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Business Entities for Federal Business Entities for Federal ContractingContracting
Joint Ventures, Teaming Agreements, Joint Ventures, Teaming Agreements,
and Mentor/Protégéand Mentor/Protégé
James E. Krause, Attorney219 N. Newnan St., 4th Floor, Jacksonville, Florida 32202
904.353.5533 Email: [email protected]
An Overview of Current Issues and Trends inFederal Construction
2009
OVERVIEWOVERVIEW How to propose on Federal construction projects set aside for small businesses.How to propose on Federal construction projects set aside for small businesses. How small business contractors with inadequate How small business contractors with inadequate
bonding or solicitation requirements can work with bonding or solicitation requirements can work with a large contractor to propose on small business a large contractor to propose on small business set-aside contracts. set-aside contracts.
How large contractors can work with small How large contractors can work with small businesses to propose on Federal construction businesses to propose on Federal construction contracts that have been set aside for small contracts that have been set aside for small businesses using tools such as:businesses using tools such as:
Mentor Protégé Mentor Protégé Joint VenturesJoint Ventures Teaming AgreementsTeaming Agreements
Discussion of SBA Concerns Discussion of SBA Concerns AffiliationAffiliation Ostensible SubcontractingOstensible Subcontracting Small Business Size StandardsSmall Business Size Standards
OVERVIEWOVERVIEW
THE THREE PRIMARY PROGRAMS OF THE THREE PRIMARY PROGRAMS OF INTEREST ARE:INTEREST ARE:
8(a)8(a) FAR 19.8FAR 19.8 SDVOSBSDVOSB FAR 19.14FAR 19.14 HUBZoneHUBZone FARFAR 19.1319.13
Basis for SBA ProgramsBasis for SBA Programs
Small Business ActSmall Business Act Implements congressional policy to aid, Implements congressional policy to aid,
counsel, assist & protect the interests of counsel, assist & protect the interests of small business concernssmall business concerns
Goal of policy is to ensure that a fair Goal of policy is to ensure that a fair proportion of federal contract dollars at the proportion of federal contract dollars at the prime and subcontract level be placed with prime and subcontract level be placed with small businessessmall businesses
Small Business Set-AsideSmall Business Set-Aside
The contracting officer may set aside a The contracting officer may set aside a project from full and open project from full and open competition, but must have a competition, but must have a reasonable expectation that—reasonable expectation that— Offers will be received from two or more Offers will be received from two or more
small business concerns; andsmall business concerns; and Award will be made at a fair market Award will be made at a fair market
price.price.
FEDERAL INFORMATION FEDERAL INFORMATION SOURCES SOURCES
GOOGLE is the best way to locate GOOGLE is the best way to locate information on Federal Contractinginformation on Federal Contracting
TO IDENTIFY YOUR NAICS CODESTO IDENTIFY YOUR NAICS CODES http://www.census.gov/cgi-bin/sssd/n
aics/naicsrch
FEDERAL ACQUISITION FEDERAL ACQUISITION REGULATIONSREGULATIONS
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 The FAR is available free on the Internet at at https://www.acquisition.gov/far/
It can be downloaded and printed from It can be downloaded and printed from your computer or electronically your computer or electronically searched for sections of interest.searched for sections of interest.
An even better site has all the Agency An even better site has all the Agency FAR’s FAR’s http://farsite.hill.af.mil/vffar1.htm
Federal Acquisition Regulations Federal Acquisition Regulations - Socioeconomic Programs- Socioeconomic Programs
Certain parts of the FAR concern so-Certain parts of the FAR concern so-called “called “socioeconomic programssocioeconomic programs” the ” the Federal Government wishes to foster Federal Government wishes to foster through its procurement policies. through its procurement policies. The most significant of these is:The most significant of these is:
Part 19Part 19 Small Business Small Business ProgramsPrograms
Federal ContractingFederal ContractingSBA Program OfficeSBA Program Office
http://www.sba.gov/aboutsba/sbaprograms/ovbd/fc/index.html
8(a) Business Development - offers a broad scope of assistance to - offers a broad scope of assistance to socially and economically disadvantaged firms. socially and economically disadvantaged firms.
HubZone Empowerment Contracting Program - The HUBzone - The HUBzone Empowerment Contracting program provides federal contracting Empowerment Contracting program provides federal contracting opportunities for qualified small businesses located in distressed opportunities for qualified small businesses located in distressed areas. areas.
