In any teaming arrangement, it is important to insure that all teaming partners have an affirmative obligation to comply with all applicable laws and regulations. While this can be accomplished via simple broad language such as that shown in “Option 1” below, often many small businesses or businesses new to government contracting may be unfamiliar with the many unique and special obligations that often apply. The better practice, is one which draws specific attention to laws and obligations which are unique to government contracting activity. Option 2 below offers an example of a more detailed provision and a menu of clauses that can be selectively used as appropriate.

Option 1:

(a) Each of the parties acknowledges that it is solely responsible for its own compliance with all applicable federal, state and local laws, regulations rules, orders and ordinances in connection with its performance under this Agreement, including but not limited to the Foreign Corrupt Practices Act and those relating to wages, hours, employment practices, equal opportunity, anti-discrimination, employee health and safety, environmental protection and working conditions for its own employees.

Option 2:

(a) The Parties agree to comply with all applicable federal, state and local laws and all orders, rules and regulations thereunder in the performance of this Agreement, including, without limitation, the following:
Specific Clauses: [include as appropriate, edit text as applicable for prime/sub, jv, or multiple member arrangements]

FCPA Compliance

Contractor acknowledges that Team Member is located in the United States and is subject to the Foreign Corrupt Practices Act (“FCPA”), which generally prohibits corporations from paying, offering or promising to pay, or authorizing the payment of, directly or indirectly, any money to: (i) any official or employee of any government, any political party or party official or any candidate for political office (collectively, “Officials”), or (ii) any other person whom Contractor knows, or ought reasonably to know, will pass on the whole or part of the payment to an Official, for the purpose of influencing any act or decision of the Official or of the government, or inducing the Official to use his or her influence with the government to affect or influence any act or decision of that body, in order to obtain or retain business or to direct business to any person. Contractor acknowledges that it is prohibited from engaging in any activities in violation of the FCPA.

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Labor Laws Specific

Subcontractor agrees at all times to comply with all applicable Federal, State and local laws, rules and regulations, including but not limited to, Executive Order 11246 as amended on Equal Opportunity, the Fair Labor Standards Act, the Walsh-Healy Public Contracts Act, and the Foreign Corrupt Practices Act.
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Export Controls.
_______'s products and technology are controlled for export purposes by the U.S. Government pursuant to the Arms Export Control Act and the International Traffic in Arms Regulations or the Export Administration Act and the Export Administration Regulations. It is Subcontractor's responsibility to comply with the applicable export laws and regulations before engaging in export activities, including engaging in exports, re-exports, or the disclosure of technical data in the U.S. to foreign persons, is a deemed export.
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Classified/Security.
To the extent the obligations of the Parties hereunder involve access to or transmittal of information classified by the U.S. Government as “Confidential” or higher, the provisions of all applicable federal laws, statutes and regulations shall apply to this Agreement. Transmittal of and access to classified information shall be governed by the provisions of FAR § 52.204-2 and all applicable United States-approved security measures.
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Procurement Integrity.
Subcontractor hereby acknowledges that it is familiar with, and will comply with, the requirements of Subsections 27(a), (b), (d), and (f) of the Office of Federal Procurement Policy Act as amended (41 U.S.C. 423) as implemented in the Federal Acquisition Regulations (Procurement Integrity provisions). Subcontractor agrees to report to Contractor any information concerning a violation or possible violation of the Act pertaining to this teaming agreement. Failure to comply with provisions of this clause shall be a material breach of contract by Subcontractor.
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Taxes

Each party shall be responsible for its respective present and future taxes, duties, tariffs, fees, imports, and other charges, including, but not limited to, income, excise, import, purchase, sales, use, turnover, added value, gross receipts, gross wages, and similar assessments imposed upon such party by any taxing authority as a result of the performance of the party's duties and responsibilities hereunder.

To qualify as a small business concern for most SBA programs, small business size standards define the maximum size that a firm, including all of its affiliates, may be. A size standard is usually stated in number of employees or average annual receipts. SBA has established two widely used size standards—500 employees for most manufacturing and mining industries, and $7 million in average annual receipts for most nonmanufacturing industries. While there are many exceptions, these are the primary size standards by industry.

PRESS OFFICE
Release Date: August 19, 2010
Contact: Cecelia Taylor (202) 401-3059
Release Number: 10-44
Internet Address: http://www.sba.gov/news

SBA Hosts Mentor-Protegé Conference as part of MED Week 2010
10 Small Businesses vie for National Minority Small Business Person of the Year

WASHINGTON – The U.S. Small Business Administration will host a mentor-protégé small business matchmaking session Aug. 23 just prior to the 28th annual National Minority Enterprise Development (MED) Week conference, which runs Aug. 25-27, 2010 at the Omni Shoreham Hotel in Washington, D.C.

