Enviar pesquisa
Carregar
Teaming, Joint Ventures & Mentor Protege
•
Transferir como PPTX, PDF
•
0 gostou
•
619 visualizações
NC Military Business Center
Seguir
Negócios
Tecnologia
Denunciar
Compartilhar
Denunciar
Compartilhar
1 de 12
Baixar agora
Recomendados
Employees are Assets
Employees are Assets
rhinsch25
2013 succession planning business structures sq
2013 succession planning business structures sq
Miriam Robeson
Condo Insurance Agency in Columbia County
Condo Insurance Agency in Columbia County
Calvinarnold843
Home insurance made simple
Home insurance made simple
Tolga Demirel
12 labor
12 labor
pin2dev
Maximizing Your Veteran-Owned Business Alliances: Joint Ventures & Teaming
Maximizing Your Veteran-Owned Business Alliances: Joint Ventures & Teaming
Denver Metro Small Business Development Center
Joint Ventures and Teaming Agreements in Federal Contracting
Joint Ventures and Teaming Agreements in Federal Contracting
Andrea Contres Moore, MBA
Growing your business through Strategic Partnerships
Growing your business through Strategic Partnerships
Simone Sander
Recomendados
Employees are Assets
Employees are Assets
rhinsch25
2013 succession planning business structures sq
2013 succession planning business structures sq
Miriam Robeson
Condo Insurance Agency in Columbia County
Condo Insurance Agency in Columbia County
Calvinarnold843
Home insurance made simple
Home insurance made simple
Tolga Demirel
12 labor
12 labor
pin2dev
Maximizing Your Veteran-Owned Business Alliances: Joint Ventures & Teaming
Maximizing Your Veteran-Owned Business Alliances: Joint Ventures & Teaming
Denver Metro Small Business Development Center
Joint Ventures and Teaming Agreements in Federal Contracting
Joint Ventures and Teaming Agreements in Federal Contracting
Andrea Contres Moore, MBA
Growing your business through Strategic Partnerships
Growing your business through Strategic Partnerships
Simone Sander
Bid Protests Briefing
Bid Protests Briefing
NC Military Business Center
Debriefs and Protest Process
Debriefs and Protest Process
NC Military Business Center
Mand a toolkit due diligence
Mand a toolkit due diligence
chrisdoran
Starting a Franchise | Jones Day | Doing Business 2.0
Starting a Franchise | Jones Day | Doing Business 2.0
Washington, DC Economic Partnership
7 Legal Pitfalls Affiliate Marketers Should Avoid
7 Legal Pitfalls Affiliate Marketers Should Avoid
Affiliate Summit
FEDCON Summit: Change Orders & Contract Disruptions/Delays
FEDCON Summit: Change Orders & Contract Disruptions/Delays
NC Military Business Center
FEDCON Summit: Teaming Arrangements
FEDCON Summit: Teaming Arrangements
NC Military Business Center
Janice Davis | Putting Together Small Business Teams
Janice Davis | Putting Together Small Business Teams
Elyk Venture Management
8 things to ask before taking an adverse employment action
8 things to ask before taking an adverse employment action
Dinsmore & Shohl LLP
How To Negotiate Contracts by Brian Burt
How To Negotiate Contracts by Brian Burt
Brian J. Burt
Josh Grimes Handout 11-7-11
Josh Grimes Handout 11-7-11
PCMAGulfStates
LaCroix- D&O IRT Balto 10-2012
LaCroix- D&O IRT Balto 10-2012
Don Grauel
Proper Claims Handling to Avoid Bad Faith Claims
Proper Claims Handling to Avoid Bad Faith Claims
Dinsmore & Shohl LLP
Camp Lejeune Small Business Outreach Event
Camp Lejeune Small Business Outreach Event
NC Military Business Center
MCAS Cherry Point Small Business Outreach Event
MCAS Cherry Point Small Business Outreach Event
NC Military Business Center
Spawar slides
Spawar slides
NC Military Business Center
Fort Bragg Small Business Outreach Event_March 18, 14
Fort Bragg Small Business Outreach Event_March 18, 14
NC Military Business Center
FEDCON Summit: Bonding & Surety for Federal Construction Projects
FEDCON Summit: Bonding & Surety for Federal Construction Projects
NC Military Business Center
FEDCON Summit: Change Orders & Contract Disruptions/Delays
FEDCON Summit: Change Orders & Contract Disruptions/Delays
NC Military Business Center
FEDCON Summit: Department of Transportation Construction Opportunities
FEDCON Summit: Department of Transportation Construction Opportunities
NC Military Business Center
FEDCON Summit: Labor Laws & Affirmative Action for Federal Contracts
FEDCON Summit: Labor Laws & Affirmative Action for Federal Contracts
NC Military Business Center
FEDCON Summit: Waste and Pollution Reduction Programs, Projects & Industry Ex...
