Small Business Teaming Arrangements

Transcription

1

2 Small Business Teaming Arrangements Devon E. Hewitt Partner, Protorae Law PLLC 8075 Leesburg Pike, Suite 760 Tysons, VA

3 Types of (Federal) Teaming Arrangements Prime/Sub Teaming Joint Ventures Contract Teaming Arrangements (GSA) Affiliation always a concern with respect to teaming for a small business set aside

4 Comparison Prime/Sub Team Independent Contractors Ostensible Subcontractor Rule Prime has privity of contract w/govt. Difficult to ensure workshare Prime usually has broad termination rights Past Performance unequal No SBA approval required Joint Venture Separate Legal Entity Populated/Unpopulated Special Purpose Entity 3 in 2 rule Presumption of Affiliation exceptions Past Performance Equal All Members have privity SBA approval may be required Expensive Difficult to exit May have joint and several liability Difficult to speak with one voice

5 JV Affiliation Exceptions JV with all small business members All members must be small under relevant NAICS code/size standard and If size standard is employee based, value of procurement is greater than $10 million If size standard is revenue based, value is greater than ½ the applicable size standard 8(a) Mentor- Protégé JV Must have SBA approved Mentor-Protégé Agreement JV agreement must conform to regulations JV agreement must be approved by SBA

6 Looking to the Future FAR , Limitations on Subcontracting 50% cost of personnel incurred for contract performance must be performed by prime Will change to 50% of amount paid prime contractor New rule for similarly situated entities New rule for small business JVs No populated JVs allowed Extension of M/P Program to all small businesses

7 Small Business M&A Issues Valuation Recertification requirements Novation requirements

8 Fairfax County, VA: Ecosystem for International Companies Asher Kotz International Business Development May 20, 2015

9 Fairfax County Ecosystem Access to U.S. markets Proximity to US Federal government Critical mass of technology companies Government contractors, Integrators, Consultants Skilled workforce Access to funding and grants Universities and research centers Transportation Infrastructure Dulles International Airport, Metro, highways, trains International focus: More than 415 foreign-owned companies Chicago, IL St. Louis, 300 m MO Charlott e, NC 600 m 900 m

10 Partnering with Israeli Firms -- BENEFITS Israeli Technology company Reach out to new markets Americanized solution Expand sales channels Time-to-market Innovation Differentiation US Company Augment technical offering Enhance differentiation and solution offering Reduce cost / increase margin Strength competitive advantage Defense of market position

11 Israeli Companies in Fairfax

12 Partnership Models Joint Venture Referral- Marketing Agreement Reselling OEM Private Label Teaming Sales Agreement

13 Go-to-Market Strategy: Fast and Furious 1. Identify mutual business case 2. Construct alliance framework legal contract 3. Technical enablement / integration 4. Backend support (operational, financial, legal) 5. Marketing and sales tools 6. Training for sales and tech support 7. Marketing and PR announcement

14 New company in Fairfax Market Development Customers Business Case FCEDA team assistance Local business development consultant Office in Fairfax County Incorporated in VA Manufacturing partner Channel Partners Consultant & Resources Accounting / legal Business Community Marketing/PR Grant writing Funding investment Expand local team Federal Government State/Local Government Enterprises

15 Thank You! Asher Kotz International Business Development India & Israel Fairfax County Economic Development Authority (703)

16 SAIC Small Business Program FCEDA Procurement Academy June 2015 Michael Townsend, PMP Senior Director Small Business Development and Utilization Office SAIC. All rights reserved.

17 Redefining Ingenuity - The Next Generation of SAIC is Here Leading technology integrator specializing in technical engineering and enterprise IT services to the U.S. Government Long term mission service delivery and customer relationships 45 year history of successful performance Significant scale and diversified contract base Highly skilled workforce of about 13,000 employees Experienced management team of proven industry leaders 17 S A IC.com SAIC. All rights reserved.

18 The SAIC Enterprise SA IC Army / Air Force Navy / Marine Corps DoD Agencies & Commands Federal Civilian Strategic Growth Markets Intelligence Community Technical & Engineering Services Enterprise IT Services Delivering world-class solutions to our customers greatest challenges 18 S A IC.com SAIC. All rights reserved.

19 Enterprise Information Technology Offerings Network Integration Unified communications Network core Network access, infrastructure & management Network security Software Integration Application development and maintenance Rapid legacy system modernization Service-oriented architecture design Mobile application development and management ERP & COTS integration IT Managed Services Data center management End-User & help desk support services Managed services management Operations management services Network & Security Operations Center services Cyber, Cloud & Data Science Cloud and virtualized computing infrastructure Data science Cyber security Business transformation 19 S A IC.com SAIC. All rights reserved.

20 Technical and Engineering Offerings Mission & SETA Systems engineering & integration Program & business resource management and acquisition Specialty engineering & technical analysis Quality assurance & configuration management Scientific research, intelligence & policy analysis Communications & administrative support Hardware Integration Land platform upgrade & modernization Aircraft platform mission systems & integration Maritime platform mission systems Advanced hardware systems design, engineering & integration Training & Simulation Logistics & Supply Chain Advanced analytics Aerospace & weather simulation and analysis Doctrine & instructional systems design Gaming & virtual worlds Demand forecasting Material acquisition Inventory management Distribution Human performance training Integrated LVC training support & mobile teams Simulation development Wargaming Integrated product support planning Field support Maintenance and repair 20 S A IC.com SAIC. All rights reserved.

21 Small Business Working With SAIC SAIC combines technical know-how and deep domain knowledge to deliver solutions that support our customers missions. We seek small businesses that can provide complementary skills and niche-type offerings and possess: Strong past performance Technical certifications (such as ISO, CMMI, PMP, ITIL, etc.) Customer knowledge and intimacy Commitment to ethics Financial stability Understanding of federal acquisition processes Necessary industrial security clearance 21 S A IC.com SAIC and Small Business - Partnering for Success SAIC. All rights reserved.

22 Small Business Working With SAIC Teaming with SAIC is based on a government, state and local or commercial opportunity. Almost all teaming and subcontracting activities are accomplished through active marketing well in advance of an opportunity being released for competition. SAIC typically will seek small business teammates 6 to 12 months before release of an RFP Marketing or tracking set-aside opportunities as a Small Business Prime Full and open opportunities as a sub Small businesses interested in engaging SAIC should articulate the following: Unique capabilities relevant to a specific opportunity, contract or RFP Past performance that is relevant to a forthcoming opportunity, contract or RFP 22 Knowledge of a specific opportunity, contract or RFP Knowledge of customers and their needs S A IC.com SAIC and Small Business - Partnering for Success SAIC. All rights reserved.

23 Contact US SAIC Small Business Office Michael A. Townsend, Sr. Director, SBLO 23 S A IC.com SAIC. All rights reserved.

24