Government Contract Teaming Agreements
Avoid Costly Legal Mistakes
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A teaming agreement for government contracts is commonly used by small businesses that are attempting to acquire larger projects. Often the intent is to use the past performance of another government contract or to take advantage of some other resource. Although FAR 9.6 allows for the use of teaming agreements, contractors must be aware of the costly legal pitfalls. For example, a size protest filed against you may result in affiliation. You may also violate the limitation on subcontracting rule. This s where an experienced government contracts attorney can help you.
Do Not Draft a Contract That Violates Affiliation Laws
The Common pitfall when drafting a teaming agreement is when the prime contractor passes through the critical aspects of the project to a subcontractor. Lawyers and courts refer to this as the Ostensible Subcontractor Rule. This can cost you a government contract during a bid protest.
Draft Contracts that are Contract-Specific
When you sign a teaming agreement with another government contractor, it has no legal value unless the specific federal project is named in the agreement itself.
Can a Teaming Agreement Stand up in Court on Its Own?
This is a highly-debated issue among contractors. The dispute often arises when the prime backs out at the last minute and your contract is in jeopardy. The best approach to also refer to a specific subcontract in the teaming agreement.
Get an Additional Subcontract Drafted
When you execute a teaming agreement, you must also execute a traditional subcontract. You should have your state level attorney draft this document. Sometimes corporate lawyers may not understand the interrelation between a government teaming agreement and the subcontract. Consider getting guidance from a government contract lawyer.
Avoid Affiliation Challenges
Improperly drafted teaming agreements can sometimes fatally impact the award of a government project. When a business enters into this type of relationship, it should be primarily concerned with understanding the legal obligation to control the project as a prime contractor. An improper relationship between teaming partners can give rise to a size protest or affiliation challenge in a bid protest. Our government contracts attorneys at Watson & Associates’ have successfully challenged and defended affiliation challenges. With law offices in Washington, DC and Colorado, we are uniquely positioned to help clients across the country. See sample cases.
Call Watson to Draft Your Next Teaming Agreement
Our services include:
- Drafting and review of teaming documents
- Representation in small business size determination protests.
- Legal guidance through the complex laws.
- Representation in cases alleging Ostensible Subcontractor Rule violations.
- Assessment of legal and business risk/reward.
- Resolving legal disputes.
- Negotiation of favorable and fair JV, teaming agreement contracting relationships.
- Representation in SBA 8a JV and teaming relationships (large and small businesses).
- Drafting sound and compliant contracts.
Don’t get caught in a bid protest: Having a legally sound teaming agreement is a very critical, but overlooked part of government contracting. The amount of SBA Size Protests and GAO protests is ample evidence of the importance of having a meaningful and legal relationship. Read this case to get an idea of how teaming arrangements can ruin your award.
Understand how the law impacts you: Our attorneys help small and large businesses to draft legally sound teaming agreements, joint venture contacts and Mentor Protégé agreements when bidding on federal projects. Our lawyers have also litigated small business size appeals where proposed prime contractors failed to follow the provisions set forth in the.
Our related services include:
- Drafting effective government contract teaming agreements
- Consulting on how to successfully manage teaming relationships
- Litigation in small business size protests and appeals
- Ostensible Subcontractor rule litigation and disputes
- Mentor Protégé agreements
- Joint Venture Agreements
- Representation with SBA 8a teaming disputes and joint venture problems
Nationwide Teaming Support
Our government contracts attorneys help prime contractors and small businesses across the country to adequately address teaming agreement legal issues and to drat appropriate and acceptable contracts. We help clients in Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, Washington, DC, West Virginia, Wisconsin, and Wyoming.
Cities in which we handle teaming agreement matters include Anchorage, AK; Atlanta, GA; Austin, TX; Chicago, IL; Colorado Springs, CO; Dallas, TX; Denver, Colorado; Indianapolis, IN; Las Vegas, NV; Los Angeles, CA; Miami, FL; Philadelphia, PA; San Antonio, TX; San Diego, CA; San Francisco, CA; San Jose, CA; Santa Clara, CA; and Tampa, FL.
If you seek a prompt and cost-effective resolution to a government contracts problem, contact our teaming agreement attorneys at (866) 601-5518.