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The JVA specified that certain actions would require the unanimous consent of the Members’ Committee. The Members’ Committee was responsible for managing the JV and controlling the performance of its contracts. The JVA established a Members’ Committee comprised of two representatives from ACLC and one representative from GDIT. The JVA designated ACLC as the managing member of Aquila, while GDIT was designated as a member. The parties subsequently executed a JVA to create Aquila Alliance LLC (“Aquila”). Advanced Computer Learning Corporation (“ACLC”), an SDVO SBC, and General Dynamics Information Technology (“GDIT”) entered into a Mentor-Protégé Agreement (“MPA”) to support ACLC’s growth in the area of training and education support services. Seventh Dimension involved an Army procurement for training support services set aside for Service-Disabled Veteran-Owned Small Business Concerns (“SDVO SBCs”). Large Business Retains Veto Power to Control the Joint Venture In our experience, fatal paperwork errors could easily be avoided by getting competent counsel to review (and help draft) JVAs prior to proposal submission. As a result, legitimate small businesses can find themselves losing important contracts because their JVA does not comply with the SBA’s strict requirements. Seventh Dimension is yet another stark reminder from OHA that the failure to comply with JVA requirements can have devastating consequences for a JV’s eligibility to compete in a set-aside procurement.Ī company’s size status is determined based upon the facts and highly-specific JVA terms in place at the time of proposal submission. VET-6057 (2020), the SBA’s Office of Hearings and Appeals (“OHA”) held that a JV was ineligible for award because its JVA did not give the small business “unequivocal control” of the JV. Most importantly, the small business must control the joint venture (“JV”) as the “managing venturer” and perform at least 40% of the JV’s work. To qualify, the joint venture agreement (“JVA”) between the firms must include a number of specific provisions required by regulation. GSK and Sanofi, two of the world's biggest pharmaceutical giants, joined forces in 2020 to try and create a vaccine to stop the spread of Covid-19.The Small Business Administration (SBA) allows certain joint ventures between small and large firms to qualify for small business set-aside procurements.Brewer Marston's forming a joint venture with Carlsberg's UK arm, uniting ales such as Pedigree and Hobgoblin with Danish Pilsner and Somersby cider.Docklands-Light Railway (DLR) - a joint venture between French transport group Keolis and infrastructure services provider Amey, part of Spanish multinational Ferrovial.Toyota investing $600m in China’s ride-hailing firm Didi and setting up a joint venture.BMW and Jaguar Land Rover – creating a joint venture to share electric car technology.Hollywood studios combining to fight internet piracy.Google and NASA developing Google Earth.BMW and Toyota co-operate on research into hydrogen fuel cells and ultra-lightweight materials.

a joint-research project to share the fixed costs of higher risk research. Joint ventures are becoming common as firms want to benefit from collaborative work in reaching a mutually agreed strategic target e.g. With a joint venture, the businesses remain separate in legal terms.