IDIQ contract is considered the contract, not the individual orders. A MAC is an IDIQ contract. Therefore, the same rule applies to orders under such contracts.
May 28, 20204 yr comment_53094 Are subcontracts awarded to the JV counted as part of the 3 maximum, or is it only where the JV is awarded as Prime? Thanks!
May 29, 20204 yr comment_53108 See, 13 CFR 121.103(h) "For purposes of this paragraph (h), contract refers to prime contracts, and any subcontract in which the joint venture is treated as a similarly situated entity as the term is defined in part 125 of this chapter."
August 20, 20204 yr comment_54377 In addition to the question posed earlier, can anyone tell me whether a contract that comes with the purchase of a small business by a small business Joint Venture counts as one of the 3 that the JV is limited to "winning." I would think that it would not since the JV did not compete for the contract, but I am not sure. thanks
