As a small government contractor, working with other businesses may be essential to successfully compete for and perform federal government contracts. Government contracts joint venture agreements and teaming agreements can boost your competitive capabilities. But they must be done right, or you could lose your contract to a successful SBA size protest–or worse.
If you are thinking about creating a government contracts joint venture agreement, SBA 8(a) joint venture agreement, or teaming agreement, attorney Steven Koprince and Petefish, Immel, Heeb & Hird, LLP can help.
Government Contracts Joint Venture Agreement Attorney Services
If you are considering a government contracts joint venture agreement, the first question to answer is whether you are eligible. Except in special cases, a small business cannot joint venture with a large company for a small business set-aside contract. Attorney Steven Koprince can help you figure out whether joint venturing is a viable option for you and your prospective teammate.
After you have determined that you are eligible, you and your joint venture partner should sign a government contracts joint venture agreement. The joint venture agreement is especially important if you are pursuing an 8(a), service-disabled veteran-owned small business, or women-owned small business contract, because those programs require joint venture agreements to contain certain required provisions.
In preparing government contracts joint venture agreements, attorney Steven Koprince and Petefish go above and beyond the bare minimums required by the regulations. After all, your joint venture agreement is the roadmap to your relationship with your joint venture partner. In addition to the requirements imposed by the SBA’s joint venture regulations, Petefish’s joint venture attorneys make sure your joint venture agreement addresses how confidential information will be treated, how disputes will be resolved, and other matters critical to a successful relationship.
8(a) Joint Venture Agreement Attorney Services
Joint venturing is a popular option for 8(a) Program participants, particularly because an 8(a) company and its mentor may be able to joint venture together on 8(a) or small business set-aside contracts for which the 8(a) company qualifies, even if the mentor is a large business. But 8(a) joint venture agreements are more complex than ordinary government contracts joint venture agreements: not only must the joint venturers follow the SBA’s complex 8(a) joint venture regulations, they must submit a great deal of supporting information and obtain the SBA’s pre-approval of the joint venture.
If you need an attorney to help you with an 8(a) joint venture agreement, Steven Koprince and Petefish can help you prepare and submit a compliant 8(a) Program joint venture agreement, including the substantial“extra” information required by the SBA’s 8(a) Program Standard Operating Procedure.
Government Contracts Teaming Agreement Attorney Services
Your small business may subcontract a portion of a set-aside contract to another company–even a large business. But your subcontracting team must comply with the FAR’s limitations on subcontracting, which restrict the amount of work you may subcontract. In addition, your teaming arrangement must not violate the SBA’s ostensible subcontractor affiliation rule, or your small business and its subcontractor will be deemed affiliates for size purposes.
Drawing on his experience preparing compliant teaming agreements for small business set-aside contracts, as well as 8(a), SDVO, HUBZone, and WOSB set-asides, attorney Steven Koprince can prepare a government contracts teaming agreement that passes muster with the procuring agency and SBA.