As part of the investigation into DOD teaming agreements for small businesses protesting the size of small businesses, the SBA will also assess the alleged infringement in the circumstances, 13 CFR 121.103 (a) (5). In the current circumstances, the SBA may find membership, although no reason is sufficient to prove its membership. The government regularly makes available contracts exclusively dedicated to small businesses in order to create the possibility of competition between small businesses. in these situations, large companies are excluded from the tendering procedure. But sometimes, due to their size and resources, small businesses are not able to compete on their own for the contract. This potential problem lies in the fact that team agreements are at stake for small businesses trying to increase their participation in government contracts. The rules of the Small Business Administration (SBA) and the FAR offer small entrepreneurs several opportunities to implement a team agreement allowing them to be competitive for the contract from the start. Among these different ways to compete, there are opportunities to partner with other small companies, or even larger companies. The most common agreements are joint ventures and team agreements. The answer depends on how you interpret FAR 9.6, which states that the government will recognize the integrity and validity of contractor team agreements; provided that the agreements are identified and that the industrial relations are fully disclosed in a tender or, in the case of agreements concluded after the submission of a tender, before the entry into force of the agreement.
Normally, the government will not request or promote the termination of contractor team agreements. In addition, the SBA rules do not provide oversight and approval for team agreements. Tip: If you have an SBA-approved protected mentor agreement with a large company, but you submit the large company as a team partner in accordance with the current contract, always inform the SBA first in writing before submitting the team agreement with your proposal. In addition to SUB-Net, the following resources provide instructions for creating team and outsourcing agreements: If you`re new to the federal field, working with a company other than “subcontractor” is a great way to get into the door of the federal government. The Internet is a great resource for finding opportunities for partnerships with other providers. Often, the SBA will investigate alleged breaches of membership under this Rule of Action, 13 CFR 121. 103(d)(1). Under the current effect rule, the SBA may treat a concentration agreement in such a way as to affect an undertaking`s power of control. Large companies can sometimes make the mistake of designing a subsequent agreement on the merger of companies after the award.
This is a fatal error under the current action rule. For this reason, an experienced lawyer for team agreements in the early stages of forming DOD team agreements can be beneficial for small businesses.