Recently I have seen teaming agreements (not Joint Venture's) on solicitations in this office where a small business will use the large business to meet requirements for a solicitation that is 100% set aside to small businesses. Example, requirement is 100% set-aside for small business and part of the evaluation is for experience and key personnel. Company A (the small business) says it has a teaming arrangement with company B (a large business) and then uses the experience and resumes of company B as part of its proposal/quote submission. From what I have read the teaming arrangement (FAR Part 2 "Small Business Teaming Arrangement") really just refers to the prime and subcontractor relationship, its internal to the companies and has no promise or guarantee to the Government. I do not see where it references that a company can use the resources, experience, or personnel and claim as their own. In the cases I saw the teaming agreements had a signed agreement by both parties laying out responsibilities. There is nothing documenting that they are Mentor-Protege. To summarize, my question is does anyone have experience with teaming agreements where one company is using the teaming agreement to submit requirements that are not their own, and the second is there anything regulation or case law wise that allows/dis-allows company A to use company B experience and/or resources to submit for a federal requirement?

Have you read FAR 15.305(a)(2)(iii)?

Nope, not till you pointed it out.

It uses "should" where as (vi) uses "shall". If two companies form a teaming agreement it indicates a commitment of the two companies but not a guarantee. In one of the cases the small company solely relied on the large business for non-price evaluations, although my conversation with the SBA said they had an affiliation issue which would exclude them anyways. Would this be a case where the small business (company A) claims the experience of the large (company B) and if we find out that company B backs out after award we find them non-compliant and terminate (similar to if a company promises key personnel and the key personnel leaves without someone equivalent replacing them)?

5 hours ago, sackanator said:

To summarize, my question is does anyone have experience with teaming agreements where one company is using the teaming agreement to submit requirements that are not their own, and the second is there anything regulation or case law wise that allows/dis-allows company A to use company B experience and/or resources to submit for a federal requirement?

Yes and based on my experience I suggest you seek legal counsel. The quick of it is the teaming agreement matters and requires scrutiny to ensure that "affiliation" is not present to the extent that the small business is not considered by affiliation a large business. The place to start is 13 CFR 121.103. The risks? Protest by another entity who believes there is affiliation and whether the prime SB meets the subcontracting limitation (FAR 52.219-14) as determined at award and during performance.