Transcript Construction Project Acquisition and Project Delivery Systems

Business Entities for Federal
Contracting
Joint Ventures, Teaming Agreements,
and Mentor/Protégé
An Overview of Current Issues and Trends in
Federal Construction
2009
James E. Krause, Attorney
219 N. Newnan St., 4th Floor, Jacksonville, Florida 32202
904.353.5533 Email: [email protected]
OVERVIEW
How to propose on Federal construction projects set aside for small businesses.
How small business contractors with inadequate bonding
or solicitation requirements can work with a large
contractor to propose on small business set-aside
contracts.
How large contractors can work with small businesses to
propose on Federal construction contracts that have been
set aside for small businesses using tools such as:
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Mentor Protégé
Joint Ventures
Teaming Agreements
Discussion of SBA Concerns
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Affiliation
Ostensible Subcontracting
Small Business Size Standards
OVERVIEW
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THE THREE PRIMARY PROGRAMS OF
INTEREST ARE:
8(a)
FAR 19.8
SDVOSB
FAR 19.14
HUBZone
FAR 19.13
Basis for SBA Programs
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Small Business Act
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Implements congressional policy to aid,
counsel, assist & protect the interests of
small business concerns
Goal of policy is to ensure that a fair
proportion of federal contract dollars at the
prime and subcontract level be placed with
small businesses
Small Business Set-Aside
The contracting officer may set aside a
project from full and open competition,
but must have a reasonable expectation
that—
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Offers will be received from two or more small
business concerns; and
Award will be made at a fair market price.
FEDERAL INFORMATION
SOURCES
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GOOGLE is the best way to locate
information on Federal Contracting
TO IDENTIFY YOUR NAICS CODES
http://www.census.gov/cgibin/sssd/naics/naicsrch
FEDERAL ACQUISITION
REGULATIONS
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The FAR is published at 48 C.F.R.
The FAR is available free on the Internet
at https://www.acquisition.gov/far/
It can be downloaded and printed from
your computer or electronically searched
for sections of interest.
An even better site has all the Agency
FAR’s http://farsite.hill.af.mil/vffar1.htm
Federal Acquisition Regulations Socioeconomic Programs
Certain parts of the FAR concern so-called
“socioeconomic programs” the Federal
Government wishes to foster through its
procurement policies. The most
significant of these is:
 Part
19
Small Business Programs
Federal Contracting
SBA Program Office
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http://www.sba.gov/aboutsba/sbaprograms/ovbd/fc/index.html
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8(a) Business Development - offers a broad scope of assistance to socially
and economically disadvantaged firms.
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HubZone Empowerment Contracting Program - The HUBzone
Empowerment Contracting program provides federal contracting
opportunities for qualified small businesses located in distressed areas.
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Subcontracting Opportunities Directory - A listing of prime contractors doing
business with the federal government.
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Procurement Technical Assistance Centers (PTACs) - A listing of Department
of Defense Procurement Technical Assistance Centers.
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SBA's Procurement Center Representatives (PCR's) - located in SBA area
offices, review and evaluate the small business programs of federal
agencies and assist small businesses in obtaining federal contracts and
subcontracts.
Federal Contracting
SBA Program Office – Cont’d
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SBA's Commercial Market Representatives (CMR's) - located
in SBA area offices, assist small businesses in obtaining
subcontracts by marketing small businesses and matching
them with large prime contractors.
Offices of Small & Disadvantaged Business Utilization - the
OSDBUs offer small business information on procurement
opportunities, guidance on procurement procedures, and
identification of both prime and subcontracting
opportunities.
CCR – You must be registered in CCR to compete in the
Federal marketplace. CCR is the search engine for
government contracting officers, a marketing tool for small
firms and a "link" to procurement opportunities and
important information.
Federal Contracting
SBA Program Office – Cont’d
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Sub-Net - Prime contractors use SUB-Net to post subcontracting opportunities. These
may or may not be reserved for small business, and they may include either
solicitations or other notices -- for example, notices of sources sought for teaming
partners and subcontractors on future contracts. Small businesses can review this
web site to identify opportunities in their areas of expertise. While the web site is
designed primarily as a place for large businesses to post solicitations and notices, it
is also used by Federal agencies, state and local Governments, non-profit
organizations, colleges and universities, and even foreign Governments for the same
purpose.
The new web site has shifted the traditional marketing strategy from the shotgun
approach to one that is more focused and sophisticated. Instead of marketing blindly
to hundreds of prime contractors, with no certainty that any given company has a
need for their product or service, small businesses can now use their limited
resources to identify concrete, tangible opportunities and then bid on them.
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Tech-Net - Tech-Net is an electronic gateway of technology information and
resources for and about small high tech businesses. It is a search engine for
researchers, scientists, state, federal and local government officials, a marketing tool
for small firms and a potential "link" to investment opportunities for investors and
other sources of capital.
Want to see more?
Contact the Law Office of Jim Krause today to
request the complete 59 slide presentation.
James E. Krause, Attorney
219 N. Newnan Street, Fourth Floor
Jacksonville, Florida 32202
Telephone 904.353.5533
Cell 904.553.0336
Email [email protected]
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