NATIONWIDE HELP TO DRAFT LEGALLY SOUND GOVERNMENT CONTRACTOR TEAMING AGREEMENTS AND AVOID AFFILIATION MISTAKES
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Small businesses often find that contractor teaming agreement templates found on the internet offer more problems than they resolve. When you find another company that you want to do business with on a future government contract, you must also assess the risk of potential affiliation and violation of limitations on subcontracting rules.
A failure in any one of these areas can cause the government to take the contract away or even criminal penalties.
- Avoid violation under the Ostensible Subcontractor Rule
- Have you proposed your teaming partner to avoid limitations on subcontracting violations?
- Assess whether your subcontractor is similarly situated
GET HELP TO MINIMIZE THE CHANCES OF GETTING YOUR CONTRACT TAKEN AWAY BECAUSE OF AFFILIATION!
A small business prime contractor cannot comply with the ostensible subcontractor rule merely by supervising subcontractors in their performance of work. Size Appeal of Shoreline Services, Inc., SBA No. SIZ-5466 (2013); Size Appeal of Competitive Innovations LLC, SBA No. SIZ-5369 (2012), recons. denied, SBA No. SIZ- 5392 (2012).
THE LANGUAGE IN YOUR CONTRACTOR TEAMING AGREEMENT CONTROLS IN A SIZE PROTEST BUT CAN YOU ENFORCE JUST YOUR TEAMING AGREEMENT IN COURT?
SBA OHA has held that, in assessing compliance with the ostensible subcontractor rule, “[a]n area office must give ‘great if not controlling weight’ to statements in the proposal (such as the contractor teaming agreement) and other contemporaneous documentation, as opposed to any subsequent representations.” Size Appealof Iron Sword Enterprises, LLC, SBA No. SIZ-5503, at 7 (2013) (quoting Size Appeal of SmartData Solutions, LLC, SBA No. SIZ-5071, at 20 (2009)).
Government Contractor Legal Services
OVER 30 YEARS OF FEDERAL CONTRACTING EXPERIENCE
When it comes to business partnership contracts and helping with government subcontractor teaming agreement, our government small business attorneys provide a wide array of services including:
- Draft contractor teaming arrangements and review of federal independent contractor forms
- Federal government subcontractor contract law under FAR 9.601
- Avoiding limitation on subcontracting violations and penalties
- Legal advice on new SBA affiliation rules 13 CFR 121.103 and execution of legal partnership contracts
- Assessment of similarly situated businesses in each subcontractor agreement
- Application of joint venture arrangements and SBA affiliation rules to independent contractor forms.
- Meeting government contracts and CTA small business requirements
- Understanding the difference between and teaming contract vs joint venture statutory allowances
- Some prime and subcontractor team arrangement and joint venture agreement disputes
- Help with legally binding contract terms
- Small Business Size protest litigation and appeals to SBA Office of Hearings and Appeals (SBA OHA)
We provide over 30 years of combined experience to companies that focus on proactive legal solutions and thinking out of the box.
Although required, small business should proceed with having a subcontract drafted at the same time as the contractor teaming agreement. Without, this document, it becomes a more difficult process to litigate actions by the prime for not honoring the teaming agreement contents.
- Prime contractors should make sure that their teaming contracts and subcontractors have solid provisions for non-performance and any damages flowing from the non-performance of the teaming contract.
- The risk that after the prime contractor receives the prime contract, the prime contractor and the proposed subcontractor will be unable to reach an agreement on the terms of a subcontract.
- Understand that there is no privity of contract with the teaming subcontractor and the federal government. Direct communication to the federal government by the teaming subcontractor can be problematic.
- Make sure that no parties to the teaming arrangement is under suspension and debarment proceedings.
Additional CTA Enforceability and Teaming Contract Information
Find out whether your agreements are enforceable in Court.
Call Our Government Contractor Teaming Agreement Lawyers
For help with your federal government contractor teaming agreements (CTA), joint venture agreements, or compliance with federal subcontractor teaming arrangEment regulations, call Watson’s government contract attorneys or call 1-866-601-5518 for a FREE Initial Consultation.