ECC RFI 1 Question and Answer 08 Feb 22 .pdf

ECC RFI

#1

In regards to item 4 of the solicitation “ Special Standard of Responsibility (SSR) documentation” can either member of the Partnership, Joint Venture, or Teaming Agreement provide the required documentation? I have included the FAR clause for reference below

Subpart 9.6 - Contractor Team Arrangements

9.601 Definition.

Contractor team arrangement, as used in this subpart, means an arrangement in which -

(1) Two or more companies form a partnership or joint venture to act as a potential prime contractor; or

(2) A potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified Government contract or acquisition program.

[48 FR 42142, Sept. 19, 1983, as amended at 66 FR 2128, Jan. 10, 2001]

9.602 General.

(a) Contractor team arrangements may be desirable from both a Government and industry standpoint in order to enable the companies involved to -

(1) Complement each other's unique capabilities; and

(2) Offer the Government the best combination of performance, cost, and delivery for the system or product being acquired.

(b) Contractor team arrangements may be particularly appropriate in complex research and development acquisitions, but may be used in other appropriate acquisitions, including production.

(c) The companies involved normally form a contractor team arrangement before submitting an offer. However, they may enter into an arrangement later in the acquisition process, including after contract award.

[48 FR 42142, Sept. 19, 1983, as amended 84 FR 19846, May 6, 2019]

9.603 Policy.

The Government will recognize the integrity and validity of contractor team arrangements; provided, the arrangements are identified and company relationships are fully disclosed in an offer or, for arrangements entered into after submission of an offer, before the arrangement becomes effective. The Government will not normally require or encourage the dissolution of contractor team arrangements.

9.604 Limitations.

Nothing in this subpart authorizes contractor team arrangements in violation of antitrust statutes or limits the Government's rights to -

(a) Require consent to subcontracts (see subpart 44.2);

(b) Determine, on the basis of the stated contractor team arrangement, the responsibility of the prime contractor (see subpart 9.1);

(c) Provide to the prime contractor data rights owned or controlled by the Government;

(d) Pursue its policies on competitive contracting, subcontracting, and component breakout after initial production or at any other time; and https://www.ecfr.gov/current/title-48/part-9/subpart-9.6 https://www.ecfr.gov/current/title-48/section-9.601 https://www.federalregister.gov/citation/48-FR-42142 https://www.federalregister.gov/citation/66-FR-2128 https://www.ecfr.gov/current/title-48/section-9.602 https://www.federalregister.gov/citation/48-FR-42142 https://www.federalregister.gov/citation/84-FR-19846 https://www.ecfr.gov/current/title-48/section-9.603 https://www.ecfr.gov/current/title-48/section-9.604

(e) Hold the prime contractor fully responsible for contract performance, regardless of any team arrangement between the prime contractor and its subcontractors.

GOVERNMENT RESPONSE:

The Prime Contractor or one of the two members of a Small Business certified Joint Venture (sharing, and proposing with, one CAGE code) may provide the required documentation. Teaming agreements/commitment letters will not be recognized because the government is only contractually bound to the prime contractor.