Teaming: ing: Two or more companies coming together to pursue and - - PowerPoint PPT Presentation

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Teaming: ing: Two or more companies coming together to pursue and - - PowerPoint PPT Presentation

Teaming: ing: Two or more companies coming together to pursue and fulfill a government project Each company keeps their separate identity The companies enter into a formal teaming agreement (a form a partnership agreement


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SLIDE 1
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SLIDE 2

 Teaming:

ing:

 Two or more companies coming together to pursue

and fulfill a government project

 Each company keeps their separate identity  The companies enter into a formal teaming

agreement (a form a partnership agreement recognized by the government for the purpose of the project at hand)

 One company has to be the prime and other

companies are subcontractors

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SLIDE 3

 Joint

nt Venture ture (JV) V):

 Two or more companies coming together to pursue

and fulfill a government project

 The companies form a new LLC or corporation for

the specific purpose of fulfilling the contracts won

 Example: Company A & Company B forming a new

company called AB, LLC. The new company acts as the prime.

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SLIDE 4

4

End Users Large Primes Small Businesses Contracting Officers Small Bus Advocates Contractors Vendors Gov’t Dept.

Large companies – sub goal 35% Become a subcontractor to large companies Required to have Small Business Program SBLO = Small Bus. Liaison Officer Diversity Manager Subcontracting Manager Mentor Protégé relationships Teaming/JV CO = Contracting Officer KO = Contracting Officer PCO = Procurement C.O. TCO = Termination C.O. ACO = Administrative C.O. C.S. = Contracting Specialist COR = Contracting Officer Representative COTR = C.O. Technical Representative FPO = Federal Project Officer GSA = General Service Administration DLA = Defense Logistics Agency Government Agencies Agency is the Customer with a need Program managers, buyers, procurement departments, etc Limited contracting authority-typical <$25K Example: CDC, HHS, DOD, GSA, State, Cities, Local Municipalities, etc SBS = Small Bus. Specialist SADBUS = Small and Disadvantaged Bus. Utilization Specialist OSDBU = Office of Small Disadvantaged Bus. Utilization SBA B.O.S. = Bus Opportunity Specialist (8a Program) Build Contracting Department Staff: Proposal writer, Capture Manager, Relationship manager, Contracting Spec, Research team, Cost estimator/CPA, Admin. Hire former KO Invest in Consulting firm Utilize GCA Coaching Program Teaming Alliances with certified companies: WOSB, SDVOSB, 8a, HUBZone, Section 3, VOSB, WBE, DBE, MBE, etc. Similar industries, goals, ethics, vision, mission, etc. About 70% of all contracts require collaboration/teaming, subs, etc It’s about Co-opetition Cooperating with your competitors

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SLIDE 5

 Use of carefully structured teaming

agreements for subcontracts, joint ventures and strategic alliances can allow companies, especially small businesses, to expand their documented capabilities and the pursuit of projects well beyond their normal capabilities.

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SLIDE 6

These hese are relat atio ionships ships betwee ween n two wo or more re parties ies to pursue sue a set of agreed eed upon

  • n goals

als or to meet et a critic ical al need eed while hile remain mainin ing g indepen dependen dent. . Format

  • rmatio

ion usua uall lly progr gres esses ses in stages ges simil milar ar to these: se:

 Netwo

tworking king & T Target get Oppor portu tunitie ities

 Identific

entificat atio ion

 Str

trategy ategy Develo velopmen pment

 Partne

ner Asses essme sment

 Agreed

eed Assign gnmen ent t of Roles

  • les & Respo

ponsibi ibili liti ties es

 Con

  • ntract

tract Negotia gotiati tion

 Alli

lian ance ces in Opera eratio ion

 Termi

rminat atio ion of Alli lian ance ces

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SLIDE 7

 If all is goin

ing g well ll with th cur urren ent t busin iness ess, , why hy chan hange? ge?

 Are our

ur core re compet

  • mpeten

encie cies compa

  • mpatible

tible with h ta targeted geted marke ket? t?

 Do we have

e ve verifi fiable able posit itiv ive e past performa

  • rmance

ce?

