![]() ![]() Over the years these templates have been treated differently by various SBA District Offices, with some requiring strict adherence to the template, while others explicitly forbade parties from using the same. ![]() Turning to the latter issue first, SBA has long provided various template JVAs, the current version of which may be found on SBA’s website here. Interestingly, OHA rejected the Appellant’s argument that the JVA followed SBA’s standard JVA template, stating that such template provides merely “informal guidance,” and that the Appellant failed to establish that it could properly rely upon such informal guidance “in lieu of specific regulations and without seeking further clarification.” OHA further determined that the Appellant in any event did not adhere strictly to the SBA template, because Appellant failed to heed and comply with the template’s Footnote direction to “spell out specifically by task” the performance of work, “to demonstrate that the small business is doing more than mere ministerial or administrative functions.” Size Appeal of STAcqMe, LLC, SBA No. Failure to include such specific details risks the JVA being determined unacceptable and the JV not qualifying for the Mentor-Protégé (M/P) exception to the general affiliation rules, and the Venturers thus being deemed affiliated and the JV ineligible for award. The Small Business Administration (SBA)’s Office of Hearings & Appeals (OHA) recently reiterated that SBA Joint Venture Agreements (JVAs), including those entered into under SBA’s new All-Small Mentor-Protégé Program (ASMPP), must include adequate specific detail as to the respective responsibilities of the parties with regard to, inter alia, performance of the proposed contract, and how the parties will satisfy SBA’s performance of work requirements and the limitations on subcontracting restrictions. Search Blog Following SBA's Joint Venture Agreement Template Not a Free Pass, and Don't Ignore the Footnote Comments
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