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 - - 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
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
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.
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
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.
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
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?
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
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
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)
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
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.”
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
Adequate bonding Adequate financing Technical expertise Experience in similar requirements Access to specialized/required
equipment
Access to appropriate facilities Appropriate management Adequate Labor
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
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
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….
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
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
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.
Perform vital requirements of a
contract
Prime contractor is unusually reliant Contract management Technical responsibilities Percentage of subcontracted work Bonding assistance Incumbent contractor
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
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
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
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
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
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)
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
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.
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
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
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
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
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;
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).
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;
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.
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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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
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
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
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
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
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
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
- rtionate
- nate share
are of JV employ loyees es
?
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- vcontractors.
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- rg