 Do we have

e the criti tica cal l oper erat atio ional al resour

  • urces?

ces?

 Is our

r firm m adequ quat ately ely capit itali alized ed and d do we have e acce cess s to out utside side fi finan nancia cial l resourc

  • urces as necess

ecessar ary?

 What

hat are our r con

  • nstr

train aints? s?

 What

hat can an other hers s offer er to improve rove our ur competit

  • mpetitive

ive positio sitionin ing? g?

 Do we have

e the right ht people

  • ple and

d commu

  • mmuni

nicativ cative e abili liti ties es needed eeded to defin initize itize our r agreem eements nts ve verball bally and d formal rmally ly in writi ting? g?

 Have

ve we cons

  • nsider

idered ed our ur needs eeds for legal al guidan idance e and d assist stance? ance?

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SLIDE 8

 Teaming

ing Agr greements ents in in ge general al happen pen when n part rtie ies s enter r in into arr rrangem gement ent in in wh whic ich: h:

 Two or

  • r m

more compani anies es form m a p partnershi ership p or join int vent ntur ure e to a act as a p potent ntia ial l prim ime* * contracto tor; ; or

 A po

potential tial pri rime* e* co contra ract ctor

  • r agr

grees s wit ith one or r more other companies anies to ha have e them act as it its subc bcontr ntrac actors

  • rs unde

der r a sp specifie ified d commer ercia ial l or go govern rnment ment co contra ract ct or a r acq cquisitio isition n pro rogr gram. m.

 *O

*Or a a hi high gher er tie ier subc bcontr ntrac actor

  • r
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SLIDE 9

 Cri

ritical tical issues ues ma may in y include: clude:

 Conf

nfidentia identiality lity

 Exclusivity

clusivity

 Good

  • d-faith

faith negoti gotiations ations

 Wi

Withdrawal hdrawal fr from m the e team am

 Documen

cument t ownership wnership

 Fina

nancial ncial Respo ponsibilities nsibilities

 Post

st-Award Award Responsib sponsibilities ilities

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SLIDE 10

Formal maliz izes es the relatio tionshi nship p between een the team members bers an and normall mally y shoul uld d ad address: ess:

 Proposal

posal prepar aration ation & s & submi bmittal ttal responsibi

  • nsibiliti

lities es

 Purpose,

pose, Requireme rement(s) nt(s) Pursui rsuing ng or Solicita citatio tion( n(s) s)

 SOW

OW/Deliver Delivery y tas asks ks iden entifi tified ed upon

  • n co

contra tract ct aw awar ard

 Protection of team members’ proprietary information  Adheri

ring ng to terms ms and co condi ditio tions ns

 Re

Responsibil nsibilitie ities s for dai aily y man anage agement ment af after erawar award

 Ob

Obligati gations

  • ns to negotia
  • tiate

te in good

  • d faith

h after r award

 Excl

clusiv usivity ity prote tections ctions for all partie ies s to ensur ure e no team m membe embers rs will ac act as as both h tea eam m membe embers rs an and co compe mpetit titor

  • rs

s utiliz izing ing other her firms ms on the same e targe get(s t(s)

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SLIDE 11

Some e things ngs to look k for when ch choosing

  • sing a

tea eami ming ng par artne ner: Clarity ity of Communicati mmunication

  • n &

& Commi mmitment tment Proposa

  • posal

l skills lls Positiv sitive e cl client ent stan anding ding Compl mplimentar imentary y not co compe mpetit titive ive Busine iness ss acu cumen men & e & ethic ics Due e diligen ence ce ev eval aluation uation - “Trust, but Verify” Strengthen ngthens s our presentation ntation to Client Adds s ca capabili bilitie ties s to deliver iver on time me within in budget get

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SLIDE 12

Jo Joint t Ventu ture re (JV JV)

“An agreement between an eligible 8(a) participant and one or more other business concerns to establish a new entity solely for the purpose of performing no more than three contracts over a two year period.”

CAPACITY PACITY

“The overall ability of a business to meet the quality, quantity and time requirements of the contract.”

