If your company is interested in teaming with Sutler Corporation – please contact Sutler Corp at 610-522-0400 or email us at info@sutlercorp.com.
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Teaming/ Joint Venture Agreements
The following criteria must be met to create a Joint Venture eligible to compete on a VA administered SDVOSB set-aside procurement:
The verified SDVOSB and other entity must both be small businesses.
The verified SDVOSB must be the Managing Venturer and have control over all decisions of the Joint Venture.
The CVE must verify the JV itself.
The Joint Venture must be aimed at a specific solicitation.
The Joint Venture must be a separate legal entity.
The Joint Venture must be controlled by a verified SDVOSB concern.
The SDVOSB must earn at least 51%of the profits earned by the Joint Venture.
A VA Paper on JVs provides a template as a good starting point in drafting a Joint Venture agreement. Joint Venture and Teaming Arrangement for Service Disabled Veteran-Owned Small Business
SDVOSB Joint Ventures for non-VA agenciess must contain the following provisions pursuant to 13 CFR §125.15(b)(2):
Purpose of the Joint Venture.
Designate the SDVOSB the managing venturer of the Joint Venture, and an employee of the managing venturer as the project manager responsible for performance of the SDVOSB contract.
Not less than 51% of the net profits earned by the joint venture will be distributed to the SDVOSB.
Specify the responsibilities of the parties with regard to contract performance, source of labor and negotiation of the SDVO contract.
Obligate all parties to the joint venture to ensure performance of the SDVOSB contract and to complete performance despite the withdrawal of any member.
Require the final original records be retained by the managing venturer upon completion of the SDVOSB contract performed by the joint venture.
It is imperative that the Joint Venture Agreement is consistent with the Joint Venture’s proposal. In Rush Link One Joint Venture, SBA No. VET-228 (March 16, 2012), a Joint Venture did not meet the above requirements where the Joint Venture properly indicated that an employee of the SDVOSB would be the Project Manager, but the Proposal named an employee of another company as Project Manager.
