Most federal contractors are well-aware of the potential benefits of using one of the FAR-prescribed teaming options to perform government contracts. But one question we get a lot from small business federal contractors is how to most effectively utilize those teaming options (i.e., how to maximize team participation) on larger government contracts within the bounds and limitations of the law. And luckily, we’ve got a formula for that.
Continue readingTag Archives: subcontracts
Event: Compliant and Effective Teaming Agreements, Joint Ventures & Subcontracts – 3-Part Series (2022 Update), March 22-24, Hosted by Govology
Koprince McCall Potroff LLC is presenting a 3-part series focused on teaming agreements, joint venture agreements and subcontracts which can be essential to winning and successfully performing federal government contracts. Shane McCall and Nicole Pottroff explain how to develop, negotiate and administer agreements that are both compliant and effective for both small and large contractors. The presentations will cover both the key rules (such as flow-downs and ostensible subcontractor affiliation) and best practices for agreements that go beyond the bare minimum legal requirements.
Continue readingRoom for Improvement: GAO Reviews Agency Oversight of Small Business Subcontracting Plans
Recently, GAO published a report on small business subcontracting plan compliance, concluding that agency oversight of these plans need improvement.
Continue readingGAO Puts Substance Over Form in Past Performance Protest
Recently, GAO sustained a bid protest where an agency “unreasonably excluded” a joint venture’s proposal, which included all necessary information listed in the solicitation, from competition.
GAO held that it was unreasonable for the agency to exclude the joint venture merely because the joint venture’s proposal didn’t include a subcontract number for one of its past performance references. GAO held, in essence, that the missing information was irrelevant because it had no bearing on the type of work completed.
8(a) Program: Participant Terminated for Not Paying Subcontractor
An 8(a) Program participant was terminated from the 8(a) Program for failing to pay a subcontractor.
According to the SBA, the non-payment reflected poorly on the 8(a) company’s character–and “good character” is a prerequisite for 8(a) Program participation.
GAO Confirms: No Protests of Most Subcontract Awards
Despite older case law to the contrary, the GAO ordinarily lacks jurisdiction to decide a protest challenging the award of a subcontract, even where the subcontract is alleged to have been made “for” the government, as in the case of some subcontracts awarded by DOE Management and Operation prime contractors.
In a recent decision, the GAO confirmed that, except in very narrow circumstances, it won’t decide protests challenging subcontract awards.
FAR & DFARS Have 27 Distinct Definitions of “Subcontract”
The FAR and DFARS have 27 distinct definitions of the term “subcontract,” according to an acquisition reform panel.
In its first report, the Section 809 Panel urges policymakers to adopt a consolidated definition of the term “subcontract,” as well as a common definition of “subcontractor,” a term that has 21 distinct definitions in the FAR and DFARS.