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SLIDE 13

 8(a)

) firm m lacks ks the capacity city to perform form the contract ntract in indepe dependently ndently

 Joint

nt Venture ture (JV) V) arrangement gement is fair and equita uitable ble

 JV will

ll be of substant tantial ial bene nefit fit to the 8(a) ) firm

 8(a)

a) fir irm m brings ings some mething thing of va valu lue e to the JV othe her r than n 8(a) ) certification tification

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SLIDE 14

 Adequate bonding  Adequate financing  Technical expertise  Experience in similar requirements  Access to specialized/required

equipment

 Access to appropriate facilities  Appropriate management  Adequate Labor

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SLIDE 15

 Size Counts:

  • Small Business Set-Asides and 8(a) Procurements

 JV must meet applicable size standard of

the solicitation

 A large business cannot be a JV participant

  • n a Small Business or 8(a) Procurement
  • One exception: 8(a) Mentor Protégé Program
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SLIDE 16

 Each concern must be small for the

procurement

 The size of at least one 8(a) participant to the

JV must be less than one half the size standard of the size standard for the applicable NAICS code for the procurement; and

 Revenue based size standard – procurement

must exceed half the size standard for the applicable NAICS Code; or

  • r

 Employee based size standard – procurement

exceeds $10.0 Million

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SLIDE 17

Jo Joint nt Ve Vent ntur ure = Af = Affil filiation iation

 13 CFR 121.103(h)(2) In joint ventures, the

joint venture partners are affiliated with regards to that procurement, and the revenue/employees will be combined to determine size, unless….

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SLIDE 18

13 13 CF CFR R 12 121. 1.10 103( 3(h)(3) 3) an and 13 13 CF CFR R 12 124. 4.51 513( 3(b):

JV partners will not be found affiliated if: Each concern is small, provided that at least one 8(a) Participant to the joint venture is less than one half the size standard of the applicable NAICS code; and

(1)

The procurement is a bundled procurement; or

(2)

The procurement is not a bundled procurement, and

(a) Revenue based size standard: the dollar value of the procurement, including options, exceeds half the size standard of the applicable NAICS Code (b) Employee based size standard: dollar value of the procurement, including options, exceeds $10 M

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SLIDE 19

Mentor

  • r Protégé

gé Program am Except eptions ions 13 CFR 121.10 103( 3(h)( h)(3) 3)(ii (iii) i) and 124.5 .513 13(b) (b)(3 (3): ):

 Approved mentor protégé firms under 13 CFR

124.520 may JV as small, provided:

  • the protégé qualifies as small for the

procurement; and

  • if an 8(a) sole source procurement, protégé has

not met the dollar limit

  • Revenue based NAICS -Five times size

standard or $100,000,000 whichever is less

  • Employee based NAICS - $100,000,000
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SLIDE 20

 Joint ve

venture e entity y can receive ive no mo more tha han n thr hree awa wards rds ov

  • ver a

two wo year r period iod.

 A c

contra ract ctor

  • r and its ostensible

sible subco cont ntract ractor

  • r are treated

ted as joint t ve vent ntur urers, rs, and nd the herefor fore affil ffiliates iates, , fo for size determina mination tion purpose poses. s.

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SLIDE 21

 Perform vital requirements of a

contract

 Prime contractor is unusually reliant  Contract management  Technical responsibilities  Percentage of subcontracted work  Bonding assistance  Incumbent contractor

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SLIDE 22

 Purpose  8(a) firm as managing venturer  51% of net profits to 8(a) firm if

separate legal entity (if not, profits commensurate with work performed)

