4. Small Prime Contractors and
Subcontractors:
“The Traditional Nuclear Family”
SB Prime must perform 50%*
Subcontractors may perform 50%*
(Must avoid “ostensible” relationship)
relationship
*Services contracts 4
5. Small Prime Contractors and
Subcontractors:
What is an Ostensible Subcontractor?
A sub that performs primary and vital
requirements of the contract or
A sub that the prime is unusually reliant
upon.
SBA uses a “Seven Factor” test to determine
the size status of the prime/sub relationship
5
6. Small Prime Contractors and
Subcontractors:
SBA’s “ Seven Factor” Test
1. Management?
2. Expertise?
3. Marketing?
4. Collaboration?
5. Staff allocation?
6. Tasks to be performed?
7. Performance of complex/costly functions?
6
7. Teaming
Whether done unintentionally or
intentionally, an “ostensible”
subcontractor relationship is considered a
Joint Venture.
SBA will aggregate employees and
revenues of both
firms to determine
size.
7
9. Strategic Enhancements
Technical Competency
Financial Capacity
Specific Capabilities
Past Performance
And size…
9
10. Teaming
8(a) Joint Ventures
>$10 million (Employee-based)
or >1/2 NAICs (Revenue-based)
8(a) JV is small if all partners are small
and
at least one 8(a) is <1/2 NAICs
(Must still avoid “ostensible” relationship)
relationship
10
12. Federal Mentor Protégé Programs
Department of Defense
NASA
Homeland Security
SBA 8(a) Program
12
13. Federal Mentor Protégé Programs
A Common Denominator…
“Developmental Assistance Plans”
13
14. Identifying Developmental Assistance
Targets:
• Build professional relationships with
successful senior corporate officials
• Utilize mentor resources to enhance
operations (HR, IT infrastructure,
financial systems)
• Obtain valuable certifications
• Increase contracts/revenue
14
15. 8(a) Mentor Protégé Program
Designed to facilitate lasting mutually-
beneficial business relationships between
partners in the private sector.
15
16. Protégé Qualifications
•Certified as 8(a) company
•Must be either: (1) in the developmental
stage of program participation; (2) never
received an 8(a) contract; or (3) be less than
half the size standard corresponding to your
primary NAICS code.
•SBA is prohibited from approving a new
Mentor/Protégé relationship within six
months of the end of an 8(a) Participant’s
program term.
16
17. Qualifications for Mentors
•Must have Favorable financial health.
•Must demonstrate good character.
•Must not appear on the Federal list of
debarred or suspended contractors.
•Must demonstrate knowledge and ability to
strengthen protégé capabilities.
17
19. SBA 8(a) Mentor-Protégé Joint Ventures
•The 8(a) MP JV may submit offers as a small
business prime on any Federal procurement
•The 8(a) MP JV may receive awards on any
offers submitted prior to being awarded a
third contract
19
20. 8(a) Mentor Protégé Joint Venture
Teams
JV, as prime, must perform 50%*
Subcontractors may perform 50%*
(8(a) JV Partner must do 40% of the work
performed by the JV partners)
partners
*Services contracts 20
21. Strategic Positioning
Maximize the Relationship
•Refer to yourself as the approved JV
•Develop website/page for JV
•Develop marketing materials for JV
•Remember to speak to JV team
capabilities when marketing
21
23. Affiliation:
Concerns are affiliates of each other when one
concern controls or has the power to control the
other.
Affiliation may arise from ownership interests,
common management or contractual
relationships that make the firms substantially
identical.