2. At the end of each 8a contract awarded to a joint venture, the 8 a) participants in the joint venture must submit a report to the local SBA district office explaining how compliance with the employment requirements for the contract was achieved. (iii) The parties obtained SBA`s agreement for the joint venture agreement and any possible endorsement of that agreement, and no changes were made to the agreement that SBA did not approve. This proposed rule does not contain any registration or compliance requirements for small businesses. Joint ventures must present themselves as small businesses, in accordance with the representation provisions updated under the reference FAR 52.212-3 or 52.219-1. Currently, representation is required for all small businesses that deal with the government; Representation is not a new requirement. The number of options companies can choose from has been extended to common-business options; However, the number of selections a small entity must make (i.e. boxes) has not increased. Therefore, the potential effects are minimal. (1) small businesses that have been specifically certified by the Small Business Administration (SBA) to participate in the SBA`s 8a program and who, at the time of submitting the offer, meet the following criteria: (A) each party to the joint venture is considered small below the invitation size standard; or the final rule of the SBA to update the requirements of a joint venture to be considered small businesses or as part of a socio-economic program.
A joint venture is considered a small business if each of the parties to the joint venture is qualified as small for the size standard associated with the U.S. Industry Classification System (NAICS) code in the invitation. A joint venture can qualify as part of a socio-economic programme if at least one part of the joint venture is qualified as part of a socio-economic programme and if the joint venture meets the requirements of a joint venture set out in the SBA rules. (g) the performance of the contract. Where a joint venture has been approved by SBA, the purchase activities result in a contract 8 (a) on behalf of the joint venture or the participant 8 bis, but in both cases they identify the allocation as an entity to a joint venture 8 (a) or, if applicable, to a joint venture of 8(a) prime contractor. DoD, GSA and nasa propose to modify the FAR so that contract agents take into account the performance of the joint venture and take into account the performance of each party to the joint venture if the joint venture has not provided evidence of past performance. For reasons of consistency and fairness, DoD, GSA and NASA propose to modify the FAR to apply this requirement to joint ventures, regardless of their size. (2) Appointment of a participant in the 8a) as managing partner of the joint venture and an employee of an 8a participant as project manager responsible for the execution of the contract.
The person identified as the project manager of the joint venture must not be an employee of participant 8a at the time of the submission of an offer by the joint venture, but if it does not, a Memorandum of Understanding must be concluded whereby the person agrees to be employed by the participant in 8a) if the joint venture is the successful bidder. The person identified as a project manager cannot be employed by the mentor and, for the purposes of the performance of the joint venture, become a member of participant 8a; However, the decision contains a number of useful lessons for former joint ventures that must be taken into account when entering an AIC, either under the ASMPP programme or 8 (a) or one of the SBA`s other specific joint venture opportunities.