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How does a joint venture (JV) differ from a teaming agreement for federal contracts?

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My company is looking to partner with another firm for a large federal IT services bid, and we're weighing the pros and cons of a formal joint venture versus a more flexible teaming agreement. We are targeting a Request for Proposal (RFP) for a large IT modernization effort, NAICS 541512, which is a full and open competition. We’ve heard about the SBA Mentor-Protege Program and how JVs can benefit, but our potential partner is not a protege. We have a meeting coming up with them to discuss the structure. What are the key distinctions between a joint venture and a teaming agreement for federal contracts, especially concerning liability and how each affects our ability to win a contract?

asked Priya S. Verified vendorCapture manager, IT services · Herndon, VA · 666 rep

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A joint venture (JV) is a separate legal entity formed by two or more companies, while a teaming agreement is a contractual arrangement between a prime contractor and a subcontractor for a specific project. For federal contracts, the key distinctions lie in legal structure, liability, and how each affects contract awards. A JV, as a separate legal entity, would register in SAM.gov with its own Unique Entity ID (UEI) and CAGE code, and it would be the direct awardee of the contract. This structure means the JV itself is primarily liable, and the parent companies have liability according to their JV agreement. In contrast, with a teaming agreement, one company is the prime contractor, holding the contract directly and bearing primary liability, while the other is a subcontractor. The prime is responsible for the overall performance of the contract and for managing the subcontractor relationship. The FAR, specifically FAR Part 9.6, addresses contractor team arrangements. While your potential partner is not a protege, the SBA does allow for JVs between non-protege firms. The choice between a JV and a teaming agreement depends on the complexity of the project, the desired level of shared risk and reward, and long-term strategic goals for future bids.

answered Luis A. Verified vendorSDVOSB founder, court reporting and legal support · San Antonio, TX · 701 rep

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Sign up to answerCite the FAR clause or procurement code where you can.