FAR 52.207-6—Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts).
Plain-English Summary
FAR 52.207-6 is a solicitation provision used in multiple-award contract competitions to make clear that the Government is open to offers from responsible sources, including small business concerns and certain small business teaming structures. It defines what counts as a “Small Business Teaming Arrangement,” including a joint venture of two or more small businesses and, in some cases, a small business offeror using small business subcontractors under a written teaming agreement. The provision also addresses when mentor-protégé relationships can fit within the definition, with different treatment for civilian agencies and the Department of Defense, and it points readers to the affiliation exceptions in the Small Business Administration regulations. It further notes a special affiliation exception for bundled contracts with a reserve. In practice, this provision is meant to ensure the solicitation language does not unintentionally exclude small business participation and to signal that the agency will evaluate offers from qualified small business teams and joint ventures on the same basis as other responsible sources. For contractors, it is important because it can affect how a small business structures its proposal team, whether a joint venture or teaming arrangement is eligible, and whether SBA affiliation rules will apply or be excepted.
Key Rules
Open competition statement
The Government states that it is soliciting and will consider offers from any responsible source. That includes responsible small business concerns as well as offers submitted through qualifying Small Business Teaming Arrangements or joint ventures of small business concerns.
Definition of teaming arrangement
A Small Business Teaming Arrangement includes either a joint venture of two or more small business concerns or a written agreement where a small business offeror uses one or more other small business concerns as subcontractors for the specific Government contract. The agreement must be expressly called a Small Business Teaming Arrangement and must identify the parties’ roles, responsibilities, and work allocations.
Written agreement required
For a subcontracting-based teaming arrangement to qualify under this provision, the arrangement must be documented in writing and specifically labeled as a Small Business Teaming Arrangement. It must also spell out how the work will be divided, which helps the Government understand the team structure and evaluate the offer.
Civilian agency mentor-protégé treatment
For civilian agencies, a mentor-protégé relationship may be included in the definition if both firms are small, or if the protégé is small and the firms have an SBA exception to affiliation under 13 CFR 121.103(h)(3)(ii) or (iii). This means some mentor-protégé teams can qualify as small business teaming arrangements, but only when the SBA affiliation rules allow it.
DoD mentor-protégé treatment
For the Department of Defense, a mentor-protégé relationship in the DoD Mentor-Protégé Program may be included only when both the mentor and protégé are small. The provision expressly states there is no exception to joint venture size affiliation for offers received from teaming arrangements under the DoD Mentor-Protégé Program.
Bundled contract reserve exception
The provision points to 13 CFR 121.103(b)(9) for the exception to affiliation that can apply to offers received from Small Business Teaming Arrangements in a solicitation for a bundled contract with a reserve. This is a cross-reference to SBA rules, not a separate FAR rule, so the SBA regulation controls the affiliation analysis.
Responsibilities
Contracting Officer
Include this provision when prescribed by FAR 7.107-6 and use it to notify offerors that the solicitation will accept offers from responsible small businesses and qualifying small business teams or joint ventures. The contracting officer must also understand the SBA affiliation cross-references so the solicitation is not written or evaluated in a way that conflicts with applicable small business rules.
Small Business Offeror
Decide whether to compete alone, through a joint venture, or through a teaming arrangement, and ensure the structure fits the provision’s definition and the applicable SBA affiliation rules. If using subcontractors in a teaming arrangement, the offeror must have a written agreement that is specifically labeled as a Small Business Teaming Arrangement and clearly allocates responsibilities and work.
Small Business Subcontractor
If participating in a teaming arrangement, agree to the written terms that define roles, responsibilities, and work percentages or other allocations. The subcontractor should also confirm that the arrangement does not create an affiliation problem or otherwise disqualify the team under SBA rules.
Joint Venture Members
Form a qualifying joint venture only if the members meet the small business and affiliation requirements applicable to the solicitation and agency type. For DoD mentor-protégé teams, members must recognize that the provision does not create a joint venture affiliation exception beyond what the SBA and DoD rules allow.
Agency
Use the provision to communicate that small business participation is welcome in multiple-award competitions and ensure procurement planning and evaluation practices align with the cited SBA affiliation exceptions. The agency should also distinguish between general teaming flexibility and the separate legal requirements governing size status and affiliation.
Practical Implications
This provision is mainly a notice provision, but it matters because it can determine whether a small business team is even eligible to compete as a small business source under the solicitation.
A common pitfall is assuming any teaming arrangement qualifies; the agreement must be written, specifically named as a Small Business Teaming Arrangement, and must clearly define roles and work shares.
Another frequent mistake is overlooking SBA affiliation rules. A team can look acceptable under the FAR provision but still fail size-status or affiliation requirements under 13 CFR part 121.
For DoD procurements, contractors should be especially careful not to assume the mentor-protégé relationship creates a joint venture affiliation exception; the provision says it does not.
Offerors should verify whether the solicitation involves a bundled contract with a reserve, because the applicable affiliation exception comes from SBA regulations and may affect how the team is structured and represented.
Official Regulatory Text
As prescribed in 7.107-6 , insert the following provision: Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts) (Aug 2024) (a) Definition . "Small Business Teaming Arrangement," as used in this provision- (1) Means an arrangement where– (i) Two or more small business concerns have formed a joint venture; or (ii) A small business offeror agrees with one or more other small business concerns to have them act as its subcontractors under a specified Government contract. A Small Business Teaming Arrangement between the offeror and its small business subcontractor(s) exists through a written agreement between the parties that– (A) Is specifically referred to as a "Small Business Teaming Arrangement"; and (B) Sets forth the different responsibilities, roles, and percentages (or other allocations) of work as it relates to the acquisition; (2) (i) For civilian agencies, may include two business concerns in a mentor-protégé relationship when both the mentor and the protégé are small or the protégé is small and the concerns have received an exception to affiliation pursuant to 13 CFR 121.103(h)(3)(ii) or (iii) . (ii) For DoD, may include two business concerns in a mentor-protégé relationship in the Department of Defense Mentor-Protégé Program (see 10 U.S.C. 4902 ) when both the mentor and the protégé are small. There is no exception to joint venture size affiliation for offers received from teaming arrangements under the DoD Mentor-Protégé Program; and (3) See 13 CFR 121.103(b)(9) regarding the exception to affiliation for offers received from Small Business Teaming Arrangements in the case of a solicitation of offers for a bundled contract with a reserve. (b) The Government is soliciting and will consider offers from any responsible source, including responsible small business concerns and offers from Small Business Teaming Arrangements or joint ventures of small business concerns. (End of provision)