Post on 11-Jun-2015
transcript
Top Teaming Tactics: From “In” to “Win”
Judy Bradt, CEO
INTRODUCING:
NAME, COMPANY
5 WORDS TO DESCRIBE WHAT YOU DO
Tools For Each Steps
Strategy Focus Process Competition Teaming Relationships Marketing
3
What You’ll Learn
Defining Fit: What Primes Really Want
Determining Fit:Creating Your Checklist
Teaming Types Teaming Agreements & Beyond Building Fit:
The Meeting & Briefing Toolkit
What Is a Small Business? SBA Size classifications:
– Small– Other Than Small
Varies by NAICS– Average annual receipts over 3 years or– average number of employees over 12
months.– You pick your NAICS, but . . .– . . . The Contracting Officer (CO) assigns
the NAICS that sets the size criteria for that procurement.
Why Size Matters Affiliation
– Can disqualify companies for “set asides” due to partners’ combined size.
– Locations / industries irrelevant.– One business has real/apparent power/control
over another. 13 C.F.R. § 121.103.– Prime is an Ostensible Subcontractor
Ostensible subcontractor– Subcontractor performs primary/vital
requirements of prime contract. Business are considered to be affiliated.
Why Team?
Why Team? Leverage SBA affiliation rules Increase competitiveness Reduce risks & costs Gain past performance Address licensing / certifications /
bonding Access contract vehicles (Large &
small) Meet small business / subcontracting
goals Ensure local roots
Teaming By The Numbers:76 – 54 – 8 - 62
Large to Small Small to Small
Large to Large Complex Teams
2011 3-Year Bidding: Down 50% From 2007
2011 VIP® Survey: Trends in Federal Contracting for Small Businesses
3-Year Win Rates Down(Prime and Subcontracts)
2011 VIP® Survey: Trends in Federal Contracting for Small Businesses
Benefits: To “Big” Businesses
Meet small business subcontracting goals.
Access “set aside” contracts Project-based access to niche
expertise– Keep focused on core competencies.– Get essential expertise @ variable cost
Benefits: To Small Businesses
Access set asides and niche expertise. Contracts are becoming more complex, larger
(“bundling”) and geographically dispersed. A small business by itself may not have the resources to do the whole job.
Build past performance & reputation by association
Economies of scale: More purchasing power Easier access to capital and bonding.
Why Does Teaming Fail?
Pre-Teaming: Gap Analysis
Can you go it alone? Go for it! Requirements exceed your core
competencies? Gap analysis to pick partners.
= +
RFPAgency Needs:
A.B.C.D.E.
My CapabilitiesI Have:
A.B.c.DE.
My PartnerMust Have:
a.b.C.d.e.
Clues To Poor Fit
WORKING GROUPS:FIT CHECKLIST
Determining Fit
Determining Fit Between Partners
Unqualified
(Coaching)
Basic Fit
(Connection)
Exceptional Fit
(Introduction)
Picking Prospective Partners
Advance Research Speed Dating
Register,
Search for Partners,
Get Sourced
Central Contractor Registrationwww.ccr.gov
Potential Partners Matching Your Criteria www.ccr.gov
High Priority: Veteran-Owned
Want Primes To Return Your Call?
Partners Look For…
Chireda Gaither, Computer Sciences CorporationManager, Supplier Diversity Program for North American Public Sector
“Bring opportunity.
Do your homework.
Know what we do.”
Supplier Portal Registration
Be Selective!
Lillian Magero, Small Business Liaison Officer, IBM
“NobodyDoesEverything.
Tell Me YourSpecialty.”
Avoid The Kiss of Death
“We Do Everything”
Partners Look For… What business you bring Where can you take them? Buyer
contacts Core capabilities & differentiation Past performance & reputation Price, financial strength Personnel experience & low turnover Location Dependable, responsive team player
What Can You Bring?
What Can You Bring?
New Task Orders on Incumbent Business
New Projects You Can Help Them Win Solutions to Known Problems Contacts You Can Offer Benefits For Their Clients Track Record On Relevant Past
Projects Cleared Staff Location
Affiliations & Joint Ventures
Relationships Without Dirty Dancing
Teaming in Federal Contracting
FAR Subpart 9.6
– An agreement: between two or more companies to form a joint venture or
partnership to act as a potential prime contractor (JV model); or between a prime contractor and one or more companies
proposed to act as subcontractors under a particular Government contract or acquisition program (prime/sub model);
– Entered into prior to the submission of a proposal in response to an RFP; and
– Must be recognized if disclosed in a proposal, or after contract award if approved before becoming effective.
