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bf68415

CIO-SP3 GWAC JV Bid

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Can an organization bid on CIO-SP3 task orders if they do not have the contract, if:

A ) They acquire another small business who does have the contract?  If so, what level of acquisition is necessary?  Do they need to fully incorporate the company, or can they stand as separate small business that is owned by the other small business?

B ) They form a new Joint Venture with an organization who has the contract?

C ) Purchase the contract vehicle from a company who has the contract?

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bf68415,

You are asking legal questions. What does your attorney say?

Here are my thoughts:

A ) If a small business acquires another small business, both businesses may lose their SB status. This is true regardless of the "level" of acquisition. Have you reviewed the affiliation rules of the Small Business Administration regulations? Has your attorney reviewed those rules? Even if the acquired entity loses its SB status, it may still be able to bid on its existing contract, depending on contract terms and Agency policies. Has your attorney reviewed the contract terms and the applicable policies in that area?

B ) There are JVs and there are other, similar arrangements such as Teaming Agreements. Which approach has your attorney suggested? What are the benefits to the other SB entity from such an arrangement?

C ) Even if you purchase the contact vehicle, why should the customer award your entity a task order? What do you bring to the table that another contract holder doesn't?

Again, my thoughts are valueless and you really need to discuss this with an attorney. I know you are from a small business and good attorneys are expensive. In this case, if you don't spend the money I think you are making a really big mistake.

H2H

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Mr. Culham,

Not that I disagree with you, but why would a CO who received a question from a 3rd party who does not currently hold a contract actually take the time to respond? If it were me I would hit "delete" because I don't know the person or the company and I have no relationship with them.

H2H

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bf64815,

 

With regard to your question C ), it has happened in at least one case on NIH CIO-SP3 SB.  A small business was awarded the set-aside GWAC as a result of the original CIO-SP3 SB competition. Other than the minimum guarantee ($250), the small business received no task order awards.  The contract was subsequently novated to a large business, and that large business has since received over $125M in funded task order awards under the small business GWAC.  As others have suggested, talk to an attorney.  There are apparently some pretty good ones out there.

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H2H - Why because it is an existing contract and sooner or later a SB that is anticipating doing what the OP is suggesting is going to have to talk to the Agency/CO for guidance no matter what an attorney tells them.   Your post where you said "depending on contract terms and Agency policies" suggests it to a degree by my read but is not said outright.   Awhinton's post points this out as well. Your thoughts posted are important and my intent was not to distract from them but to enhance them.  I used poor wording, I should not have said "in the alternative" but probably should have said "I also suggest" and have edited my post.

 

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bf - I guess I have too much time on my hands.  It would seem that the following may be helpful when you discuss business organization issues and anticipated performance under the existing CIO-SP3 contract(s) with an attorney.

I live in the Pacific Time Zone.  On Saturday at 9:47AM I sent the following email to nitaachelpdesk@mail.nih.gov

"Can my company bid on CIO-SP3 task orders if I do not have the contract, if:

A ) I acquire another small business who does have the contract?  If so, what level of acquisition is necessary?  Do I  need to fully incorporate the company, or can the new entity stand as separate small business that is owned by my small business?

B ) Can I  form a new Joint Venture with an organization who has the contract?

C ) Can I purchase the contract vehicle from a company who has the contract?

Thanks in advance for responding to these questions."

Today Monday at 5:21AM I received the following email –

"Hello,

Thank you for your interest in NITAAC’s Government Wide Acquisition Contracts (GWAC) program. 

The ramp on procedures are explained in the conformed contract, which can be downloaded from our website. For CIO SP3  Small Business, refer to Article  H.14.  For CIO SP3 and  CIO-CS refer to Article H.15"

 

Interestingly there is also a “Ramp Off” procedure in each of the contracts as well. 

 

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