
The government spends billions of dollars every year buying goods and services from the private sector, and these federal contractor jobs can be a great way to boost your profitability. However, if you are exploring opportunities and can’t seem to find contracts that will be easy for you to fulfill, a teaming agreement may be the solution. This is when two or more companies work together to fulfil the requirements of a federal contract.
In the world of federal contracting, there are two types of teaming agreements: a Prime-Subcontractor team or a Joint Venture. Here is a quick look at each option.
Prime-Subcontractor Teaming Agreements
We often recommend these types of teaming agreements for new contractors. With this option, a prime contractor holds the actual contract with the government, but they use subcontractors to fulfill certain portions of the contract. Typically, these subcontractors are small business owners, and often, Prime Contractors are required to subcontract with a certified small business to win the contract.
The prime contractor is responsible for all of the communication with the federal agency, as well as performance, compliance, and deliverables. The subcontractor also is paid by the prime contractor and not by the federal government.
While the subcontractor does not interact with the federal agency, many subcontractors are required to be certified by the Small Business Administration, and often must be part of an SBA small business set aside program, such as the Service-Disabled Veteran Owned Small Business (SDVOSB) program, the 8(a) Business Development Program, the Woman-Owned Small Business (WOSB) program, or perhaps have HUBZone certification.
Joint Ventures
As you peruse the various federal contracting opportunities available, you may find that you cannot fulfill certain contracts entirely on your own, and if you have a strong relationship with a vendor that can fulfill the remainder of the contract, you could consider creating a Joint Venture.
This occurs when two or more companies form a partnership as a separate legal entity, and the Joint Venture (JV) actually becomes the prime contractor. The partners in the JV share ownership, profits and losses, and control of the venture. This can be a great option for two certified small businesses as it can provide them with the means to bid on larger, more lucrative government contracts.
While forming a JV can make it easier for you to win larger or more complex contracts, it can be complicated to set up, and it must be approved by the SBA. Additionally, if you and your teaming partners disagree down the line, a JV also can be difficult to dissolve.
There is also more risk with a JV because you will be the prime contractor and must handle the bidding process as well as all of the requirements of the contract, as well as meeting all applicable Federal Acquisition Regulations (FARs). Although even with a Prime-Subcontractor option, many subcontractors also must align with any applicable FARs.
Pros of Teaming Agreements
When considering teaming agreements, the most obvious pro is that you have the ability to fill gaps in goods or services you can provide, as well as gaps in technical expertise, staffing, and certifications. This makes you much more competitive for many government contracting jobs. However, that’s just one benefit. There are several others, including:
- Build A Stronger Past Performance Profile
When procurement agents study bids from potential contractors, they always look at their past performances. Ideally, they like to see previous federal or government contracts that you fulfilled, but if you are struggling to win contracts, opting for a teaming contractor, particularly as a subcontractor, can help you build a solid federal resume. If you are considering a JV, it also can be smart to choose a partner with some federal contracting experience to make your JV more competitive.
- Ease Your Way Into Federal Contracting
As we stated above, this can be a fantastic and far easier way to establish yourself as a federal contractor. While forming a JV can be tricky, working as a subcontractor allows you to get started with contracting and learn the ropes. Bidding on contracts is difficult, so it can be wise to let a prime contractor handle the process during your first few contracts.
- Higher Potential Profit
When you team up with other contractors, you often can bid on larger federal contractor jobs, which puts you in line for higher profits. Many small business owners start out bidding on lower-value contracts set aside for specific types of certified small businesses (WOSB, SDVOSB, etc.), and these absolutely can be very profitable.
However, when you team with another contractor, this can open the doors to larger, even more profitable contract options.
Cons of Teaming Agreements
In some cases, teaming agreements might not be considered a fully binding contract, so it is crucial that you study the agreement carefully and have it reviewed by an attorney who specializes in these types of contracts. For instance, the agreement might not include a finalized pricing structure, or the scope of work may be too vague.
Additionally, if you are a subcontractor, you are completely reliant on the prime contractor for your payment as well as your relationship with a federal agency. The federal government does not pay its bills as quickly as they usually are paid in the private sector, which means your prime contractor also might have to delay payments to you.
Compliance risks are another issue that can arise with teaming agreements. In many cases, a prime contractor and all subcontractors might meet certain FAR requirements. If the subcontractor or prime contractor fails to comply, this could lead to penalties or even contract termination.
The best advice is to create a solid, legally-binding teaming agreement with a partner that you trust. This can ensure that a contract is fulfilled precisely according to its terms, and this success can help you win future federal contractor jobs.
Do You Need SAM Registration?
If you are a small business owner intent on serving only as a subcontractor, registering with the System for Award Management (SAM) is not always required. However, prime contractors typically prefer teaming with companies with an active SAM registration because it ensures that the federal procurement agent can find up-to-date information about the subcontractors, and taking this step signifies your professionalism and commitment to compliance and readiness to participate in the federal marketplace.
Additionally, if a contract requires subcontractors that are part of an SBA set-aside program, you will be required to be registered in SAM for certification. SAM is the central database for all federal contractors as well as federal grant recipients. Whether you wish to subcontract as an SBA-certified company or wish to bid on grants that require SBA certification, SAM registration is required.
The government does not charge a fee for SAM registration or SAM renewal, but, as with most things connected to government contracting, the process can be confusing and extremely time-consuming. Many business owners prefer to hire a third-party registration service to complete this process.
At Federal Contractor Registry, we can complete your SAM registration quickly and 100% accurately. We also will help you attain your UEI number (Unique Entity Identifier), which is required for SAM registration. If you are a small business owner, we also can help you sign up with the SBA and determine which set-asides best fit your business.
Whether you decide to work solo or opt for teaming agreements, federal contractor jobs can serve as a great way to grow your business. If you are ready to get started and would like our help with SAM registration, simply click on the green New Registration tab on our homepage and fill out our quick contact form.