 Special bank account  Itemization of resources  Commitment to ensure performance

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SLIDE 23

 Quarterly financial statements  Project-end financial statements  Performance of work  Responsibilities of parties  Ways parties to JV will ensure 8(a)

partners will meet 40% performance requirement

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SLIDE 24

 SBA must approve amendments in

advance

 SBA may inspect records  Maintenance of accounting and

administrative records by 8(a) firm

 Employee of 8(a) firm as project

manager

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SLIDE 25

 Limited to three awards over two years  Clarifies partners can form second JV  May or may not be a separate legal entity  JV is unpopulated (pass through to partners)  8(a) firm must perform at least 40% of the work

done by the joint venture

 Must be more than administrative or ministerial

functions

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SLIDE 26

 8(a) firm must demonstrate it will gain from

performance of the contract

 Must show how performance will assist in its

business development

 Non-8(a) JV partner or affiliates may not act

as a subcontractor without AA/BD approval

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SLIDE 27

 JV must demonstrate 8(a) firm controls the JV  8(a) firm must own at least 50% of the JV (51%

if separate legal entity)

 8(a) firm must receive profits commensurate

with work performed (51% if legal entity)

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SLIDE 28

 Once a JV is approved by SBA for one

contract, a second or third 8(a) contract may be awarded to that JV with an SBA approved addendum to the JV.

 Addendums must be approved prior to award

  • f successive 8(a) contracts
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SLIDE 29

 8(a) firm must submit performance of work

reports.

 With annual update, 8(a) firm must explain

how performance of work requirements are being met for each 8(a) contract during that year.

 At contract completion, must submit report

explaining how performance of work requirements were met.

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SLIDE 30

 May or may not be separate

arate legal entity ity

 8(a)

) firm Manag naging ing Ventu nturer rer

 8(a)

) firm must t perf rform

  • rm 40% of the work

perf rformed

  • rmed by the JV

 Pr

Projec ject t manager ager employed

  • yed by 8(a) firm

resp spons

  • nsibl

ible e for perfo rforman rmance ce of the contrac tract

 8(a)

) firm receive ive profits fits commensurate nsurate with wo work perform formed ed

 JV partners

tners demons

  • nstrate

trate how perfo rforman rmance ce requirem uirements ents will be met

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SLIDE 31

 All work done by non-8(a) JV partner and

affiliates will be counted

 If non-8(a) partner seeks to do more work

  • Must

t be done ne thro rough gh the JV

  • 8(a) firm

rm must t perf rform

  • rm addi

ditional tional work rk to meet 40% perf rform

  • rmance

ance requir quirem ement ent

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SLIDE 32

 20 working

ing days s before

  • re bid date

e or 20 working ng days s prior

  • r to award

rd

 8(a)

) parti tici cipant ant manag aging ing partn rtner er or lead ve venturer turer

 Appro

roved ved by SBA prior

  • r to contract

ract award rd

 Prior

  • r appro

roval val by SBA on amend ndments ments, , modific icati ations

  • ns, extensi

nsions

  • ns, addendums

endums

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SLIDE 33

 Letter

er from 8(a) ) part rtic icipan ipant t contents ents requirem uirements: ents:

  • What

at 8(a) part rticipant icipant lacks cks in capaci city/capabili ty/capability ty

  • Sp

Speci cific fic benefits efits 8(a) fir irm m will ll gain in

  • How

w benefits efits wil ill l affect ect the 8(a) fir irm

  • What

at resourc sources es 8(a) fir irm m bri rings gs to the JV

 Supplem

lemental ental informat rmation ion required uired

  • Checklist

ecklist

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SLIDE 34

A.

  • A. The Jo

Join int Ve Ventur ure e appli licant cants s must st subm bmit it the foll llowin ing g ge genera ral l id identifying tifying in inform rmatio ation: n:

 The name of the Joint Venture (the new

entity);

 The EIN of the Joint Venture;  The business credit report (formerly the

DUNS) number of the Joint Venture;

 The names of the firms participating in the

Joint Venture;

 Verification the Joint Venture entity is

registered in SAM and SBSS/DSBS;

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SLIDE 35

 For each firm involved in the Joint Venture,

submit:

 The primary industry of the firm;  The current capabilities of the firm;  A brief description of the history of the firm;  SBA Form 355 (Application for Small Business

Size Determination); and

 SBA Form 1623 (Certification Regarding

Debarment, Suspension and other Responsibility Matters).

