The OASIS+ Phase II Solicitations have been open for several months, and there is still a steady stream of contractors applying for the vehicle. One question we often get asked at Winvale is how companies that aren’t able to meet the required number of credits can still participate in OASIS+. The answer to this is by using Contractor Teaming Arrangements, or CTAs to form a Joint Venture (JV) or become a subcontractor. In this blog, we’ll go over what CTAs are on OASIS+, who should consider entering into one, and how the requirements for differ for each type.
What is a Contractor Teaming Arrangement on OASIS+?
OASIS+ uses the definition of Contractor Teaming Arrangement (CTA) defined in the FAR Companion Version 2.0, FC 9.000: two or more companies forming a partnership or joint venture as a potential prime contractor, or a prime contractor agreeing with other companies to act as subcontractors for a specific government contract.
In other words, there are two ways to form a CTA for the purposes of submitting an OASIS+ proposal. Offerors can either form a Joint Venture, or enter into a subcontractor agreement. The OASIS+ Solicitation lays out specific conditions for each type of CTA, including submission and size standard evaluation requirements.
How Are OASIS+ CTAs Different from MAS CTAs?
Contractors who are familiar with the Multiple Award Schedule (MAS), or who already hold a MAS contract, may have already heard the term CTA. However, “CTA” has a very different meaning for MAS contracts than for OASIS+ contracts. MAS CTAs do not follow the FAR definition – they involve two or more contractors partnering to fulfill a specific requirement. Unlike a JV, they do not form a new legal entity, and unlike a subcontracting commitment, no party is acting as a subcontractor. Even though they use the same acronym, CTAs on MAS and OASIS+ are completely different types of agreements.
Who Should Consider Teaming on OASIS+?
The primary benefit of teaming for OASIS+ contracts is that it makes it easier for companies to meet the qualification threshold. In order to qualify for an OASIS+ contract, companies must evaluate themselves against the OASIS+ scorecard attachment, and achieve either 36 (for small business set-aside proposals) or 42 (for Unrestricted proposals) credits. If your company doesn’t achieve the minimum score, your proposal will be rejected.
Credits are earned based on a variety of factors, but primarily come from Qualifying Projects (QPs), which are evaluated based on scale and complexity. When entering into a teaming arrangement, offerors can use projects are resources from both members of the team in order to claim credits, making it much easier to reach the threshold. What credits can be claimed from each team member vary slightly between JV and subcontractor teaming arrangements.
How Do Joint Ventures (JVs) Work on OASIS+?
Joint Ventures (JVs) involve two or more companies forming a new legal entity. In order to submit a proposal, Joint Ventures must be registered in SAM.gov and have Unique Entity Identifier (UEI), and the proposal must be submitted in the name of the Joint Venture. Submitting as a JV allows offerors to use experience and resources from the JV itself or from either partner for most of the proposal requirements.
Qualifying Projects can be from the Joint Venture or from either partner, with the caveat that for SBA mentor-protégé Joint Ventures, at least one project must be from the protégé. Federal Experience Projects; Systems, Rates, and Clearances; Certifications; and Past Performance submissions can all be from either the JV itself or an individual member. Cost/Price submissions, however, must be in the name of the JV.
Offerors should clearly explain which member’s accounting system was used to generate the data and rates in the Cost/Price submission, but the final submission must be in the name of the Joint Venture. Joint Venture offerors must also submit a copy of the JV agreement and fill out Attachment .P-7, CTA Qualifications & MCRL List Template.
How Do Proposed Subcontractors Work on OASIS+?
The second option for teaming under OASIS+ is proposing subcontractors. Offerors can agree with one or more other companies to have them act as first-tier subcontractors under an OASIS+ contract. Under this arrangement, the prime contractor will be the offering entity (meaning the final OASIS+ contract will be in the prime contractor’s name only). Like with Joint Venture teaming arrangements, offers with proposed subcontractors can leverage the past performance of the proposed subcontractors in their offer, with a few key differences.
The only items permitted to be from proposed subcontractors are Qualifying Projects, Federal Experience Projects, and Past Performance submissions. Systems, Rates, and Clearances; Cost/Price submissions, and all items in the General and Responsibility sections must be in the name of the offering entity. Additionally, submission must include a Subcontractor Letter of Commitment for each proposed subcontractor, which includes authorization from the proposed subcontractors for their past performance to be used in the submission and a commitment to support the prime contractor.
For businesses submitting under any of the small business set aside solicitations, the Letters of Commitment must also include a statement of understanding that the prime contractor will not pay more than 50 percent of the amount paid by the government to subcontractors that are not similarly situated entities. In other words, if Company A is Woman-Owned Small Business awarded a contract for $100,000, they will not spend more than $50,000 subcontracting to businesses that are not also Woman-Owned Small Businesses.
This brings us to one of the most critical points to understand regarding subcontracting teaming arrangements: the size standard for offers which includes proposed subcontractors is based on the largest size standard among all team members, not the size of the prime contractor. For example, if Company A submits a proposal with Company B as a proposed subcontractor, Company A can only be awarded Contract Line Item Numbers (CLINs) under which Company A and Company B are able to represent as small businesses.
Still Have Questions About Teaming Arrangements on OASIS+?
OASIS+ proposals are difficult enough to prepare when just one company is involved, and teaming arrangements add another layer of complexity to the process. If you have more questions about OASIS+ teaming arrangements, or are wondering if OASIS+ is right for your company, reach out to us. One of our skilled consultants can help you navigate the OASIS+ process.
