Drafting Enforceable Federal Contracting Teaming Agreements: Strategies for Prime Contractors and Subcontractors

Structuring Definitive Terms, Incorporating Subcontracts into Agreements, Evaluating Alternatives to Teaming Arrangements

A live 90-minute CLE webinar with interactive Q&A


Tuesday, February 21, 2017
1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 27, 2017


This CLE webinar will provide guidance to counsel representing federal government contractors on negotiating and drafting teaming agreements between prospective prime contractors and subcontractors. The panel will review the latest legal developments regarding teaming agreements, including common areas of dispute and litigation, and offer strategies for avoiding common drafting and enforceability pitfalls. The panel will also discuss alternatives to teaming arrangements, such as General Services Administration Contractor Teaming Arrangements (CTAs) or pre-finalized subcontracts.

Description

Companies that contract with the federal government frequently rely on teaming arrangements as a strategy to increase their chances of winning valuable government contracts. Prospective prime contractors and subcontractors “team up” to bid on a contract, with the subcontractor providing technical expertise and resources in exchange for the prime contractor’s agreement to award work to the subcontractor if the team wins the contract.

While teaming agreements can be an efficient and cost-effective approach to securing government contracts, litigation over their enforceability under state contract law abounds, and their impact on the size and status of small business concerns is often overlooked.

When drafting teaming agreements, counsel representing prime contractors and subcontractors must ensure the agreements reflect their client’s expectations. For subcontractors, this means definite and detailed language that makes it clear the agreement is intended to be a binding and enforceable contract rather than an “agreement to agree.” Prime contractors often seek to preserve flexibility to negotiate final subcontract terms after award of the prime contract. All counsel must understand and carefully outline key terms, including the scope of the proposed subcontract, compensation, exclusivity and remedies for breach.

Prime contractors and subcontractors wishing to avoid the potential challenges teaming agreements present may wish to consider other alternatives to teaming arrangements for collaborating on government contracts, such as General Services Administration CTAs, pre-finalized subcontracts, and the SBA’s new government-wide Mentor-Protégé program.

Listen as our authoritative panel of government contracts attorneys reviews the benefits of using teaming agreements to secure government contracts and addresses drafting pitfalls. The panel will discuss best practices for drafting and negotiating terms in the agreements, as well as the enforceability of teaming agreements from the perspective of both prime contractor and subcontractor. The panel will also discuss other options for prime contractors and subcontractors to partner on government contracts.

Outline

  1. Advantages and disadvantages of teaming agreements
  2. Drafting key terms in teaming agreements
  3. Overcoming enforceability challenges
    1. Structuring definitive terms
    2. Incorporating subcontract into teaming agreement
  4. Alternatives to teaming arrangements

Benefits

The panel will review these and other key issues:

  • What are the primary advantages and disadvantages of entering a teaming arrangement?
  • What key terms should be included in teaming agreements?
  • What factors do courts typically examine when determining whether to find a teaming agreement enforceable and binding?
  • What alternatives to teaming agreements should prime contractors and subcontractors consider when collaborating on government contracts?
  • What should small businesses consider when negotiating teaming agreements for set-aside contracts?

Faculty

Tim Connelly, Founder
Tim Connelly Law, Edina, Minn.

Mr. Connelly is an experienced government contract lawyer serving the legal needs of large, medium and small businesses in all areas of federal, state and local government contracts. He helps businesses with all aspects of negotiation, administration and compliance typically associated with government business agreements of all kinds. Mr. Connelly is a frequent lecturer in all areas of government contract law.

Jackson W. Moore, Partner
Smith Anderson Blount Dorsett Mitchell & Jernigan, Raleigh, N.C.

Mr. Moore's practice focuses on government contracting and business dispute resolution, including litigation, mediation and arbitration. He has significant experience handling complex civil litigation, including class actions, shareholder and internal corporate disputes, breaches of contract and trade practices, intellectual property matters, and investor and employment litigation. Mr. Moore has handled numerous matters on an expedited basis and has represented parties in disputes pending in state and federal trial courts. He is a frequent presenter on government contracting, among other issues.


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