Business Entities for Federal Contracting Joint Ventures, Teaming Agreements, and Mentor/Protégé

1. Business Entities for Federal ContractingJoint 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: jimkrause@krauselaw.net

2. OVERVIEWHow 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: • Mentor Protégé • Joint Ventures • Teaming Agreements • Discussion of SBA Concerns • Affiliation • Ostensible Subcontracting • Small Business Size Standards

3. OVERVIEW • THE THREE PRIMARY PROGRAMS OF INTEREST ARE: • 8(a) FAR 19.8 • SDVOSB FAR 19.14 • HUBZone FAR 19.13

4. Basis for SBA Programs • Small Business Act • 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

5. Small Business Set-Aside The contracting officer may set aside a project from full and open competition, but must have a reasonable expectation that— • Offers will be received from two or more small business concerns; and • Award will be made at a fair market price.

6. FEDERAL INFORMATION SOURCES • GOOGLE is the best way to locate information on Federal Contracting • TO IDENTIFY YOUR NAICS CODES • http://www.census.gov/cgi-bin/sssd/naics/naicsrch

7. FEDERAL ACQUISITION REGULATIONS • 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

8. 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

9. Federal ContractingSBA Program Office • http://www.sba.gov/aboutsba/sbaprograms/ovbd/fc/index.html • 8(a) Business Development - offers a broad scope of assistance to socially and economically disadvantaged firms. • HubZone Empowerment Contracting Program - The HUBzone Empowerment Contracting program provides federal contracting opportunities for qualified small businesses located in distressed areas. • Subcontracting Opportunities Directory - A listing of prime contractors doing business with the federal government. • Procurement Technical Assistance Centers (PTACs) - A listing of Department of Defense Procurement Technical Assistance Centers. • 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.

10. Federal ContractingSBA Program Office – Cont’d • 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.  

11. Federal ContractingSBA Program Office – Cont’d • 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. • 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.

12. 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 jimkrause@krauselaw.net

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