Teaming agreements are a great tool for establishing the prime-subcontractor relationship to jointly pursue government contracts. They can protect the parties’ rights, set performance expectations, demonstrate regulatory compliance, and reduce the likelihood of disputes down the line. But no matter how common teaming agreements have become, many still find them to be a bit of a mystery. This is probably because teaming agreements are neither required nor defined by SBA’s regulations or the FAR; and they have no regulatory-required content. But that doesn’t stop procuring agencies from requiring submission of teaming agreements with proposed teaming partners (especially where the offeror requests consideration of its proposed subcontractor’s past performance, experience, and/or capabilities). So, it is beneficial to know some of the “basics” of teaming agreements: what they are, why you should have one, and what should be included.Continue reading
Tag Archives: Limitations on Subcontracting
Govology Webinar: Limitations on Subcontracting: A Step-by-Step Compliance Guide (2023 Update), February 16, 1:00PM EST
For small businesses and their teammates, few government contracting topics are as confusing as the limitations on subcontracting (LoS) for set-aside and socioeconomic sole-source contracts. And if that isn’t stressful enough, the “LoS” is an area of heavy enforcement: get it wrong, and a contractor can face major penalties.
In this webinar, John Holtz and I will help you make sense of the limitations on subcontracting to help ensure that you understand and comply with this essential rule. Please join us for this informative webinar. Register here.
Back to Basics: Limitations on Subcontracting
One of the common questions small business contractors ask themselves when planning performance of a contract is “how much of this work are we allowed to subcontract?” Trying to answer this question inevitably leads contractors to one of the most commonly used and frequently misunderstood rules in federal contracting, the Limitations on Subcontracting. In this post, we will break down some of the basics of this rule, and hopefully clear up any basic misunderstandings regarding it.Continue reading
Back to Basics: The Nonmanufacturer Rule
To qualify as a small business under most set-aside or sole-source contracts seeking manufactured products or supplies, SBA’s regulations require an offeror to be the item’s manufacturer or, alternatively, comply with the nonmanufacturer rule.
In this post, we’ll discuss qualifying under the nonmanufacturer rule.Continue reading
Limitations on Subcontracting Part 1: What They Are and How They Apply
Congratulations! Your woman-owned small business (WOSB), Sun Corp, has just been awarded a contract. This particular contract was set aside for WOSBs, meaning only WOSBs may be considered for award. Small Corp is a relatively new company, and you have determined that you will need some help to successfully complete performance of the contract. As luck would have it, you are acquainted with the owner of Moon Corp, and Moon Corp is in the business of doing the exact type of work that Sun Corp needs help with. While diligently reading through the contract prior to its execution, you notice the following language:
Performance of this contract must comply with the subcontracting limitations set forth in FAR 19.505 and 13 C.F.R. § 125.6.
What do you do?Continue reading
SBA Proposes to Eliminate Some Nonmanufacturer Rule Class Waivers
SBA is currently considering terminating some class waivers for its small business Nonmanufacturer Rule, as it has received information to established the existence of small business manufacturers of
the subject products.
Webinar Event: Limitations on Subcontracting: A Step-by-Step Compliance Guide (Update 2022)
Koprince McCall Pottroff LLC will be presenting a webinar hosted by Govology, Limitations on Subcontracting: A Step-by-Step Compliance Guide will be on January 20 at 1:00pm EST.
In this webinar, government contracts attorneys Shane McCall and John Holtz will help you make sense of the limitations on subcontracting. Using a step-by-step process and plenty of examples to help bring the rule to life, they will help to ensure that you understand and comply with this essential rule.
If you’d like to join us for this webinar you can sign up for registration here.
Hope to see you there!