FAA Guidance: ACDBE Joint Venture Agreements
The Federal Aviation Administration Office of Civil Rights continues its effort to promote awareness of all the resources and information available to Airport Grant recipients and their representatives on matters pertaining to the DBE and ACDBE Programs (Programs).
A Joint Venture isan association of an ACDBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the ACDBE is responsible for a distinct, clearly defined portion of the work of the contract and whose shares in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. Joint venture entities are not certified as ACDBEs.
The FAA’s Joint Venture (JV) Guidance and Principles for Evaluating Long-Term, Exclusive Agreements in the ACDBE Program guidance can be found on the FAA Office of Civil Rights website located at https://www.faa.gov/about/office_org/headquarters_offices/acr/bus_ent_program/.
Also, U.S. DOT’s Official Questions and Answers (Q&A’s) on the Disadvantaged Business Enterprise Program provides guidance on JV’s under the Certification information. This document is located at file:///C:/Users/Nancy%20Cibic/Documents/Q&As.pdf.
In addition, information pertaining to JV counting can be found in 49 CFR Part 26 at https://www.ecfr.gov/cgi-bin/text-idx?SID=244405e278445411b84e66e572c62bda&mc=true&node=se49.1.26_155&rgn=div8
and also in 49 CFR Part 23 at https://www.ecfr.gov/cgi-bin/text-idx?SID=f573a6090b9837f16c7c285a1edb4de8&mc=true&node=se49.1.23_155&rgn=div8.
Reminder that FAA’s DBE and ACDBE Program Regional Specialists are available to assist you. FAA Regional Specialist’s contact information is located on the last page of the FAA Connect User Guide and on the FAA Office of Civil Rights website https://www.faa.gov/about/office_org/headquarters_offices/acr/bus_ent_program/contact/: