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SBA 8(a) participants need not obtain the SBA’s prior approval of prime/subcontractor teaming agreements, according to an SBA statement made in a GAO bid protest case.
The SBA’s position makes sense, because the SBA’s regulations only call for prior approval of joint venture agreements. However, one former 8(a) company might be hopping mad over the SBA’s stated position, because that company was terminated from the 8(a) program for–you guessed it–failing to obtain the SBA’s prior approval of a teaming agreement.
Do you want to know more about joint ventures and teaming agreements? Do you want to spend a Friday in November enjoying the warmth of sunny Southern California?
If you answered “yes,” I am pleased to announce that I will be presenting a seminar on “Joint Ventures vs. Teaming Agreements” on November 8, 2013 in Riverside, California. The seminar will offer a “bird’s eye” overview of the key differences between joint ventures and teaming agreements. Attendees will learn “do’s” and “don’ts” when setting up a joint venture or team, common pitfalls, and strategies for success.
The seminar is part of the 10th Annual Veterans Economic and Business Summit. For more information, contact the Riverside Community College District Procurement Assistance Center. Hope to see you there!
If you are interested in small business teaming, and located in the Pacific Northwest (or plan to be), please join me and other presenters on May 3, 2013 for a free all-day workshop designed to give small contractors an in-depth look at teaming, joint venturing and subcontracting on federal procurements.
I will offer two sessions during the workshop: “Legal Aspects of Teaming and Government Contracting” and “Compliant and Effective Teaming Documents.” Other sessions will include “Introduction to Teaming,” “To Bid or Not To Bid,” and “Proposal Writing in the Teaming Environment.”
The workshop will be held in Oregon City, Oregon (near Portland) and is sponsored by two great organizations, Powering Up! Small Business Teams and the Clackamas Small Business Development Center. Visit the workshop’s registration page to sign up. I hope to see you there!
Interested in creating compliant and effective joint venture agreements, teaming agreements, and subcontracts? Join me this Friday, March 15, for a free webinar sponsored by Powering Up! Small Business Teams.
The webinar will cover mandatory provisions to include in joint venture agreements under the 8(a), WOSB and SDVOSB programs, required subcontract “flow downs” and other small business teaming requirements. In addition, we will go beyond the minimum legal requirements and discuss best practices for thorough and effective teaming documents–topics such as dispute resolution, termination, exclusivity, non-disclosure of confidential information, and more.
To register for Friday’s free webinar, or find out more information, visit the webinar’s registration page. And if you’re interested in learning more about the ins and outs of small business teaming, mark your calendar for the upcoming teaming webinars in the Powering Up! webinar series.
Avoiding affiliation under the SBA’s ostensible subcontractor rule can be difficult, especially since the ostensible subcontractor rule itself, 13 C.F.R. § 121.103(h)(4), does not provide many examples of the factors that may cause ostensible subcontractor affiliation.
A recent decision of the SBA Office of Hearings and Appeals, Size Appeal of InGenesis, Inc., SBA No. SIZ-5436 (2013), demonstrates that even when a proposed subcontractor will play a major role in the procurement, ostensible subcontractor affiliation may be avoided if the parties carefully structure their relationship.
The SBA 8(a) mentor-protege affiliation “shield” does not prevent a mentor and protege from being affiliated under the so-called ostensible subcontractor rule, according to a recent decision of the SBA Office of Hearings and Appeals.
In Size Appeal of InGenesis, Inc., SBA No. SIZ-5436 (2013), SBA OHA held that the broad exception from affiliation for 8(a) proteges and their mentors does not prevent the SBA from deeming the companies affiliated under the ostensible subcontractor rule.