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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2016 · Sec. 867

Sec. 867. JOINT VENTURING AND TEAMING

567 words·~3 min read·/statute-compilations/comps-11831/sec-867

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## SEC. 867 JOINT VENTURING AND TEAMING ###
(a)Joint Venture Offers for Bundled or Consolidated Contracts Section 15(e)(4) of the Small Business Act (15 U.S.C. 644(e)(4)) is amended to read as follows: > > #### “(4) Contract teaming > > > ##### “(A) In general > > In the case of a solicitation of offers for a bundled or consolidated contract that is issued by the head of an agency, a small business concern that provides for use of a particular team of subcontractors or a joint venture of small business concerns may submit an offer for the performance of the contract. > > > ##### “(B) Evaluation of offers > > The head of the agency shall evaluate an offer described in subparagraph
(A)in the same manner as other offers, with due consideration to the capabilities of all of the proposed subcontractors or members of the joint venture as follows: > > > ###### “(i) Teams > > When evaluating an offer of a small business prime contractor that includes a proposed team of small business subcontractors, the head of the agency shall consider the capabilities and past performance of each first tier subcontractor that is part of the team as the capabilities and past performance of the small business prime contractor. > > > ###### “(ii) Joint ventures > > When evaluating an offer of a joint venture of small business concerns, if the joint venture does not demonstrate sufficient capabilities or past performance to be considered for award of a contract opportunity, the head of the agency shall consider the capabilities and past performance of each member of the joint venture as the capabilities and past performance of the joint venture. > > > ##### “(C) Status as a small business concern > > Participation of a small business concern in a team or a joint venture under this paragraph shall not affect the status of that concern as a small business concern for any other purpose.” > . ###
(b)Team and Joint Ventures Offers for Multiple Award Contracts Section 15(q)(1) of such Act (15 U.S.C. 644(q)(1)) is amended— ####
(1)in the heading, by inserting “and joint venture” before “requirements”; ####
(2)by striking “ Each Federal agency ” and inserting the following: > > ##### “(A) In general > > Each Federal agency” > ; and ####
(3)by adding at the end the following new subparagraphs: > > ##### “(B) Teams > > When evaluating an offer of a small business prime contractor that includes a proposed team of small business subcontractors for any multiple award contract above the substantial bundling threshold of the Federal agency, the head of the agency shall consider the capabilities and past performance of each first tier subcontractor that is part of the team as the capabilities and past performance of the small business prime contractor. > > > ##### “(C) Joint ventures > > When evaluating an offer of a joint venture of small business concerns for any multiple award contract above the substantial bundling threshold of the Federal agency, if the joint venture does not demonstrate sufficient capabilities or past performance to be considered for award of a contract opportunity, the head of the agency shall consider the capabilities and past performance of each member of the joint venture as the capabilities and past performance of the joint venture.” > .
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Sec. 867
JOINT VENTURING AND TEAMING
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