FEDCON Summit: Waste and Pollution Reduction Programs, Projects & Industry Ex...
NC Military Business Center
Mais conteúdo relacionado
Semelhante a Teaming, Joint Ventures & Mentor Protege
Bid Protests Briefing
Bid Protests Briefing
NC Military Business Center
Debriefs and Protest Process
Debriefs and Protest Process
NC Military Business Center
Mand a toolkit due diligence
Mand a toolkit due diligence
chrisdoran
Starting a Franchise | Jones Day | Doing Business 2.0
Starting a Franchise | Jones Day | Doing Business 2.0
Washington, DC Economic Partnership
7 Legal Pitfalls Affiliate Marketers Should Avoid
7 Legal Pitfalls Affiliate Marketers Should Avoid
Affiliate Summit
FEDCON Summit: Change Orders & Contract Disruptions/Delays
FEDCON Summit: Change Orders & Contract Disruptions/Delays
NC Military Business Center
FEDCON Summit: Teaming Arrangements
FEDCON Summit: Teaming Arrangements
NC Military Business Center
Janice Davis | Putting Together Small Business Teams
Janice Davis | Putting Together Small Business Teams
Elyk Venture Management
8 things to ask before taking an adverse employment action
8 things to ask before taking an adverse employment action
Dinsmore & Shohl LLP
How To Negotiate Contracts by Brian Burt
How To Negotiate Contracts by Brian Burt
Brian J. Burt
Josh Grimes Handout 11-7-11
Josh Grimes Handout 11-7-11
PCMAGulfStates
LaCroix- D&O IRT Balto 10-2012
LaCroix- D&O IRT Balto 10-2012
Don Grauel
Proper Claims Handling to Avoid Bad Faith Claims
Proper Claims Handling to Avoid Bad Faith Claims
Dinsmore & Shohl LLP
Semelhante a Teaming, Joint Ventures & Mentor Protege
(13)
Bid Protests Briefing
Bid Protests Briefing
Debriefs and Protest Process
Debriefs and Protest Process
Mand a toolkit due diligence
Mand a toolkit due diligence
Starting a Franchise | Jones Day | Doing Business 2.0
Starting a Franchise | Jones Day | Doing Business 2.0
7 Legal Pitfalls Affiliate Marketers Should Avoid
7 Legal Pitfalls Affiliate Marketers Should Avoid
FEDCON Summit: Change Orders & Contract Disruptions/Delays
FEDCON Summit: Change Orders & Contract Disruptions/Delays
FEDCON Summit: Teaming Arrangements
FEDCON Summit: Teaming Arrangements
Janice Davis | Putting Together Small Business Teams
Janice Davis | Putting Together Small Business Teams
8 things to ask before taking an adverse employment action
8 things to ask before taking an adverse employment action
How To Negotiate Contracts by Brian Burt
How To Negotiate Contracts by Brian Burt
Josh Grimes Handout 11-7-11
Josh Grimes Handout 11-7-11
LaCroix- D&O IRT Balto 10-2012
LaCroix- D&O IRT Balto 10-2012
Proper Claims Handling to Avoid Bad Faith Claims
Proper Claims Handling to Avoid Bad Faith Claims
Mais de NC Military Business Center
Camp Lejeune Small Business Outreach Event
Camp Lejeune Small Business Outreach Event
NC Military Business Center
MCAS Cherry Point Small Business Outreach Event
MCAS Cherry Point Small Business Outreach Event
NC Military Business Center
Spawar slides
Spawar slides
NC Military Business Center
Fort Bragg Small Business Outreach Event_March 18, 14
Fort Bragg Small Business Outreach Event_March 18, 14
NC Military Business Center
FEDCON Summit: Bonding & Surety for Federal Construction Projects
FEDCON Summit: Bonding & Surety for Federal Construction Projects
NC Military Business Center
FEDCON Summit: Change Orders & Contract Disruptions/Delays
FEDCON Summit: Change Orders & Contract Disruptions/Delays
NC Military Business Center
FEDCON Summit: Department of Transportation Construction Opportunities
FEDCON Summit: Department of Transportation Construction Opportunities
NC Military Business Center
FEDCON Summit: Labor Laws & Affirmative Action for Federal Contracts
FEDCON Summit: Labor Laws & Affirmative Action for Federal Contracts
NC Military Business Center
FEDCON Summit: Waste and Pollution Reduction Programs, Projects & Industry Ex...
