Business Entities for Federal Contracting Joint Ventures, Teaming Agreements, and Mentor/Protégé James E. Krause, Attorney 219 N. Newnan St., 4 th Floor, Jacksonville, Florida An Overview of Current Issues and Trends in Federal Construction 2009

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

OVERVIEW THE THREE PRIMARY PROGRAMS OF INTEREST ARE: THE THREE PRIMARY PROGRAMS OF INTEREST ARE: 8(a)FAR (a)FAR 19.8 SDVOSBFAR SDVOSBFAR HUBZoneFAR19.13 HUBZoneFAR19.13

Basis for SBA Programs Small Business Act Small Business Act Implements congressional policy to aid, counsel, assist & protect the interests of small business concerns 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 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— Offers will be received from two or more small business concerns; and Offers will be received from two or more small business concerns; and Award will be made at a fair market price. Award will be made at a fair market price.

FEDERAL INFORMATION SOURCES GOOGLE is the best way to locate information on Federal Contracting GOOGLE is the best way to locate information on Federal Contracting TO IDENTIFY YOUR NAICS CODES TO IDENTIFY YOUR NAICS CODES bin/sssd/naics/naicsrch bin/sssd/naics/naicsrch bin/sssd/naics/naicsrch bin/sssd/naics/naicsrch

FEDERAL ACQUISITION REGULATIONS The FAR is published at 48 C.F.R. The FAR is published at 48 C.F.R. The FAR is available free on the Internet at The FAR is available free on the Internet at It can be downloaded and printed from your computer or electronically searched for sections of interest. 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 An even better site has all the Agency FAR’s

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 19Small Business Programs Part 19Small Business Programs

Federal Contracting SBA Program Office (a) Business Development - offers a broad scope of assistance to socially and economically disadvantaged firms. 8(a) Business Development - offers a broad scope of assistance to socially and economically disadvantaged firms. 8(a) Business Development 8(a) Business Development HubZone Empowerment Contracting Program - The HUBzone Empowerment Contracting program provides federal contracting opportunities for qualified small businesses located in distressed areas. HubZone Empowerment Contracting Program - The HUBzone Empowerment Contracting program provides federal contracting opportunities for qualified small businesses located in distressed areas. HubZone Empowerment Contracting Program HubZone Empowerment Contracting Program Subcontracting Opportunities Directory - A listing of prime contractors doing business with the federal government. Subcontracting Opportunities Directory - A listing of prime contractors doing business with the federal government. Subcontracting Opportunities Directory Subcontracting Opportunities Directory Procurement Technical Assistance Centers (PTACs) - A listing of Department of Defense Procurement Technical Assistance Centers. Procurement Technical Assistance Centers (PTACs) - A listing of Department of Defense Procurement Technical Assistance Centers. Procurement Technical Assistance Centers (PTACs) Procurement Technical Assistance Centers (PTACs) 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. 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. SBA's Procurement Center Representatives (PCR's) SBA's Procurement Center Representatives (PCR's)

Federal Contracting SBA 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. 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. SBA's Commercial Market Representatives (CMR's) SBA's Commercial Market Representatives (CMR's) 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. 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. Offices of Small & Disadvantaged Business Utilization Offices of Small & Disadvantaged Business Utilization 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. 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. CCR

Federal Contracting SBA 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. 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. Sub-Net 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. 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. Tech-Net

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