Attachment A - Joint Venture Agreement.pdf
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- Attached to
- Construction Services of a Power Generation Microgrid at Cape Cod Space Force Station in Bourne, MA
- Solicitation number
- W912WJ26RA003
About this file
This is an appendix containing joint venture agreement requirements for federal contract proposals.
Joint ventures pursuing contract awards must submit a fully executed joint venture agreement signed by both parties, along with supplementary documentation demonstrating compliance with FAR Part 19 small business joint venture regulations. Required submissions include: (1) the relationship between parties regarding business ownership, capital contribution, and profit/loss sharing; (2) the management structure and operational control designations; (3) decision-making authority and control of work performance methodology; (4) identification of Key Personnel authorized to bind the joint venture to subcontracts and responsible for labor and materials procurement; (5) designation of personnel managing joint venture bank accounts, financial records, and tax obligations; (6) identification of parties furnishing facilities and services; and (7) identification of overall joint venture control. Proposals must also specify whether Key Personnel are employed by individual joint venture parties or directly by the joint venture entity. Eligibility for contract award is ultimately controlled by the applicable requirements of FAR Part 19 based on the specific small business category involved.
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Text version
Attachment A Joint Venture Agreement
Joint venture agreements shall demonstrate compliance with applicable Joint Venture regulations for small businesses under FAR Part 19. Joint Ventures should submit the information requested below:
(1) A fully executed copy (signed by both parties) of their Joint Venture agreement;
and
(2) The following information, unless explicitly stated in the joint venture agreement:
(a) The relationship of the joint venture parties in terms of business ownership, capital contribution, and profit distribution or loss sharing;
(b) The management approach of the joint venture in terms of who will conduct, direct, supervise and control the project and have custody and control of the assets of the joint venture and perform the duties necessary to complete the work;
(c) The structure of the joint venture and decision-making responsibilities of the joint venture parties in terms of who will control the manner and method of performance of the work;
(d) The identification of Key Personnel who will have authority to legally bind the joint venture to subcontracts and who will provide or contract for the labor and materials for the joint venture;
(e) The identification of personnel who will maintain the joint venture bank accounts for the payment of all expenses and the deposits of all receipts, who will keep the books, and records, and who will pay applicable taxes for the joint venture;
(f) The identification of persons who will furnish the facilities, such as office supplies and telephone service; and
(g) The identification of the personnel who has overall control of the joint venture.
The above information is requested at a minimum. The requirements of FAR Part 19, as applicable to the particular type of small business, will control as to whether the joint venture is eligible for award of the Contract.
Other sections of the proposal should identify, where appropriate, whether Key Personnel are employees of the individual joint venture parties, and identify the party, or hired as employees of the joint venture.
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