Loren Data's SAM Daily™

FBO DAILY ISSUE OF DECEMBER 05, 2012 FBO #4029
MODIFICATION

A -- Another clarification to W31P4Q-11-R-SSDD/W31P4Q-12-R-DOMS/W31P4Q-12-R-DOM2, no response required, AMRDEC System Simulation and Development Directorate (SSDD) - Development, Operations, and Maintenance Support (DOMS)

Notice Date

12/3/2012
 

Notice Type

Modification/Amendment
 

NAICS

541712 — Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)
 

Contracting Office

ACC-RSA - (Missile), ATTN: CCAM, Building 5303, Martin Road, Redstone Arsenal, AL 35898-5280
 

ZIP Code

35898-5280
 

Solicitation Number

W31P4Q-12-R-DOM2
 

Response Due

3/31/2013
 

Archive Date

2/1/2013
 

Point of Contact

Andy Eiermann, 256-313-0097
 

E-Mail Address

ACC-RSA - (Missile)
(andy.eiermann.civ@mail.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

This synopsis amendment references the previous notices concerning SSDD DOMS, W31P4Q-11-R-SSDD and W31P40-12-R-DOMS to clarify issues under W31P4Q-12-R-DOM2 concerning Joint Ventures. All W31P40-12-R-DOMS notice references to quote mark informal Joint Venture quote mark are hereby removed, because there is no language in the FAR or CFR that states the words quote mark informal Joint Venture. quote mark Issue 1: The requirement to establish a separate business entity is in conflict with the definition of an informal JV. Clarification of Issue 1: There is no FAR or CFR definition of an quote mark informal JV. quote mark 13 CFR 121.103(h) defines a joint venture as: - quote mark an association of individuals and/or concerns with interests in any degree or proportion consorting to engage in and carry out no more than three specific or limited-purpose business ventures for joint profit over a two year period, for which purpose they combine their efforts, property, money, skill, or knowledge, but not on a continuing or permanent basis for conducting business generally quote mark. The joint venture entity cannot be awarded more than three contracts over a two year period, starting from the date of the submission of the first offer or it will be determined to have a general affiliation (3-in-2 rule). A joint venture must: be in writing and do business under its own name. It may (but need not): be in the form of a separate legal entity, and if it is a separate legal entity it may (but need not) be populated (i.e., have its own separate employees). What is a Separate Legal Entity? A business that has a separate legal identity from its owners. It can start legal action against another business or individual in order to protect itself. Other businesses and individuals have the right to take legal action against the business. Separate Legal Entities are chartered by the states where they are organized. What is an Entity? In the System for Award Management (SAM), an organization is now referred to as an quote mark Entity. quote mark REGISTERING for a (CAGE Code) IN SAM IS FREE. You need to set up a SAM account. Your entity registration will become active after 3-5 days when the IRS validates your TIN information. Your Entity's DUNS Number: You will need a DUNS to register your entity in SAM. If you do not have a DUNS number, you can request a DUNS number for free by visiting D&B at http://fedgov.dnb.com/webform. It takes 1-2 business days to obtain a DUNS. Your Entity's Taxpayer Identification Number (TIN): A TIN is an Employer Identification Number (EIN) assigned by the Internal Revenue Service (IRS). To obtain an EIN visit: www.irs.gov/businesses/small/article/0,,id=102767,00.html. Activating a new EIN with the IRS takes 2-5 weeks. Issue 2: An informal JV can take the form of a Prime and Subcontractor relationship, and therefore would not be a separate legal entity. Clarification of Issue 2: A JV need not be in the form of a separate legal entity but it must be in writing and do business under its own name, therefore it must be an entity. SBA may also determine that the relationship between a prime contractor and its subcontractor is a joint venture, and that affiliation between the two exists, pursuant to 13 CFR 121.103 (h)(4). Any offeror submitting an offer to a SSDD DOMS solicitation as a joint venture entity must comply with the requirements of 13 CFR 121.103(h) which requires the joint venture to be in writing and must do business under its own name (entity), hence the requirement for joint venture to have a Name, CAGE code, DUNS and TIN, like any other entity desiring an award of a federal contract.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/b1a0c78e1222594ae9412f484545033a)
 

Place of Performance

Address: Building 5400, Fowler Road less than br greater than Redstone Arsenal, AL

Zip Code: 35898
 

Record

SN02941174-W 20121205/121203234245-b1a0c78e1222594ae9412f484545033a (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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