Tag Archives: teaming agreements

Compliant, Winning Teams: A Three-Part Webinar

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Teaming and joint venturing are essential components of success for many small government contractors, and the emphasis on teaming is increasing in light of the SBA’s proposed rule allowing “similarly situated entities” to join together to pursue prime contracts.  But teaming and joint venturing are not without risks–there are many unique rules that must be followed, and many pitfalls for the unwary.

That is why I am very pleased to announced that I am joining with the Government Contractors Resource Network to present a three-part webinar series on compliant and effective teaming.  Directed at small contractors, this series will begin with an overview of the rules and regulations governing teaming.  The series will continue with a discussion of how to prepare effective and compliant teaming agreements, subcontracts, and joint venture agreements.  The series will wrap up with an in-depth discussion of federal mentor-protege programs, including the SBA’s new proposed “universal” mentor-protege program.

The first webinar will broadcast on June 19, and the others will follow on June 23 and 25.  To register, or for more information, visit the GCRN website.  I hope to see you (virtually, anyway) this summer.

GSA Contractor Team Arrangement: Single-SIN Restriction Was Appropriate

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A procuring agency reasonably required all members of a SDVOSB set-aside GSA Contractor Team Arrangement to possess a certain Federal Supply Schedule contract and Special Item Number.

In a recent bid protest decision, the GAO held that restricting CTAs to holders of a certain Schedule and SIN was appropriate because all of the supplies to be procured fell within the identified Schedule and SIN.

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Prime Doesn’t Submit Teaming Agreement, Loses Evaluation Credit

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A prime contractor submitting a proposal for a design-build project was not entitled to take advantage of the experience of its designer because the prime failed to submit a teaming agreement between itself and the designer.

In a recent bid protest decision, the GAO held that the agency properly viewed the designer as a subcontractor, and acted reasonably–under the specific terms of the solicitation–in refusing to award experience credit for the designer’s work because the prime did not submit a teaming agreement. Continue reading →

Agency Properly Considered Joint Venture Partners’ Past Performance, Says GAO

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A procuring agency properly considered the past performance of a joint venture’s two partners, even though the solicitation prohibited the consideration of subcontractors’ past performance.

In a recent bid protest decision, the GAO held that where a solicitation only allowed past performance references for the “prime offeror,” the agency was permitted to consider the past performance of two joint venture partners–the entities comprising a “prime offeror.”

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Thank You, Texas!

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I am back in Lawrence after a trip to the Lone Star State, where I spoke at the Fort Bliss Regional Contracting Industry Day.  My presentation, “The Legal Benefits and Pitfalls of Teaming Arrangements” focused on the upsides and potential drawbacks of teaming and joint venturing on federal set-aside contracts.

A big “thank you” to Joe Conway and the team at the El Paso Community College Contract Opportunities Center for hosting this outstanding event.  And of course, extra thanks to all the government employees, large businesses, and small business owners who attended.

If you weren’t able to make it to the Fort Bliss Regional Contracting Industry Day, you don’t have to be left out.  Just contact me and I would be happy to provide you with a copy of the presentation.

Alleged Breach Of Teaming Agreement Not A Procurement Integrity Act Violation, Says GAO

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A contractor’s alleged breach of its teaming agreement did not provide a basis for the agency to conclude that a Procurement Integrity Act violation had occurred.

According to a recent GAO bid protest decision, even if a teammate misuse voluntarily provided confidential information, the misuse does not violate the Procurement Integrity Act.  Moreover, the GAO considers an allegation regarding the breach of a teaming agreement to be a private dispute, falling outside of the GAO’s bid protest jurisdiction.

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Thank You, Southern California!

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I am back in the Midwest after a trip to sunny Southern California, where I spoke at the 10th Annual Veteran Economic & Business Development Summit in Riverside.  My presentation, “Joint Ventures vs. Prime/Sub Teaming” covered the key legal distinctions between joint ventures and prime/sub teams, with a special focus on the SDVOSB joint venture rules.

A big “thank you” to Julie Padilla, Scott Rice, and the rest of the team from the Riverside Community College District Procurement Assistance Center, who put together an outstanding event.  And of course, extra thanks to the veterans and small business owners who attended (and asked some great questions).

If you were not able to make it to last Friday’s event, you don’t have to be left out.  Just contact me and I would be happy to provide you with a copy of my slides.