3. Tools For Each Steps
Strategy
Focus
Process
Competition
Teaming
Relationships
Marketing
3
4. What You’ll Learn
Defining Fit:
What Primes Really Want
Determining Fit:
Creating Your Checklist
Teaming Types
Teaming Agreements & Beyond
Building Fit:
The Meeting & Briefing Toolkit
5. What Is a Small Business?
SBA Size classifications:
– Small
– Other Than Small
Varies by NAICS
– Average annual receipts over 3 years or
– average number of employees over 12 months.
– You pick your NAICS, but . . .
– . . . The Contracting Officer (CO) assigns the
NAICS that sets the size criteria for that
procurement.
6. Why Size Matters
Affiliation
– Can disqualify companies for “set asides” due to
partners’ combined size.
– Locations / industries irrelevant.
– One business has real/apparent power/control over
another. 13 C.F.R. § 121.103.
– Prime is an Ostensible Subcontractor
Ostensible subcontractor
– Subcontractor performs primary/vital requirements of
prime contract. Business are considered to be affiliated.
8. Why Team?
Leverage SBA affiliation rules
Increase competitiveness
Reduce risks & costs
Gain past performance
Address licensing / certifications / bonding
Access contract vehicles (Large & small)
Meet small business / subcontracting goals
Ensure local roots
9. Teaming By The Numbers:
76 – 54 – 8 - 62
Large to Small
Small to Small
Large to Large
Complex Teams
10. 2011 3-Year Bidding:
Down 50% From 2007
2011 VIP® Survey: Trends in Federal Contracting for Small Businesses
11. 3-Year Win Rates Down
(Prime and Subcontracts)
2011 VIP® Survey: Trends in Federal Contracting for Small Businesses
12. Benefits: To “Big” Businesses
Meet small business subcontracting goals.
Access “set aside” contracts
Project-based access to niche expertise
– Keep focused on core competencies.
– Get essential expertise @ variable cost
13. Benefits: To Small Businesses
Access set asides and niche expertise.
Contracts are becoming more complex, larger
(“bundling”) and geographically dispersed. A small
business by itself may not have the resources to do
the whole job.
Build past performance & reputation by association
Economies of scale: More purchasing power
Easier access to capital and bonding.
15. Pre-Teaming: Gap Analysis
Can you go it alone? Go for it!
Requirements exceed your core competencies?
Gap analysis to pick partners.
RFP My Capabilities My Partner
Agency Needs: I Have: Must Have:
A. = A. + a.
B. B. b.
C. c. C.
D. D d.
E. E. e.
29. Partners Look For…
What business you bring
Where can you take them? Buyer contacts
Core capabilities & differentiation
Past performance & reputation
Price, financial strength
Personnel experience & low turnover
Location
Dependable, responsive team player
31. What Can You Bring?
New Task Orders on Incumbent Business
New Projects You Can Help Them Win
Solutions to Known Problems
Contacts You Can Offer
Benefits For Their Clients
Track Record On Relevant Past Projects
Cleared Staff
Location
33. Teaming in Federal Contracting
FAR Subpart 9.6
– An agreement:
between two or more companies to form a joint venture or
partnership to act as a potential prime contractor (JV model);
or
between a prime contractor and one or more companies
proposed to act as subcontractors under a particular
Government contract or acquisition program (prime/sub
model);
– Entered into prior to the submission of a proposal in
response to an RFP; and
– Must be recognized if disclosed in a proposal, or after
contract award if approved before becoming effective.
– Temporary, not permanent
34. Other Key Teaming Concepts
Project-specific is typical
Mentor – Protége: Expanding!
– Contingent & Non-Contingent
8(a) & MP Programs under review
35. The Big Four Teaming Types
Prime Contractor / Subcontractor
Joint Venture
Mentor – Protégé
General Services Administration (GSA)
Contractor Teaming Agreement (CTA)
Others: Licensing, distribution, coop R&D
36. Prime Contractor/Subcontractor
Most common
Prime has direct contact and responsibility
(privity) with the government
Prime is in control
– Wants flexibility (vs. subcontractor desire for
guarantees)
Subcontract might require review by
contracting officer and/or finalization prior
to the final offer to the government.