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SLIDE 36

 The 8(a) participant(s) must demonstrate:  What it will gain from performance of the

contract; and

 How such performance will assist in its

business development. B. B. The Joint t Venture nture appl plic icants ants must t submi bmit t a descri scripti ption

  • n of the project

ject that at includes: udes:

 Customer agency;  Size and dollar value of project;  Type of project (general construction,

janitorial, etc.);

 Expected award date for the project;

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SLIDE 37

 Duration of project and requirements for

performance;

 Draft or final copy of bid proposal or offer;  An analysis (prepared by the Joint Venture

participants) of the project that describes the anticipated cash flow, personnel, equipment and facility requirements;

 A copy of the Statement of Work; and  The procurement's FedBizOpps synopsis.

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SLIDE 38

 C.

  • C. For non-8(a)

8(a) part rtic icipan ipants, ts, the Joint t Ventu nture re applicants cants must st submit it:

 The number and value of contracts in the

same NAICS code as that assigned to the procurement;

 Relevant experience and professional

licenses, etc.; and

 Details of all previous Joint Ventures with 8(a)

firms, including the names of all participants in those JVAs.

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SLIDE 39

D.

  • D. Each

h 8( 8(a) Joint nt Ven entur ture e parti ticip cipant nt mu must t indic icate ate the effect ct the JVA and d the contract ract awa ward rd wi will have ve on their ir perfo rformance rmance of ex existing ting contrac racts ts in ter erms ms of the e followi wing: ng: Cash flow;

 Personnel;  Equipment; and  Facilities.

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SLIDE 40
  • E. The Joint

nt Venture ture appli licants cants must st outline ine the e distributi tribution

  • n of profi

fits ts for the e Joint t Ven enture ture and d must t demonstrate

  • nstrate that

t the combined ined 8(a) ) part rtic icipants ipants wi will receive: ive:

 If a separate legal entity, at least 51 percent

  • f the profits earned by the Joint Venture; or

 If not a separate legal entity, profits

commensurate with the work performed by the 8(a) participant.

  • F. The Joint

nt Ventur ture e appli licants cants must st demonstrate

  • nstrate that

t the Joint nt Venture nture meets ts the relevan evant size e requ quirement irements. s.

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SLIDE 41
  • G. Th

The e Joint t Ven entu ture re appl plicant cants s mu must t analyze lyze the perc rcen entage ages s of wo work to be perf rformed

  • rmed by

each h firm and d each h subco bcontractor.

  • ntractor. See

See 13 CFR 12 124. 4.51 510, 0, 12 124. 4.51 513(d); 3(d); 12 125. 5.6. 6.

 The Joint Venture applicants demonstrate that

the 8(a) partner(s) to the joint venture will perform 40% of the work performed by the joint venture.

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SLIDE 42
  • H. Th

The e Joint t Ven entur ture e appl plicant cants s must st subm bmit it the following ng financ ancial ial information rmation and d certif ific ication ations: s:

 Documentation indicating the establishment and

administration of a special bank account in the name of the Joint Venture.

 Amount and percentage of capital that each venturer is

contributing;

 Three years of signed company year end financial statements

and federal tax returns for each participant; and

 Where appropriate, evidence that the Joint Venture has

sufficient bonding.

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SLIDE 43
  • I. Th

The e Joint t Ven entur ture e appl plicant cants s mu must st subm bmit it the e followi wing ng employee

  • yee information:

rmation:

 A list of the employees needed to perform the

project (by position, type and number in each category);

 The number and skills of employees supplied

to the Joint Venture by each venturer; and

 A brief description of the hiring and

employee management responsibilities of each venturer.

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SLIDE 44
  • J. The Joint

nt Ventur ture e appli licants cants must st sub ubmit it the followi wing ng concerning erning project

  • ject ma

manageme agement nt and d administ inistra ratio ion: n:

 An explanation of how project management will be handled

(the managing 8(a) participant must maintain project management control);

 An explanation of the specific responsibilities of the parties

with regard to contract performance, source of labor and negotiation of the 8(a) contract; and

 A breakdown of work tasks to be performed by each joint

venturer.