Subcontracting Opportunities Directory - A listing of prime - A listing of prime contractors doing business with the federal government. contractors doing business with the federal government.
Procurement Technical Assistance Centers (PTACs) - A listing of Procurement Technical Assistance Centers (PTACs) - A listing of Department of Defense Procurement Technical Assistance Department of Defense Procurement Technical Assistance Centers. Centers.
SBA's Procurement Center Representatives (PCR's) - located in SBA's Procurement Center Representatives (PCR's) - located in SBA area offices, review and evaluate the small business SBA area offices, review and evaluate the small business programs of federal agencies and assist small businesses in programs of federal agencies and assist small businesses in obtaining federal contracts and subcontracts. obtaining federal contracts and subcontracts.
Federal ContractingFederal ContractingSBA Program Office – Cont’dSBA Program Office – Cont’d
SBA's Commercial Market Representatives (CMR's) SBA's Commercial Market Representatives (CMR's) -- located in SBA area offices, assist small businesses located in SBA area offices, assist small businesses in obtaining subcontracts by marketing small in obtaining subcontracts by marketing small businesses and matching them with large prime businesses and matching them with large prime contractors. contractors.
Offices of Small & Disadvantaged Business Utilization Offices of Small & Disadvantaged Business Utilization - the OSDBUs offer small business information on - the OSDBUs offer small business information on procurement opportunities, guidance on procurement procurement opportunities, guidance on procurement procedures, and identification of both prime and procedures, and identification of both prime and subcontracting opportunities. subcontracting opportunities.
CCR – You must be registered in CCR to compete in CCR – You must be registered in CCR to compete in the Federal marketplace. CCR is the search engine for the Federal marketplace. CCR is the search engine for government contracting officers, a marketing tool for government contracting officers, a marketing tool for small firms and a "link" to procurement opportunities small firms and a "link" to procurement opportunities and important information. and important information.
Federal ContractingFederal ContractingSBA Program Office – Cont’dSBA Program Office – Cont’d
Sub-Net - Prime contractors use SUB-Net to post subcontracting Sub-Net - Prime contractors use SUB-Net to post subcontracting opportunities. These may or may not be reserved for small business, and opportunities. These may or may not be reserved for small business, and they may include either solicitations or other notices -- for example, they may include either solicitations or other notices -- for example, notices of sources sought for teaming partners and subcontractors on notices of sources sought for teaming partners and subcontractors on future contracts. Small businesses can review this web site to identify future contracts. Small businesses can review this web site to identify opportunities in their areas of expertise. While the web site is designed 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 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 is also used by Federal agencies, state and local Governments, non-profit organizations, colleges and universities, and even foreign Governments for organizations, colleges and universities, and even foreign Governments for the same purpose.the same purpose.
The new web site has shifted the traditional marketing strategy from the The new web site has shifted the traditional marketing strategy from the shotgun approach to one that is more focused and sophisticated. Instead of shotgun approach to one that is more focused and sophisticated. Instead of marketing blindly to hundreds of prime contractors, with no certainty that marketing blindly to hundreds of prime contractors, with no certainty that any given company has a need for their product or service, small any given company has a need for their product or service, small businesses can now use their limited resources to identify concrete, businesses can now use their limited resources to identify concrete, tangible opportunities and then bid on them. tangible opportunities and then bid on them.
Tech-Net - Tech-Net is an electronic gateway of technology information and 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 resources for and about small high tech businesses. It is a search engine for researchers, scientists, state, federal and local government officials, a for researchers, scientists, state, federal and local government officials, a marketing tool for small firms and a potential "link" to investment marketing tool for small firms and a potential "link" to investment opportunities for investors and other sources of capital.opportunities for investors and other sources of capital.
Want to see more?Want to see more? Contact the Law Office of Jim Krause today to Contact the Law Office of Jim Krause today to
request the complete 59 slide presentation.request the complete 59 slide presentation.
James E. Krause, AttorneyJames E. Krause, Attorney
219 N. Newnan Street, Fourth Floor 219 N. Newnan Street, Fourth Floor Jacksonville, Florida 32202Jacksonville, Florida 32202
Telephone 904.353.5533Telephone 904.353.5533Cell 904.553.0336Cell 904.553.0336
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