Transcript Document
26th Annual Procurement Opportunities Fair Mars, Pennsylvania October 23, 2013 Copyright Jackson Kelly PLLC 2013 Picking a Winning Team What We’re Not Talking About • How to decide whether or not it makes sense to work with others • Benefits and risks of various types of teaming arrangements, subcontracts, and joint ventures • Specific size status and affiliation rules Copyright Jackson Kelly PLLC 2013 (at least not directly) • Shrinking Government Procurement Budgets • Consolidation of Procurements • Evolving Rules, Standards and Programs • Heightened Transparency, Oversight, Scrutiny Copyright Jackson Kelly PLLC 2013 The World Is Changing • More Intense Competition • Fewer, Larger, More Complex Procurements • More Opportunities for Mistakes • Higher Chance of Mistakes Being Discovered Copyright Jackson Kelly PLLC 2013 New Challenges Call for More Effective Collaboration Copyright Jackson Kelly PLLC 2013 So You Think You Want to Collaborate . . . • Who’s the real owner and controller? • Do they have any affiliates? • With whom are they already doing business? • What’s the source of your knowledge about them? • Who contacted whom? • What due diligence are you conducting? Copyright Jackson Kelly PLLC 2013 1. What Do You Know about This Company? • What’s the value of the potential award? • Task order or contract? • What’s the period of performance? • What’s the extent / value of the work for which they would be responsible? Copyright Jackson Kelly PLLC 2013 2. How Serious Is This Relationship Going to Be? • Do they have a special relationship with the customer or contracting shop? • Do they have particular expertise or experience you lack? • Do they have unique technology, required certifications or special status? • What about pricing? • Can you use their past performance? Copyright Jackson Kelly PLLC 2013 3. Can They Help You Win the Contract? • How do you know their size? • How does their size compare to the size standard? • What’s their time horizon given projected growth and current business development efforts? • How could your working with them impact your size? Copyright Jackson Kelly PLLC 2013 4. How “Small” Are They? • Do they fill a key niche? More than one? • Will they provide extra resources for something you know how to do? • How do you know their capabilities? • Do you know who their key people are for those capabilities? Copyright Jackson Kelly PLLC 2013 5. Can They Perform the (Right) Work? • What’s their reputation in the marketplace? • Do they have particularly good (or bad) past performance with the target customer / contracting shop? • How do you know? • Have you checked their “references”? • Have you seen their CPARS reports, etc.? Copyright Jackson Kelly PLLC 2013 6. What’s Their Track Record? • What about limitations on subcontracting? • How much flexibility do you have to adjust during performance? • Do you share a common vision of the division of labor? • Is anyone in danger of being “ostensible”? Copyright Jackson Kelly PLLC 2013 7. How Do You Plan to Allocate the Work? • What’s their reputation as a teammate? • Are there particular roles they handle better than others? • Are they responsive and engaged? • How do they handle change? Copyright Jackson Kelly PLLC 2013 8. Do They Play Well with Others? • Do they complement your strengths and weaknesses? • What’s their approach to written agreements? • Are they financially stable? • How do they protect IP? • Do they invest time in establishing key systems and procedures? Copyright Jackson Kelly PLLC 2013 9. What about the Intangibles? • What have you done to make sure they are currently a “responsible” contractor? • Have you checked EPLS? • Have you asked about cure notices, terminations, investigations, etc.? • What can you tell about their philosophy on compliance? Copyright Jackson Kelly PLLC 2013 10. Would You Take Them Home to Meet your Parents? • Are you simpatico? • What about honesty, transparency? • Is it easy (or hard) to see yourself in an extended relationship with them? • If there are “pink flags”, what is your gut telling you? Copyright Jackson Kelly PLLC 2013 Bonus Question: Do You Want to? • THINK – Early and Often • Develop good informal “search and assessment” habits • Subject targets to rigorous due diligence • Remember that business is not a monogamous activity Copyright Jackson Kelly PLLC 2013 Strategies for Success Eric Whytsell Jackson Kelly PLLC 1875 Connecticut Avenue NW, Ste. 1110 Washington DC 20009 (202) 973-0227 (direct) (202) 262-5283 (cell) [email protected] Copyright Jackson Kelly PLLC 2013 Thanks for listening