Before we get started, make sure you subscribe to our video channel. We're going to publish more videos about important topics and federal government contracting that you won't want to miss. Many government contractors understand that using teaming agreements and joint ventures can increase their chances of getting federal government contracts. However, 31% of those companies are not quite familiar with the setbacks and obstacles that the competition can use to try to get the contract revoked in a bid protest. Here are four important tips to keep in mind when using teaming agreements and joint ventures: 1. Be careful not to violate the limitations on subcontracting rules. Despite the new SBA rules in 2016, small businesses can still forfeit the contract award by not complying with the limitation on subcontracting rule. Generally, the prime contractor has to handle at least 51 percent of the contract cost. However, depending on your industry classification code, it could be less. The new SBA rules published in 2016 are not intended to completely eliminate small business size protests. As many of you may already know, the SBA revamped its small business teaming and joint venture rules to arguably minimize the possibility of affiliation. However, despite the more relaxed requirements, your company can still be found affiliated with the other company if that company exercises too much control over the contract. 3. Similarly situated small business rules are still relatively new. You should be familiar with them as the prime contractor. You can still avoid affiliation if your teaming partner or joint venture partner is considered a similarly situated small business. These are very fact-based relationships and should be approached with caution. For joint ventures not part of the SBA 8(a) program, they must still meet the statutory requirements. Many companies mistakenly believe that if their...
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A contract option may be exercised only if the contractor agrees Form: What You Should Know
Contractors, they should determine if the option exercise was a good exercise. Is it a good option exercise? Then, the contract may have been over-inflated. This would be common if the Government's use of option is too broad and the contractor doesn't know the extent of the option. What is the Government's Appropriate Method of Exercise? An option is a unilateral government assertion of a specific legal right in the future. When the government does what it does not want to do, it tends to be improper. (Gross negligence is where the government does not do what it is contracted to do and does so with gross negligence, and the contractor has knowledge or should have knowledge of the Ask a Professor: Questions about Legal Rights How the option clause has been construed varies among the contract's clauses. Some contracts use the term “option” and some do not. Some require an option clause and some do not. Some use only the word “option,” while other clauses have other words such as “contract,” “presents,” “terms and conditions,” or “contractor.” There are contracts where an option cannot be exercised if the party does not exercise it. An option clause is not as simple as that. It is a negotiation regarding the specific terms of the contract and is subject to interpretation and courts' interpretation and application of the applicable laws. These laws include the Constitution, the applicable Contractors, They Are Required to Answer these three questions: 1 — Is there a language provision in the contract restricting the exercise of the option? 2 — Has the agency issued a memorandum stating it will not exercise the option clause? Or 3 — Does it not contain an option that could have been exercised? The three questions above indicate that, when appropriate, a contractor should exercise a contract's option, or it may be rescinded. Some questions can and should be modified to apply to the contract at hand. For example, if the contract is for a long-term project, the contractor should exercise the option and determine whether there is any ambiguity whether it was intended to remain in effect for the whole time period, or for the entire budget period. The contractor should also ensure that, if the contract has the word Option: the contract is over-inflated. If the contract has the word Contract, the contract may be not a good option exercise.
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