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Found 3 results

  1. Are you allowed to use past performance citations from a JV you are no longer a part of for a proposal? Would you be allowed to cite the past performance at the JV level or would you only be allowed to utilize the past performance your company performed as part of the JV? I cannot find any specific guidance or ruling. Section 868 of National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021, Public Law 116-283, addressed a common obstacle that small businesses may face when competing for prime Federal Government contracts: possessing qualifying past performance. However, section 15(e)(5) required SBA to establish regulations to allow the small business to elect to use the joint venture's past performance IF the small business has no relevant past performance of its own. Which that is not the case in this situation. Thank you for any information/guidance you can provide.
  2. 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.
  3. 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?
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