Subpart 9.6
Contractor Team Arrangements
FAR Subpart 9.6 enables and regulates contractor team arrangements, ensuring collaboration is beneficial, transparent, and compliant with procurement and antitrust laws.
Overview
FAR Subpart 9.6 addresses Contractor Team Arrangements, providing definitions, general principles, policy guidance, and limitations for government contracting professionals. This subpart clarifies how two or more companies may collaborate to compete for and perform government contracts, either as a joint venture or through prime/subcontractor relationships. The regulation ensures that such arrangements are recognized and evaluated appropriately during the acquisition process, while also setting boundaries to prevent anti-competitive practices and ensure compliance with other FAR requirements.
Key Rules
- Definition of Contractor Team Arrangements (9.601)
- Defines what constitutes a contractor team arrangement, including joint ventures and prime/subcontractor relationships formed to pursue government contracts.
- General Principles (9.602)
- Outlines the acceptability of team arrangements and their recognition in the acquisition process, emphasizing that agencies may consider the capabilities of the team as a whole.
- Policy Guidance (9.603)
- Establishes that team arrangements are encouraged when they enable companies to complement each other's capabilities and offer the government the best combination of performance, cost, and delivery.
- Limitations (9.604)
- Sets forth restrictions to prevent team arrangements from violating antitrust laws or circumventing procurement regulations, and clarifies that such arrangements do not relieve contractors of individual responsibility.
Responsibilities
- Contracting Officers: Must recognize and evaluate team arrangements appropriately, ensuring compliance with policy and limitations.
- Contractors: Must structure team arrangements in accordance with FAR definitions and limitations, ensuring transparency and compliance with antitrust and procurement laws.
- Agencies: Should encourage beneficial team arrangements while monitoring for anti-competitive practices.
Practical Implications
- This subpart exists to facilitate collaboration among contractors, allowing them to pool resources and expertise for government contracts.
- It impacts daily contracting by providing a framework for forming and evaluating team arrangements, which can enhance competition and performance.
- Common pitfalls include failing to properly disclose team arrangements, violating antitrust laws, or misunderstanding the limitations imposed by the FAR.