Adapting JV Proposal Strategies After GAO Downgrade Ruling

Law360 (June 17, 2020, 2:57 PM EDT) -- A recent U.S. Government Accountability Office decision involving a Small Business Administration-approved small business joint venture, or JV, suggests that JVs between large and small firms should adjust their proposal strategies to avoid downgrades on past performance when the small business JV member, and the JV itself, lack relevant past performance.

Background

Proposing on a set-aside contract as an SBA-approved JV between a small and large business has been an effective strategy for many years. A basic assumption of this approach — and a primary motivation for using a JV structure — has been that an agency evaluating the JV's past...

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