– Temporary, not permanent
Other Key Teaming Concepts
Project-specific is typical
Mentor – Protége: Expanding!– Contingent & Non-Contingent
8(a) & MP Programs under review
The Big Four Teaming Types
Prime Contractor / Subcontractor Joint Venture Mentor – Protégé General Services Administration (GSA)
Contractor Teaming Agreement (CTA)
Others: Licensing, distribution, coop R&D
Prime Contractor/Subcontractor
Most common Prime has direct contact and
responsibility (privity) with the government
Prime is in control – Wants flexibility (vs. subcontractor desire
for guarantees) Subcontract might require review by
contracting officer and/or finalization prior to the final offer to the government.
Prime Contractor/Subcontractor
FAR clauses that can “flow down” to the sub:
Mandatory: FAR requires these. Often public policy (e.g. equal opportunity, drug-free workplace)
Advisory: Included to protect the prime. (e.g., termination for convenience, changes)
Negotiable: Situational usage / Discretionary
Read, Review, Reflect…and be ready to Revise or Reject.
Understand compliance & costs.Get Legal Advice, Early & Often.
Prime Contractor/Subcontractor
A Small Business must perform a minimum work percentage for set-asides:– Service: > 50% of the cost of the work.– Supplies: > 50% of the manufacturing
costs, excluding materials– General construction: > 15% of the costs,
excluding materials.– Specialty construction: > 25% of the
costs , excluding materials.
Mentor - Protégé Experienced contractor assists a less
experienced small business. Mentors benefits can include:
– Management, financial and/or technical assistance
– Loans and/or equity (40% limit) investments.
– Cooperation on joint venture projects– Opportunities to subcontracts under its
prime contracts
Mentor - Protégé Mentor benefits can include:
– Credit toward subcontracting goals– Financial reimbursement
Common Mentor Requirements– Might be large or small– Capability & commitment to assist
Protégé– Profitable the last two years– Knowledgeable in government contracting
and in good standing
Mentor - Protégé
Protégé requirements vary by program:– Must be a small business– Some require socio-economic designation.– MP programs include: SBA , Army, DHS,
DOE, FAA, NASA, HHS, State Department, Treasury Department, DOD, GSA
Cost Reimbursement / Credit Varies– DoD Programs often cost-reimbursed– Civilian agency programs usually credit-
only
“Give MeYour Car Keys.”
John Long, VP Business Development, Civil Systems Division, Northrop Grumman
A Word On Mentor-Protégé
Joint Venture Limited purpose partnership. Each
party liable to government & 3rd parties.
Can be JV agreement or new legal entity– e.g. LLP/LLC/Corp, DUNS, CCR, ORCA,
banking– JV partners “affiliated” for size
classification. Qualified SDVOB, 8(a) and Mentor –
Protégé JV’s may be exempt from affiliation, based on size of contract and sizes of participants
Joint Venture Must be approved before proposal
submitted– Size eligibility: FAR 19.101(7)(i) – Defines how partners share work, risk,
responsibility, profits Each party has privity with the
government 3/2 rule: JV can do up to 3 proposals in 2
years Agencies may have preferred
JV arrangements / forms. Ask!
GSA Contractor Teaming Arrangement (CTA)
GSA schedule contractors create joint turnkey offering that neither could provide alone.
Not a subcontract or JV: Each contractor has privity. No new legal entity is formed.
Note: Non-schedule holders can’t do a CTA, but may subcontract to schedule holders using traditional subcontracts.
More:
When Teaming Becomes Affiliation
FAR & SBA Definitions Key Concept: Control
– direct or indirect; actual or potential; mutual or third party
– Ownership (eg voting, stock, options, trusts)– Management or common facilities– Contracts (JV, franchise, licensing, teaming)
References: FAR Subpart 19.1 & SBA 13 C.F.R 121.103 GCME: p 115
Steps to Teaming Agreements
The Teaming Agreement (TA)
Private contract between two or more parties governed by contract law & Uniform Commercial Code – Interim agreement – Superseded by negotiated post-award contract
Post 2010, law requires– Bid-win-perform on subcontracting plans– 90 day payment accountability to subs
Terms & obligations govern relationship of the parties.
Enforceability requires specificity & clear statements.
Nondisclosure Agreement (NDA)
Precursor / support for teaming– Defines proprietary or confidential
information and exclusions– Provides the purpose for disclosure– Limits use by teammates and disclosure
to 3rd parties– Protects existing client and vendor
relationships– “One-way” or “two-way”Read theirs. Draft yours.
Get Legal Help. More:
Other Potential Non-Binding TA Precursors
On-Ramps from discussions to a TA Letter of Intent (LOI) Memorandum of Understanding (MOU) Memorandum of Agreement (MOA) Agreement to “explore the
relationship”.E.G.: issues to be addressed in TA, minimum binding terms, key points
Mini-Case #1 Agency publishes RFP Your past performance covers 4 out
of 6 mandatory requirements Your company holds a GSA Schedule Contract is set aside for HUBZone Your company is WOSB/SDVOB
– Would you bid solo, or team?– If team, what kind & why?– What else would you want to know?
