52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)
Source: FAR 52.207-6 on acquisition.gov
This provision ensures small businesses and their teaming arrangements or joint ventures are explicitly considered for multiple-award contracts, expanding opportunities for small business participation.
Overview
FAR 52.207-6 requires that solicitations for multiple-award contracts include a provision encouraging offers from small business concerns, as well as from small business teaming arrangements or joint ventures. The provision defines what constitutes a "Small Business Teaming Arrangement," including joint ventures and written agreements between small businesses to act as subcontractors. It also addresses mentor-protégé relationships for both civilian agencies and the Department of Defense (DoD), specifying when such arrangements qualify as small business teaming arrangements. The regulation ensures that small businesses and their collaborative arrangements are explicitly considered in the solicitation and evaluation process for multiple-award contracts.
Key Rules
- Definition of Small Business Teaming Arrangement
- Includes joint ventures and written teaming agreements between small businesses, detailing roles and work allocations.
- Mentor-Protégé Relationships
- Civilian agencies and DoD have specific criteria for mentor-protégé arrangements to qualify as small business teaming arrangements.
- Solicitation Requirement
- The government must consider offers from responsible small businesses, teaming arrangements, and joint ventures for multiple-award contracts.
Responsibilities
- Contracting Officers: Must include this provision in applicable solicitations and ensure offers from eligible small business arrangements are considered.
- Contractors: Must understand and properly structure teaming arrangements or joint ventures to qualify under the provision, including having written agreements where required.
- Agencies: Must recognize and evaluate offers from small business teaming arrangements and joint ventures in accordance with the provision.
Practical Implications
- This provision promotes small business participation in multiple-award contracts, including through teaming and joint ventures.
- Contractors must ensure their teaming arrangements meet the definition and documentation requirements to be eligible.
- Failure to properly document or structure arrangements may result in disqualification or missed opportunities for small businesses.
As prescribed in 7.107-6 , insert the following provision:
Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024)
(a) Definition. "Small Business Teaming Arrangement," as used in this provision-
(1) Means an arrangement where–
(i) Two or more small business concerns have formed a joint venture; or
(ii) A small business offeror agrees with one or more other small business concerns to have them act as its subcontractors under a specified Government contract. A Small Business Teaming Arrangement between the offeror and its small business subcontractor(s) exists through a written agreement between the parties that–
(A) Is specifically referred to as a "Small Business Teaming Arrangement"; and
(B) Sets forth the different responsibilities, roles, and percentages (or other allocations) of work as it relates to the acquisition;
(2)
(i) For civilian agencies, may include two business concerns in a mentor-protégé relationship when both the mentor and the protégé are small or the protégé is small and the concerns have received an exception to affiliation pursuant to 13 CFR 121.103(h)(3)(ii) or (iii).
(ii) For DoD, may include two business concerns in a mentor-protégé relationship in the Department of Defense Mentor-Protégé Program (see https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4902&num=0&edition=prelim" target="_blank">10 U.S.C. 4902) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the DoD Mentor-Protégé Program; and
(3) See 13 CFR 121.103(b)(9) regarding the exception to affiliation for offers received from Small Business Teaming Arrangements in the case of a solicitation of offers for a bundled contract with a reserve.
(b) The Government is soliciting and will consider offers from any responsible source, including responsible small business concerns and offers from Small Business Teaming Arrangements or joint ventures of small business concerns.
(End of provision)