§ 127.506May a joint venture submit an offer on an EDWOSB or WOSB requirement?
A joint venture may submit an offer on an EDWOSB or WOSB requirement if the joint venture meets all of the following requirements:
(a) Except as provided in§ 121.103(h)(3) of this chapter, the combined annual receipts or employees of the concerns entering into the joint venture must meet the applicable size standard corresponding to the NAICS code assigned to the contract or order;
(b) The EDWOSB or WOSB participant of the joint venture must be designated in SAM (or any successor system)as an EDWOSB or WOSB;
(c) The parties to the joint venture must enter into a written joint venture agreement. The joint venture agreement must contain a provision:
(1) Setting forth the purpose of the joint venture.
(2) Designating an EDWOSB or WOSB as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for the performance of the contract;
(3) Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the EDWOSB or WOSB;
(4) Specifying the responsibilities of the parties with regard to contract performance, sources of labor, and negotiation of the EDWOSB or WOSB contract; and
(5) Requiring the final original records be retained by the managing venturer upon completion of the EDWOSB or WOSB contract performed by the joint venture.
(d) The joint venture must perform the applicable percentage of work required of the EDWOSB or WOSB offerors in accordance with§ 125.6 of this chapter (limitations on subcontracting rule);
(e) The procuring activity will execute the contract in the name of the EDWOSB or WOSB or joint venture.
(f) The WOSB or EDWOSB must provide a copy of the joint venture agreement to the contracting officer.