Teaming Agreement Essentials:
What Could Possibly Go Wrong?
Teaming Agreement Essentials
How Will You Handle: Proposal Costs Bid & WIN Pricing & Payment Exclusivity Confidentiality Terminations Shared Expenses
FARS Flow-down NonDisclosure End User Access Intellectual
Property Key Resumes Employee
Poaching! Liability
Resource: National Contract Management Association www.ncmaHQ.org
Rock Your Teaming Meeting
Building Fit:The Meeting & Briefing
Toolkit1. Market Research Essentials
2. The Unique Value Proposition
3. The Tailored Capability Statement
4. Six Simple Slides in 600 Seconds
5. The Follow-up Sweet Spot
Pre-Teaming: Find The Business
Example Notes Reactive Proactive
>$25K open/awarded & pre-solicitation info √ √
Prime subcontracting needs √
Procurement forecasts √
Subcontracting directory & procurement forecast √ √
DOD subcontracting plans √ √
Procurement histories √
OtherShows, publications, matchmaking, prime websites, industry days
√ √
Key Market Research Tools
USASpending.gov & FFATA.org
GSAAdvantage.gov
SSQ.GSA.gov
CCR.gov
Typical Research Questions
Which agencies’ problems do I solve? When do current contracts expire? What contract vehicles do they like? What set-asides do they favor? Who are the incumbents /
competitors? How soon do I position for teaming? Who are “small” partners /
competitors?
UNIQUE VALUE PROPOSITION
Unique Value Proposition
Concise appeal In your audience’s language, Focused on their needs, problems,
issues."Our interactive 3D maintenance training aids allowpeople who maintain and repair military equipment to accelerate learning in complex equipment, thusenabling first-time-right repairs and optimizing operational readiness at a lower cost."
What solutionHelps who
Do what
To solve what problems?
Basic Capability Statement
Core Competencies Past Performance
– Prime, Sub, or Commercial– Relevant Projects, Value, POC – Contract Vehicles
Unique Value Proposition / Differentiators
Company Data– Revenue, Employees, Locations, DUNS, Certifications,
NAICS
Contact Information61
Tailored Capability Statement
Your Contact’s Top Needs
Relevant Past Performance, UVP
Suitable Contract Vehicles
Project-Specific References
Capability Briefing:Six Simple Slides
Who You Are
Basic Company Info
Core Capabilities
1. 2.3. 4.
The Opportunity
Specificagency, project
Unique Value Proposition
Past Performance
Show where you’ve done it before
Meeting Objectives
GCME p. 128
The Follow-up Sweet Spot Were these the right people?
– Today?– Referral to someone else?
What questions remain?– Yours– Theirs
When & how to follow-up? Need more materials? Got everyone’s card?
Apathy Pestilence
Avoid Five Top Teaming Traps
Be selective.Do your homework.Read rules & seek SBA
guidance.Use a teaming agreement.Bring business.
Due Diligence Resources Open (Victory In Procurement) Forum: Government Contracts
www.openforum.com/governmentcontracting
Past Performance Information Retrieval System http://www.ppirs.gov/
Open Ratings http://openratings.com/
Excluded Parties List System https://www.epls.gov/
D&B PAYDEX https://www.dnb.com/product/ptpsampl.htm
Uniform Commercial Code
http://en.wikipedia.org/wiki/Uniform_Commercial_Code
Teaming Agreement Resources
DOD Guidebook for Facilitating Small Business Teaming Arrangementswww.acq.osd.mil/osbp/docs/dod_OSBP_Guidebook_for_Facilitating_Small_Business_Team_Arrangements.pdf
SBA Table of Small Business Size Standards www.sba.gov/sites/default/files/Size_Standards_Table.pdf
Teaming Agreement Enforceabilityhttp://www.whaylaw.com/Teaming_Agreement_Enforceability.htm
Non-Disclosure Agreementshttp://www.bitlaw.com/forms/nda.htmlhttp://www.wipo.int/sme/en/documents/disclosing_inf.htm
Mentor-Protégé & CTA Resources
SBA Mentor – Protégé Programwww.sba.gov/content/mentor-prot%C3%A9g%C3%A9-program
DoD Mentor-Protégé Program http://www.acq.osd.mil/osbp/mentor_protege/
GSA Contractor Teaming Arrangementhttp://www.gsa.gov/portal/content/200553
What You Learned
Defining Fit: What Primes Really Want
Determining Fit:Creating Your Checklist
Teaming Types Teaming Agreements & Beyond Building Fit:
The Meeting & Briefing Toolkit
Advice on Government Contracting
Free Good Enough
Pick any two.
Effective Teaming ResourcesBook & Workbook
OnSite Sessions:“Strategy In A Day”“Awesome Market Research”
www.GovernmentContractsMadeEasier.com
Judy Bradt, CEO (703) 627 1074 Judy.Bradt@SummitInsight.com