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mfk

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About mfk

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  1. Thanks but I know the requirements for the SDVOSB joint ventures. However, the only issue is interpreting the regulation at 38 C.F.R. Sec. 74.1 that states "For VA contracts, a joint venture must be in the form of a separate legal entity. However the V.A. does not define separate legal entity nor do they use the words "formal" or "informal" JV. Under recent SBA cases, for non VA related projects, a JV has the right to determine whether it wants to incorporate in a state or not. (See Costruction Engineering Services, LLC VET 213). However, there is no such guidance for the VA rules that
  2. I have reviewed the regulations for SDVOSB and VOSB joint ventures. My question is regarding 38 CFR Sec. 74.1 For VA contracts, a joint venture must be in the form of a separate legal entity. Q: Does the VA require that this "separate legal entity" be incorporated (LLC or corp) in the state where the JV is located OR can the JV be unincorporated (thus treated as a general partnership) In other words, will the VA accept that a SDVOSB joint venture as a "separate legal entity" if the JV has an written agreement in place, obtains a tax id and plans to be treated a a general partnership for
  3. Question: If a large privately held company that mostly does private construction work but may have a federal government contract or subcontract once in a while (that triggers 3.10 Code of Business Conduct and Training) train all of its employees or just the ones that are working on federal goverment projects. Also, what if the employees are incidental to the project such as a trucker or a janitor. I have reviewed the Code and Federal Sentencing Guidelines but it does not answer the question. I believe that all employees must be trained but I was wondering if there is a FAR or other regula
  4. While I don't agree with any type or any kind of pass-thru for small business, the goverment seems to allow the concept of pass-thrus (although the issue of small business is not addressed) see 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF SUBCONTRACT EFFORT (OCT 2009) (a) Definitions. Added value, excessive pass-through charge, subcontract, and subcontractor, as used in this provision, are defined in the clause of this solicitation entitled ``Limitations on Pass-Through Charges'' (FAR 52.215-23). ( General. The offeror's proposal shall exclude excessive pass-through charges
  5. This was a post in another topic - but I am hoping someone can provide the answer and a FAR that applies: Large Prime Subcontracts to small business, but small business subcontracts large and vital work to large subcontractor. If most of the subcontract cost incurred for personnel goes to large-business for its 2nd tier subs, can you (as large prime contractor) still count the full value of the small-business 1st-tier subcontract toward your small business subcontracting goals?
  6. Why the limitations on Subcontracting clause applies to small business set-asides, I am also curious as to the answer to the question above If most of the subcontract cost incurred for personnel goes to large-business for its 2nd tier subs, can you (as prime contractor) still count the full value of the small-business 1st-tier subcontract toward your small business subcontracting goals?
  7. Thank you for your reply, I am saying that the Firm A (a SDVOSB) wants to form a joint venture with Firms B and C (both SB concerns) and then the JV (consisting of Firms A, B, and C) will subcontract part of the work to Firms A,B, and C
  8. Will government accept a SDVOSB joint venture, where the SDVOSB is the 51% owner and the other firms are simply small and not SDVOSB? The VA website says: Q: Are joint ventures allowed under the SDVOSB program? A: Yes. In accordance with 13 C.F.R. 125.15(, SDVO SBCs may enter into a joint venture agreement with one or more other SBCs for the purpose of performing an SDVO contract. A joint venture of at least one SDVO SBC and one or more other business concerns may submit an offer as a small business for a competitive SDVO SBC procurement so long as each concern is small under the size stand
  9. A large open competitive project is bid by a joint venture. The JV is 50% large business and 50% small business. If the small business is performing 50% of the work, does the JV still have to include a subcontracting plan with other small businesses, or does one just name the small business in the subcontracting plan.
  10. Dear Don: Not sure if I am doing this right, but I want to thank you for your reply regardng the HUBZone preference
  11. If a HUBZone G.C want to bid on an open competition and wants to utilize its 10% price preference: (1) What actions do your recommend the firm take in submitting its bid to alert contracting officer that it wants the price preference to apply? (2) If the contractor loses bid by less than 10% and they do not apply the Hub Zone bidders preference, how successful are bid protests in this subject? All insight would be appreciated.
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