FEDCON Summit: Waste and Pollution Reduction Programs, Projects & Industry Ex...
NC Military Business Center
FEDCON Summit: Installation Energy Programs, Projects & Industry Experience
FEDCON Summit: Installation Energy Programs, Projects & Industry Experience
NC Military Business Center
FEDCON Summit: Water, Wastewater and Stormwater Programs, Projects & Industry...
FEDCON Summit: Water, Wastewater and Stormwater Programs, Projects & Industry...
NC Military Business Center
FEDCON Summit: Environmental Engineering & Remediation Industry Panel
FEDCON Summit: Environmental Engineering & Remediation Industry Panel
NC Military Business Center
FEDCON Summit: Marine Corps Installations East
FEDCON Summit: Marine Corps Installations East
NC Military Business Center
FEDCON Summit: NCMBC Tools for Contractors
FEDCON Summit: NCMBC Tools for Contractors
NC Military Business Center
FEDCON Summit: Public Private Ventures
FEDCON Summit: Public Private Ventures
NC Military Business Center
FEDCON Summit: Veterans Affairs
FEDCON Summit: Veterans Affairs
NC Military Business Center
Medical Technologies
Medical Technologies
NC Military Business Center
Human/Social Sciences/Cultural & Behavioral Dynamics and Advanced Analytics
Human/Social Sciences/Cultural & Behavioral Dynamics and Advanced Analytics
NC Military Business Center
Ground Vehicle and Robotics
Ground Vehicle and Robotics
NC Military Business Center
Cyber Security
Cyber Security
NC Military Business Center
Mais de NC Military Business Center
(20)
Camp Lejeune Small Business Outreach Event
Camp Lejeune Small Business Outreach Event
MCAS Cherry Point Small Business Outreach Event
MCAS Cherry Point Small Business Outreach Event
Spawar slides
Spawar slides
Fort Bragg Small Business Outreach Event_March 18, 14
Fort Bragg Small Business Outreach Event_March 18, 14
FEDCON Summit: Bonding & Surety for Federal Construction Projects
FEDCON Summit: Bonding & Surety for Federal Construction Projects
FEDCON Summit: Change Orders & Contract Disruptions/Delays
FEDCON Summit: Change Orders & Contract Disruptions/Delays
FEDCON Summit: Department of Transportation Construction Opportunities
FEDCON Summit: Department of Transportation Construction Opportunities
FEDCON Summit: Labor Laws & Affirmative Action for Federal Contracts
FEDCON Summit: Labor Laws & Affirmative Action for Federal Contracts
FEDCON Summit: Waste and Pollution Reduction Programs, Projects & Industry Ex...
FEDCON Summit: Waste and Pollution Reduction Programs, Projects & Industry Ex...
FEDCON Summit: Installation Energy Programs, Projects & Industry Experience
FEDCON Summit: Installation Energy Programs, Projects & Industry Experience
FEDCON Summit: Water, Wastewater and Stormwater Programs, Projects & Industry...
FEDCON Summit: Water, Wastewater and Stormwater Programs, Projects & Industry...