 A breakdown of ways the 8(a) partner(s) will meet the

performance of work requirements. The work performed by the 8(a) partners must be more than administrative or ministerial functions so that they gain substantive experience.

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SLIDE 45
  • K. The Joint

nt Venture ture appli licants cants must st also

  • submi

bmit: t:

 A statement certifying that all the required

provisions have been incorporated into the JVA, as set forth in 13 CFR 124.513(c);

 A statement certifying that the provisions of the

JVA are fair and equitable and will substantially benefit the 8(a) participant along with an explanation demonstrating this; and

 A statement certifying that the 8(a) participant will

bring substantial value to the Joint Venture in terms of resources and expertise other than 8(a) status.

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SLIDE 46

L.

  • L. The managing

aging 8(a) ) part rtic icipant ipant must t submi bmit t a let etter er wh which h includes udes the e followi wing: ng:

 What the 8(a) participant lacks in capacity

and/or capability which makes the Joint Venture necessary for project performance.

 What specific benefits the 8(a) firm will

receive from participation in the Joint Venture (in addition to contract revenue).

 How these benefits will affect the 8(a) firm.  What resources the 8(a) participant will bring

to the Joint Venture.

slide-47
SLIDE 47

 Does JV fit business development needs of

8(a) firm

 Purpose of the JV  Specific benefits to be gained by the 8(a) firm  Specific resources 8(a) firm lacks  Ensure JV partner provides missing capacity  Analysis of size of participants and JV  Finances and cash flow  Any affiliations  Percentage of ownership

slide-48
SLIDE 48

 Number and skills of employees provided to JV  Type and value of equipment contributed  Number and value of contracts received  Relevant expertise or professional licenses  Compliance with business activity targets  History of JVs  Breakdown of work tasks  Impact of JV on performance of existing contracts

in terms of:

  • Cash flow
  • Personnel
  • Equipment
  • Facilities
slide-49
SLIDE 49

 All required provisions are incorporated  All provisions are fair and equitable to the

8(a) firm

 Whether JV is for substantial benefit of 8(a)

firm

 Specific resources 8(a) firm brings to JV  Recommendation

slide-50
SLIDE 50

 Prior

  • r appro

roval val required uired

 Must

st includ ude e specif ecifics ics on new w contrac tract: t:

  • Customer agency
  • Size and dollar value of project
  • Type of contract and applicable NAICS
  • Expected award date
  • Duration of project
  • Copy of statement of work

 Must

st spec ecify fy respo sponsibi nsibilit ities ies of parti ties: es:

  • Contract negotiation
  • Source of Labor
slide-51
SLIDE 51

 Must

st includ ude e perfo rforman rmance ce requirem uirements: ents:

  • Breakdown of work tasks to be performed by each

JV partner

  • Demonstrate how performance requirements will be

met

 Must

st includ ude e breakdow eakdown n of person rsonnel: nel:

  • List of employees needed to perform the project
  • Number and skills of employees provided by each

JV partner

 Must

st includ ude e equip uipment ent and facilities ies needed eded:

  • Breakdown of equipment provided by each JV

partner

slide-52
SLIDE 52

 Performance of work reports for JV contracts:

  • 8(a) firm

rm must t descr crib ibe e how it is meeti ting ng/has /has met the perf rfor

  • rma

manc nce of work rk requi quirement ements

  • As

As part rt of annual ual review, view, 8(a) fir irm m must t explain lain how w the perf rform

  • rmance

ance of work rk requirements quirements are e being ing me met

  • At

At contrac ntract t completion pletion, , 8(a) firm rm must t submi mit t report port expl plaining aining how w perf rformance rmance of work rk requir quirements ments were re met

  • Requi

uired red for

  • r each

h contact tact awarde rded d to a JV

slide-53
SLIDE 53

 Financial Statements and Tax Returns

  • Each

h JV part rtner ner must t incl clude ude in its s receipts eipts its s prop

  • porti
  • rtionate
  • nate share

are of JV receipts eipts

  • Each

h JV partner rtner mu must t incl clude ude in its s total al number mber of empl ployee

  • yees,

s, its s prop

  • porti
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