37. Prime Contractor/Subcontractor
FAR clauses that can “flow down” to the sub:
Mandatory: FAR requires these. Often public policy (e.g. equal
opportunity, drug-free workplace)
Advisory: Included to protect the prime. (e.g., termination for
convenience, changes)
Negotiable: Situational usage / Discretionary
Read, Review, Reflect…and be ready to Revise or Reject.
Understand compliance & costs.
Get Legal Advice, Early & Often.
38. Prime Contractor/Subcontractor
A Small Business must perform a minimum
work percentage for set-asides:
– Service: > 50% of the cost of the work.
– Supplies: > 50% of the manufacturing costs,
excluding materials
– General construction: > 15% of the costs,
excluding materials.
– Specialty construction: > 25% of the costs ,
excluding materials.
39. Mentor - Protégé
Experienced contractor assists a less
experienced small business.
Mentors benefits can include:
– Management, financial and/or technical
assistance
– Loans and/or equity (40% limit) investments.
– Cooperation on joint venture projects
– Opportunities to subcontracts under its prime
contracts
40. Mentor - Protégé
Mentor benefits can include:
– Credit toward subcontracting goals
– Financial reimbursement
Common Mentor Requirements
– Might be large or small
– Capability & commitment to assist Protégé
– Profitable the last two years
– Knowledgeable in government contracting and
in good standing
41. Mentor - Protégé
Protégé requirements vary by program:
– Must be a small business
– Some require socio-economic designation.
– MP programs include: SBA , Army, DHS, DOE,
FAA, NASA, HHS, State Department, Treasury
Department, DOD, GSA
Cost Reimbursement / Credit Varies
– DoD Programs often cost-reimbursed
– Civilian agency programs usually credit-only
42. A Word On Mentor-Protégé
“Give Me
Your Car
Keys.”
John Long, VP Business Development,
Civil Systems Division, Northrop Grumman
43. Joint Venture
Limited purpose partnership. Each party
liable to government & 3rd parties.
Can be JV agreement or new legal entity
– e.g. LLP/LLC/Corp, DUNS, CCR, ORCA, banking
– JV partners “affiliated” for size classification.
Qualified SDVOB, 8(a) and Mentor – Protégé
JV’s may be exempt from affiliation, based
on size of contract and sizes of participants
44. Joint Venture
Must be approved before proposal submitted
– Size eligibility: FAR 19.101(7)(i)
– Defines how partners share work, risk,
responsibility, profits
Each party has privity with the government
3/2 rule: JV can do up to 3 proposals in 2 years
Agencies may have preferred
JV arrangements / forms. Ask!
45. GSA Contractor Teaming
Arrangement (CTA)
GSA schedule contractors create joint
turnkey offering that neither could provide
alone.
Not a subcontract or JV: Each contractor
has privity. No new legal entity is formed.
Note: Non-schedule holders can’t do a CTA, but may
subcontract to schedule holders using traditional
subcontracts.
More
:
46. When Teaming Becomes
Affiliation
FAR & SBA Definitions
Key Concept: Control
– direct or indirect; actual or potential; mutual or
third party
– Ownership (eg voting, stock, options, trusts)
– Management or common facilities
– Contracts (JV, franchise, licensing, teaming)
References: FAR Subpart 19.1 & SBA 13 C.F.R 121.103
GCME: p 115
48. The Teaming Agreement (TA)
Private contract between two or more parties
governed by contract law & Uniform Commercial Code
– Interim agreement
– Superseded by negotiated post-award contract
Post 2010, law requires
– Bid-win-perform on subcontracting plans
– 90 day payment accountability to subs
Terms & obligations govern relationship of the parties.
Enforceability requires specificity & clear statements.
49. Nondisclosure Agreement (NDA)
Precursor / support for teaming
– Defines proprietary or confidential information
and exclusions
– Provides the purpose for disclosure
– Limits use by teammates and disclosure to 3rd
parties
– Protects existing client and vendor relationships
– “One-way” or “two-way”
Read theirs. Draft yours.
Get Legal Help.
More
:
50. Other Potential
Non-Binding TA Precursors
On-Ramps from discussions to a TA
Letter of Intent (LOI)
Memorandum of Understanding (MOU)
Memorandum of Agreement (MOA)
Agreement to “explore the relationship”.