FEDCON Summit: Environmental Engineering & Remediation Industry Panel
FEDCON Summit: Environmental Engineering & Remediation Industry Panel
FEDCON Summit: Marine Corps Installations East
FEDCON Summit: Marine Corps Installations East
FEDCON Summit: NCMBC Tools for Contractors
FEDCON Summit: NCMBC Tools for Contractors
FEDCON Summit: Public Private Ventures
FEDCON Summit: Public Private Ventures
FEDCON Summit: Veterans Affairs
FEDCON Summit: Veterans Affairs
Medical Technologies
Medical Technologies
Human/Social Sciences/Cultural & Behavioral Dynamics and Advanced Analytics
Human/Social Sciences/Cultural & Behavioral Dynamics and Advanced Analytics
Ground Vehicle and Robotics
Ground Vehicle and Robotics
Cyber Security
Cyber Security
Último
Engagement Rings vs Promise Rings | Detailed Guide
Engagement Rings vs Promise Rings | Detailed Guide
Charleston Alexander
Potato Flakes Manufacturing Plant Project Report.pdf
Potato Flakes Manufacturing Plant Project Report.pdf
hostl9518
8 Questions B2B Commercial Teams Can Ask To Help Product Discovery
8 Questions B2B Commercial Teams Can Ask To Help Product Discovery
Desmond Leo
Pitch Deck Teardown: Terra One's $7.5m Seed deck
Pitch Deck Teardown: Terra One's $7.5m Seed deck
HajeJanKamps
Future of Trade 2024 - Decoupled and Reconfigured - Snapshot Report
Future of Trade 2024 - Decoupled and Reconfigured - Snapshot Report
Dubai Multi Commodity Centre
The Truth About Dinesh Bafna's Situation.pdf
The Truth About Dinesh Bafna's Situation.pdf
Mont Surfaces
Daftar Rumpun, Pohon, dan Cabang Ilmu (2024).pdf
Daftar Rumpun, Pohon, dan Cabang Ilmu (2024).pdf
AgusHalim9
Your Work Matters to God RestorationChurch.pptx
Your Work Matters to God RestorationChurch.pptx
Os Hillman
Event Report - IBM Think 2024 - It is all about AI and hybrid
Event Report - IBM Think 2024 - It is all about AI and hybrid
Holger Mueller
Chapter 2ppt Entrepreneurship freshman course.pptx
Chapter 2ppt Entrepreneurship freshman course.pptx
tekalignpawulose09
HAL Financial Performance Analysis and Future Prospects
HAL Financial Performance Analysis and Future Prospects
Rajesh Gupta
zidauu _business communication.pptx /pdf
zidauu _business communication.pptx /pdf
zukhrafshabbir
Powers and Functions of CPCB - The Water Act 1974.pdf
Powers and Functions of CPCB - The Water Act 1974.pdf
linciy03
HR and Employment law update: May 2024.
HR and Employment law update: May 2024.
FelixPerez547899
What is social media.pdf Social media refers to digital platforms and applica...
What is social media.pdf Social media refers to digital platforms and applica...
AnaBeatriz125525
ch 2 asset classes and financial instrument.ppt
ch 2 asset classes and financial instrument.ppt
ZawadAmin2
Special Purpose Vehicle (Purpose, Formation & examples)
Special Purpose Vehicle (Purpose, Formation & examples)
linciy03
stock price prediction using machine learning
stock price prediction using machine learning
gauravwankar27
Unleash Data Power with EnFuse Solutions' Comprehensive Data Management Servi...
Unleash Data Power with EnFuse Solutions' Comprehensive Data Management Servi...
Rahul Bedi
Sedex Members Ethical Trade Audit (SMETA) Measurement Criteria
Sedex Members Ethical Trade Audit (SMETA) Measurement Criteria
milos639
Último
(20)
Engagement Rings vs Promise Rings | Detailed Guide
Engagement Rings vs Promise Rings | Detailed Guide
Potato Flakes Manufacturing Plant Project Report.pdf
Potato Flakes Manufacturing Plant Project Report.pdf
8 Questions B2B Commercial Teams Can Ask To Help Product Discovery
8 Questions B2B Commercial Teams Can Ask To Help Product Discovery
Pitch Deck Teardown: Terra One's $7.5m Seed deck
Pitch Deck Teardown: Terra One's $7.5m Seed deck
Future of Trade 2024 - Decoupled and Reconfigured - Snapshot Report
Future of Trade 2024 - Decoupled and Reconfigured - Snapshot Report
The Truth About Dinesh Bafna's Situation.pdf
The Truth About Dinesh Bafna's Situation.pdf
Daftar Rumpun, Pohon, dan Cabang Ilmu (2024).pdf
Daftar Rumpun, Pohon, dan Cabang Ilmu (2024).pdf
Your Work Matters to God RestorationChurch.pptx
Your Work Matters to God RestorationChurch.pptx
Event Report - IBM Think 2024 - It is all about AI and hybrid
Event Report - IBM Think 2024 - It is all about AI and hybrid
Chapter 2ppt Entrepreneurship freshman course.pptx
Chapter 2ppt Entrepreneurship freshman course.pptx
HAL Financial Performance Analysis and Future Prospects
HAL Financial Performance Analysis and Future Prospects
zidauu _business communication.pptx /pdf
zidauu _business communication.pptx /pdf
Powers and Functions of CPCB - The Water Act 1974.pdf
Powers and Functions of CPCB - The Water Act 1974.pdf
HR and Employment law update: May 2024.
HR and Employment law update: May 2024.
What is social media.pdf Social media refers to digital platforms and applica...
