VETS 2 TEAMING AGREEMENT

L.5.1.3 Contractor Teaming Arrangements, if applicable

Contractor teaming arrangement (CTA) means an arrangement in which -

  1. Two or more companies form a partnership or joint venture to act as a potential prime contractor; or
  2. A potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program.

L.5.1.3.1 Partnership or Joint Venture, if applicable

Two or more companies may form a partnership or joint venture, hereafter referred to as a joint venture, to submit a proposal in response to this solicitation.

Offerors submitting as a joint venture may submit a proposal under this solicitation subject to the following conditions:

  1. The joint venture is registered in SAM.GOV and has a corresponding DUNS Number.
  2. The joint venture meets the definition of a joint venture for size determination purposes (FAR 19.101(7)(i)).
  3. A joint venture shall submit elements identified in Section L.5, Volumes 1 through 7 as follows:
    • Volume 1 - The joint venture must fill out and submit the Representations and Certifications in Section K. Each member of the joint venture must also submit their individual Representations and Certifications in Section K. All other elements submitted for Volume 1 must be in the name of the joint venture.
    • Volume 2 - Relevant experience projects may be from the joint venture or an individual member of the joint venture.
    • Volume 3 - Past performance examples may be from the joint venture or an individual member of the joint venture.
    • Volume 4 - Offerors submitting as a joint venture must provide evidence of the system, certification, or clearance being in the name of the joint venture itself or in the name of every member of the joint venture. This applies to all systems, certifications, and clearances within section L.5.4. For certifications and clearances with varying levels (e.g. CMMI Levels 2 and 3), scoring will only be awarded for the levels that are in the name of the joint venture itself or have been met/exceeded by all members.
    • Volume 5 - Risk assessment elements are for the submitted proposal as a whole.
    • Volume 6 - The cost/price proposal shall be for the joint venture, not individual members. The Basis of Estimate (L.5.6.1) may explain how the joint venture members have divided responsibilities for purposes of proposing price/costs. A joint venture can blend cost and pricing data from the team. For example, if one member of the joint venture is responsible for proposed price/costs for a particular labor category, while another entity in the joint venture is proposing price/costs for a different labor category, the Basis of Estimate should disclose which of the respective team members is responsible for proposing which specific price/cost information.
    • Volume 7 - For unpopulated joint ventures, financial responsibility documents required by Volume 7 must be submitted for each member of the joint venture. For populated joint ventures, financial responsibility documents required by Volume 7 must be submitted for the joint venture itself.
  4. The Offeror must submit a complete copy of the joint venture agreement that established the CTA relationship, that includes the following information:

    i. Sets forth the purpose of the joint venture;

    ii. Designates an SDVO SBC as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for performance of the VETS 2 contract; the Government requests that the managing venturer be the primary point of contact with the Government during evaluation of the joint venture's proposal. This means that the Government requests a "release" from each non-managing member of the joint venture so that the Government can discuss confidential/privileged information about the non-managing members of the joint venture with the designated managing venturer.

    iii. Clearly identifies the entities which make up the joint venture, including disclosure of the primary point of contact and DUNS Number for each of the members.

    iv. States that not less than 51% of the net profits earned by the joint venture will be distributed to the SDVO SBC(s);

    v. Specifies the responsibilities of the parties with regard to contract performance (including all performance standards identified in Section F.5), source of labor and negotiation of the VETS 2 contract;

    vi. Obligates all parties to the joint venture to ensure performance of the VETS 2 contract and to complete performance despite the withdrawal of any member;

    vii. Addresses the circumstances and procedures for replacement of joint venture members, including the managing venturer, and whether or not the approval of the Government is required prior to replacing any members; The agreement should address that in order to replace members, including the managing venturer, Government approval is required.

    viii. Addresses the duration of the joint venture, including when it became effective, when it expires, and the basis for termination. The duration of the joint venture must include the complete VETS 2 period of performance.

    ix. Requires the final original records be retained by the managing venturer upon completion of the VETS 2 contract;

    x. Signature by a representative, with the authority to bind, from each member of the joint venture accepting all terms of the agreement.

  5. The offeror must submit a completed Attachment J.P-6 identifying the company that performed each Relevant Experience Project, the performing company's relationship to the offer and their current SDVOSB status. Current SDVOSB status is based on the representation made in Section K for the proposal. Failure to provide the Government with the requested documentation establishing the joint venture will be considered a material nonconformity and will result in the Offer being rejected.

L.5.1.3.2 Proposed Subcontractors, if applicable

An offeror may agree with one or more other small businesses to have them act as its subcontractors under a potential VETS 2 award.

Offerors submitting a proposal that includes proposed subcontractors may submit a proposal under this solicitation subject to the following conditions:

  1. The offeror and all proposed subcontractors must be registered in SAM.GOV and have a corresponding DUNS Number.
  2. The offeror and all proposed subcontractors must represent as small businesses for NAICS 541512 within SAM.GOV.
  3. An offeror with proposed subcontractors shall submit elements identified in Section L.5, Volumes 1 through 7 as follows:
    • Volume 1 - The offeror must fill out and submit the Representations and Certifications in Section K. Each proposed subcontractor must also submit their individual Representations and Certifications in Section K. All other elements submitted for Volume 1 must be in the name of the offeror.
    • Volume 2 - Relevant experience projects may be from the offeror or any proposed subcontractor.
    • Volume 3 - Past performance examples may be from the offeror or any proposed subcontractor.
    • Volume 4 - Any systems, certifications, and clearances claimed within section L.5.4 must be in the name of the offeror. Systems, certifications, and clearances held by proposed subcontractors will not be considered for scoring and shall not be submitted within the proposal.
    • Volume 5 - Risk assessment elements are for the submitted proposal as a whole.
    • Volume 6 - The cost/price proposal shall be for the offeror. Specific subcontractors and separate subcontractor pricing shall not be included in the cost/price proposal.
    • Volume 7 - Financial responsibility documents required by Volume 7 must be submitted for the offeror and each proposed subcontractor.
  4. The offer must submit a Subcontractor Letter of Commitment for each proposed subcontractor. The Government also has the right to accept those letters of commitment at face value. The intended use of such letters is to support Government validation of any subcontractor experience or past performance an offering prime identifies in response to this solicitation. The Government will not consider experience or past performance from subcontractors identified by offerors for which there is not a conforming Subcontractor Letter of Commitment. The information identified below is required for any Subcontractor Letter of Commitment to be deemed conforming, and no other information contained therein will be considered:

    i. A statement of commitment by the proposed subcontractor to support the offeror in performance of VETS 2 task orders.

    ii. A statement by the proposed subcontractor authorizing use of their relevant experience and past performance in support of the offering prime contractor's VETS 2 proposal.

    iii. A statement of understanding that at least 50 percent of the cost of personnel for contract performance will be spent for employees of the offeror or employees of other service-disabled veteran-owned small business concerns in accordance with FAR 52.219-27.

    iv. Offering prime contractor's legal name and DUNS number

    v. Proposed subcontractor's legal name and DUNS number

    vi. Name, phone number, and email address of the subcontractor's representative able to validate the letter's content

    vii. Signature of a representative with the authority to bind the proposed subcontractor.

  5. The offeror must submit a completed Attachment J.P-6 identifying the company that performed each Relevant Experience Project, the performing company's relationship to the offer and their current SDVOSB status. Current SDVOSB status is based on the representation made in Section K for the proposal.

Identification of proposed subcontractors does not result in consent of them for any particular task order; rather it addresses this evaluation factor. Consenting to specific subcontractors will still be needed on individual task orders when required by the Ordering Contracting Officer consistent with FAR 44.2.