E.G.: issues to be addressed in TA,
minimum binding terms, key points
51. Mini-Case #1
Agency publishes RFP
Your past performance covers 4 out of 6
mandatory requirements
Your company holds a GSA Schedule
Contract is set aside for HUBZone
Your company is WOSB/SDVOB
– Would you bid solo, or team?
– If team, what kind & why?
– What else would you want to know?
55. Building Fit:
The Meeting & Briefing Toolkit
1. Market Research Essentials
2. The Unique Value Proposition
3. The Tailored Capability Statement
4. Six Simple Slides in 600 Seconds
5. The Follow-up Sweet Spot
56. Pre-Teaming:
Find The Business
Example Notes Reactive Proactive
>$25K open/awarded & pre-
√ √
solicitation info
Prime subcontracting needs √
Procurement forecasts √
Subcontracting directory &
√ √
procurement forecast
DOD subcontracting plans √ √
Procurement histories √
Shows, publications,
Other matchmaking, prime √ √
websites, industry days
58. Typical Research Questions
Which agencies’ problems do I solve?
When do current contracts expire?
What contract vehicles do they like?
What set-asides do they favor?
Who are the incumbents / competitors?
How soon do I position for teaming?
Who are “small” partners / competitors?
60. Unique Value Proposition
Concise appeal
In your audience’s language,
Focused on their needs, problems, issues.
What solution
"Our interactive 3D maintenance training aids allow
Helps who
people who maintain and repair military equipment
Do what to accelerate learning in complex equipment, thus
enabling first-time-right repairs and
To solve what optimizing operational readiness
problems? at a lower cost."
61. Basic Capability Statement
Core Competencies
Past Performance
– Prime, Sub, or Commercial
– Relevant Projects, Value, POC
– Contract Vehicles
Unique Value Proposition / Differentiators
Company Data
– Revenue, Employees, Locations, DUNS, Certifications, NAICS
Contact Information
61
62. Tailored Capability Statement
Your Contact’s Top Needs
Relevant Past Performance, UVP
Suitable Contract Vehicles
Project-Specific References
63. Capability Briefing:
Six Simple Slides
Who You Are Core Capabilities The Opportunity
Basic Company Info 1. Specific
2. agency, project
3.
4.
Unique Value Past Performance Meeting Objectives
Proposition
Show where you’ve
done it before
GCME p. 128
64. The Follow-up Sweet Spot
Were these the right people?
– Today?
– Referral to someone else?
Apathy Pestilence
What questions remain?
– Yours
– Theirs
When & how to follow-up?
Need more materials?
Got everyone’s card?
65. Avoid Five Top Teaming Traps
Be selective.
Do your homework.
Read rules & seek SBA guidance.
Use a teaming agreement.
Bring business.
66. Due Diligence Resources
Open (Victory In Procurement) Forum: Government Contracts
www.openforum.com/governmentcontracting
Past Performance Information Retrieval System http://www.ppirs.gov/
Open Ratings http://openratings.com/
Excluded Parties List System https://www.epls.gov/
D&B PAYDEX https://www.dnb.com/product/ptpsampl.htm
Uniform Commercial Code
http://en.wikipedia.org/wiki/Uniform_Commercial_Code
67. Teaming Agreement Resources
DOD Guidebook for Facilitating Small Business Teaming Arrangements
www.acq.osd.mil/osbp/docs/dod_OSBP_Guidebook_for_Facilitating_Sm
all_Business_Team_Arrangements.pdf
SBA Table of Small Business Size Standards
www.sba.gov/sites/default/files/Size_Standards_Table.pdf
Teaming Agreement Enforceability
http://www.whaylaw.com/Teaming_Agreement_Enforceability.htm
Non-Disclosure Agreements
http://www.bitlaw.com/forms/nda.html
http://www.wipo.int/sme/en/documents/disclosing_inf.htm
68. Mentor-Protégé & CTA Resources
SBA Mentor – Protégé Program
www.sba.gov/content/mentor-prot%C3%A9g%C3%A9-program
DoD Mentor-Protégé Program
http://www.acq.osd.mil/osbp/mentor_protege/
GSA Contractor Teaming Arrangement
http://www.gsa.gov/portal/content/200553
69. What You Learned
Defining Fit:
What Primes Really Want
Determining Fit:
Creating Your Checklist
Teaming Types
Teaming Agreements & Beyond
Building Fit:
The Meeting & Briefing Toolkit