During the mentor-protégé conference, small business owners can connect with mentors – virtually and face-to-face – and learn about government contracting, financial, technical and management assistance, as well as joint-venture opportunities.
The day-long conference will also include workshops on “Succeeding in a Tough Construction Market” and “SBA Surety Bond.” Small businesses interested in participating in the matchmaking events can register at sba.mybusinessmatches.com. For more information on other MED Week workshops, or to register for the conference, visit www.medweek.gov.
MED Week is a collaboration with the Minority Business Development Agency of the U.S. Department of Commerce and the SBA. The theme for this year’s MED Week event is “Strategies for Growth and Competitiveness in the Global Economy.” The conference will focus on helping minority small businesses expand their operations and establish a presence in the global marketplace through exporting.

Another event highlight will be the recognition of the National Minority Small Business Person of the Year. The national winner will be chosen from 10 regional winners representing Massachusetts, New York, Virginia, North Carolina, Michigan, Texas, Nebraska, Utah, California and Washington. Regional award winners have businesses that offer services ranging from environmental technology solutions to recruiting medical professionals who work for the military and other public institutions.
“This year’s MED Week event offers an opportunity to celebrate the positive impact minority small business owners have on their communities across the country as well as an opportunity for small businesses to learn critical tips for taking their business global,” said SBA Administrator Karen G. Mills.

In addition to announcing the national minority small business award winner, SBA will present the SBA Administrator’s Leadership award to Jeanette Brown of the U.S. Environmental Protection Agency in Washington, D.C. The 8(a) Graduate Firm of the Year award will be presented to Edward O. Watts, president of Watts Architecture & Engineering, P.C., of Buffalo, N.Y.
The 10 Regional Minority Small Business Persons of the Year are:
REGION I
Janet Ceddia, President
Security Construction Services (SCS), Inc.
Boston, Mass.

REGION II
Shandra Roberson
S & W Contracting of Western New York, Inc.
Buffalo, N.Y.

REGION III
Michael E. Melo
ITA International, LLC
Yorktown, Va

REGION IV
Melissa A. Leifheit
Military & Federal Construction Company, Inc.
Jacksonville, N.C.

REGION V
Perry Mehta, President
FutureNet Group, Inc.
Detroit, Mich.

REGION VI
Veronica Edwards
InGenesis, Inc.
San Antonio, Texas

REGION VII
Lance G. Morgan
All Native Services Company
Winnnebago, Neb.

REGION VIII
Denise Mitchell, Managing Member
Advanced Solutions Group, LLC
Kaysville, Utah

REGION IX
Marty Rapozo, President
Abide International
Sonoma, Calif.

REGION X
Patrick L. Hughes
Owner/Managing Member
Hughes Group LLC
Lakewood, Wash.

For more details on this year’s MED Week conference, please visit www.sba.gov/medweek2010, or www.medweek.gov.
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Federal Register: August 14, 2009
ACTION: Final rule.

SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to amend
its acquisition regulations to formally encourage GSA prime contractors
to assist small business, including veteran-owned small business,
service-disabled veteran-owned small business, HUBZone, small
disadvantaged business, and women-owned small business, in enhancing
their capabilities to perform contracts and subcontracts for GSA and
other Federal agencies. The program seeks to increase the base of small
business eligible to perform GSA contracts and subcontracts. The
program also seeks to foster long-term business relationships between
GSA prime contractors and small business entities and to increase the
overall number of small business entities that receive GSA contracts,
and subcontract awards.

DATES: Effective Date: September 14, 2009.
Applicability Date: The final rule applies to solicitations and
existing contracts for supplies or services, including Federal Supply
Schedules and construction. Existing contracts shall be modified at no
cost to the Government by mutual agreement of both parties.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-0044. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat (VPR), Room 4041, 1800 F Street, NW, Washington, DC, 20405,
(202) 501-4755. Please cite Amendment 2009-09, GSAR case 2006-G501

See the downloads area of this website for a complete copy of the final rule.

GSA # 10633

September 15, 2009
Contact: Diane Merriett, (202) 501-1231
diane.merriett@gsa.gov

WASHINGTON – Taking aggressive steps to expand federal contracting opportunities and support to small businesses, the U.S. General Services Administration recently launched a new Mentor-Protégé Program.

The goal of the program, sponsored by GSA’s Office of Small Business Utilization, is to motivate and encourage GSA prime contractors to partner with smaller companies and help them earn more business.

“The business mentoring concept is a proven model for increasing small-business access to key subcontracts,” said GSA Acting Administrator Paul Prouty. “The program fosters long-term business relationships between prime contractors and small business subcontractors, which strengthens contracting opportunities for all parties.”

GSA recently received the highest possible rating on its Small Business Procurement Scorecard issued by the U.S. Small Business Administration. The Mentor-Protégé Program is one effort by GSA to maintain and enhance its small-business contracting efforts, particularly as it implements the American Recovery and Reinvestment Act.

The agency’s Mentor-Protégé Program enables GSA prime contractors to furnish developmental assistance to protégé small businesses, including disadvantaged, women-owned, historically underutilized business zoned, veteran-owned, and service-disabled veteran-owned.

For additional information on GSA’s Small Business Mentor-Protégé Program, visit www.gsa.gov/smallbusiness.