What is social media.pdf Social media refers to digital platforms and applica...
ch 2 asset classes and financial instrument.ppt
ch 2 asset classes and financial instrument.ppt
Special Purpose Vehicle (Purpose, Formation & examples)
Special Purpose Vehicle (Purpose, Formation & examples)
stock price prediction using machine learning
stock price prediction using machine learning
Unleash Data Power with EnFuse Solutions' Comprehensive Data Management Servi...
Unleash Data Power with EnFuse Solutions' Comprehensive Data Management Servi...
Sedex Members Ethical Trade Audit (SMETA) Measurement Criteria
Sedex Members Ethical Trade Audit (SMETA) Measurement Criteria
Teaming, Joint Ventures & Mentor Protege
1.
Traps and Tips:
Subcontracts and Joint Ventures Presented By: Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP www.smithlaw.com dhayden@smithlaw.com jmoore@smithlaw.com (919) 821-6755 (919) 821-6688 www.smithlaw.com ©2012 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P.
2.
www.smithlaw.com
Joint Ventures • “[C]ompanies form a partnership or joint venture to act as a potential prime contractor” FAR 9.601(1). • Key Word: Partnership • Members share profits and losses • Members each has authority to: – make decisions that bind the joint venture – interact with government • Joint Venture has the contract with the government – not each member ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 2
3.
www.smithlaw.com
Contractor/Subcontractor • Prime contractor enters into contract with government. FAR 9.601(2). – Prime subcontracts with other team member – No “privity” between the government and subcontractor • Only Prime interfaces with government – Prime controls contract – Subcontractor duties are defined in subcontract • No sharing of profits and losses • Subcontractor paid according to subcontract only ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 3
4.
www.smithlaw.com
Why the Government Encourages Teaming • Groupings to compete for a government contract. FAR 9.602. – “[c]omplement unique capabilities” – “[o]ffer the Government the best combination of performance, cost, and delivery for the system or product being acquired” • Government allows teaming agreements, so long as they follow government regulations. FAR 9.603. • Versus traditional B2B world, where joint ventures and prime/subcontract relationships are: – Less regulated – Without size standards – Without governmental oversight. ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 4
5.
www.smithlaw.com
Pros & Cons of a Joint Venture • Pros – JV member has increased stature (versus sub) – Shared control • Cons – Joint responsibility for performance (vs. subcontract) – Lead/Larger team member gives up some control to other team member – Termination/unwinding JV more complicated ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 5
6.
www.smithlaw.com
Disputes with Your Team Member – Breach of an Enforceable Contract? • Does your teaming agreement release both sides if the bid is not awarded? • Does your teaming agreement provide for exclusivity of dealing? • What if you and your partner ultimately cannot agree on a later subcontract? • Ulliman Schutte Construction v. Emerson Process Management Power & Water Solutions, (D.C. Cir.) subcontractor lost because parties could not agree on terms of contract and teaming agreement said both sides would be released from their obligations in the event of a failure to negotiate a subcontract. • Good faith? ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 6
7.
www.smithlaw.com
Drafting tips and techniques • Have a written teaming agreement (required under proposed RFP) • Identify the contract you are bidding on • Require the prospective team member to be awarded subcontract instead • Have subcontract terms well-negotiated before submitting bid – Divide team member functions • Who will prepare proposal? Who will pay for it? ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 7
8.
www.smithlaw.com
Drafting tips and techniques • Non-poaching, non-compete, non-solicit? • Exclusivity? • Confidentiality? • Consider favorable choice of law provisions? – Forum Selection? Arbitration/mediation? • If there is termination, who owns the confidential data or the intellectual property? • If there is a dispute, will one party indemnify another? ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 8
9.
www.smithlaw.com
Drafting tips and techniques • Preference contract? – Identify the preference, state the percentages • SBA approval required? – Make contract subject to SBA approval • Termination: – If one side decides not to pursue the contract – Government disapproval of sub – Government non-award or cancellation of RFP – Suspension/debarment/proposed debarment • Impossibility; mutual agreement; default ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 9
10.
www.smithlaw.com
J.V.’s how to address deadlock • Division of Labor • Banking • Veto rights • Dissolution/Buy-out ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 10
11.
www.smithlaw.com
Trust, Trust, Trust! ©2011 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. 11
12.
Questions?
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP www.smithlaw.com dhayden@smithlaw.com jmoore@smithlaw.com (919) 821-6755 (919) 821-6688 www.smithlaw.com ©2012 SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P.
Baixar agora