Picking Your Teams: Joint Ventures Versus Prime/Subcontractor Teams (Part One, Workshare)

Federal contractors often ask: “It is better to team up for government work with a prime-sub arrangement or with a joint venture?” Well, (spoiler alert) the answer is: it depends. But I won’t leave you with just that. This three-part series will provide insight on some of the major differences between these two types of “teams” that offerors should consider when making the decision between a joint venture or prime/subcontractor team in competing for and performing federal contracts. While this series will not provide a comprehensive list of all the differences between these two types of teams, it will cover some of the big ones that seem to come up more frequently in this decision-making process. The focus of this first article will be work share.

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SmallGovCon Week in Review: October 11-15, 2021

Happy Friday, Readers! We hope you have had a great week. The leaves on the trees are starting to turn beautiful colors and the temperatures are beginning to cool here in Lawrence, Kansas. It truly feels like Fall now and the kids are getting excited about Halloween. We hope you are enjoying Fall in your neck of the woods.

As usual, there was a lot of activity in the federal government contracting world, this week, such as a continuation of news concerning the Covid safety protocols for federal contractors as well as information regarding government cybersecurity issues. We hope you enjoy this edition of SmallGovCon Week in Review.

Have a great weekend!

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House-Passed 2022 NDAA Raises Sole Source Thresholds for 8(a), SDVOSB, HUBZone, and WOSB/EDWOSB Contracts

The sole source thresholds for the major socioeconomic preference programs would increase significantly under the House-passed version of the 2022 National Defense Authorization Act.

The House version of the 2022 NDAA includes an amendment that would raise the sole source caps for contracts awarded to qualified 8(a) Program participants, service-disabled veteran-owned small businesses, HUBZone Program participants, and woman-owned small businesses (as well as the economically disadvantaged subcagetory of WOSBs).

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Polaris GWAC: GSA Issues Draft RFP Sections

GSA has been hard at work on the Polaris solicitation. The goal: provide federal agencies with information technology services from qualified small businesses. GSA recently released the updated draft versions of the submission instructions and evaluation criteria for Polaris. Like CIO-SP4, which we blogged on in detail, Polaris is going to be of interest to many small business IT contractors. So, here are a few highlights from the draft sections.

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NAICS, The Final Frontier: OHA Rejects NAICS Size Standard Exception as Inapplicable to NASA Solicitation

This matter again involves NASA and a particularly interesting government procurement, this time concerning NAICS appeals. NAICS codes, or the North American Industry Classification System codes, are how both businesses are classified by their industry and procurements are classified by what they’re for. If the procurement uses an inappropriate NAICS code, a protestor can appeal this code determination. It is important to note that some NAICS codes have “exceptions” which can affect their corresponding size standards. For example, NAICS code 541330, “Engineering,” has a size standard of $16.5 million, but, if the engineering services are for military equipment and weapons, an exception applies that balloons the size standard to $35.5 million. But, just like regular NAICS codes, these exceptions have to make sense in light of the kind of solicitation in question, leading us to this matter.

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SmallGovCon Week in Review: October 4-8, 2021

Happy Friday and we hope you had a very productive week. There was a lot of discussion this week concerning the federal vaccine mandate as well as an announcement from the Department of of Justice concerning the cyber fraud. You can read more about those topics and other news in federal government contracting in the articles below.

Have a great weekend!

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DOD Construction: House-Passed 2022 NDAA Establishes Preferences for Local Contractors

Local construction contractors would receive new contracting preferences for Department of Defense contracts under the version of the 2022 National Defense Authorization Act passed by the House of Representatives on September 23.

During floor debate on the 2022 NDAA, the House agreed to an amendment proposed by representative Andy Kim. The amendment requires, to the extent practicable, that DOD give a preference to construction contractors who hire local employees. The amendment also requires all contractors and subcontractors for military construction projects to be licensed in the state where the work is to be performed.

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