Subcontracting, Joint Ventures and Strategic Alliances
In today’s increasingly competitive procurement environment, involving larger, increasingly broad scoped and longer-term contracts, as well as the growing emphasis on the use, integration and promotion of small and disadvantaged businesses, contractors must work and team with other companies to satisfy the government’s diverse needs and requirements. Jackson Kelly regularly works with and advises both small and large business clients on the various options for working with other companies to prepare and submit proposals on and perform contracts. Jackson Kelly’s approach addresses business operational issues, antitrust considerations, cost and tax issues, risk allocation and small business and other compliance issues.
Government Contracts and Investigations Practice Group attorneys work closely with attorneys in the Commercial Law and Tax Practice Groups to select the most advantageous corporate structure and prepare the appropriate corporate and transactional documents to meet clients’ needs. Attorneys regularly draft, review and negotiate teaming agreements, joint venture agreements and subcontracts and ensure that the terms contemplate the full range of possible future developments and meet regulatory requirements and, equally importantly, address the parties’ long-term business needs, to facilitate successful, mutually advantageous, long-term arrangements.
Assisted client in assembling an integrated services team and negotiated subcontracts between the client and various team members for a $1.1+B proposal for the 10-year operation of the Postal Service’s Express Mail overnight air transportation network and negotiated modification of the same to incorporate an additional air carrier party and alternative equipment.
Negotiated a teaming agreement and subcontract between client security printer and a potential competitor, combining the two companies’ complementary capabilities to offer the Postal Service a full range of desired printing services.
Established and implemented a subcontracting program for a small business awarded a multi-year 8(a) contract for the operation of the parking concession at Dulles International Airport and negotiated a wide range of subcontracts for a variety of purposes, including parking lot facilities expansion construction, revenue collection and tracking equipment acquisition, security guard services and grounds maintenance services.
Represented several small 8(a) and women-owned small businesses in negotiating approval of various mentor-protégé, teaming agreements and/or joint venture agreements and subcontracts, including under the 8(a) and various veteran-owned small business programs.
Negotiated asset sale and novation of ground transportation contracts from unionized contractor to non-union company and defended a broad-ranging challenge by the selling client’s employees’ union, including in the U.S. District Court, before the National Labor Relations Board, the agency and the agency Officer of Inspector General, including having to counter attempted Congressional interference and involvement.
Negotiated a joint venture teaming agreement to compete on a multi-million IT services contract for the Center for Medicare and Medicaid Services.
Click here to see relevant posts in the Jackson Kelly Government Contracts Monitor.