Teaming Agreement and Subcontracts
In the competitive world of federal government contracts, a prospective prime contractor often bands together with a prospective subcontractor to jointly submit a proposal. In this pre-award phase, these firms, commonly referred to as a “team,” need an agreement to address how they will jointly pursue the solicitation and draft the proposal. That’s where a teaming agreement comes in.
After the team’s prime contractor receives an award, the team drafts a subcontract. This agreement formally defines the team’s relationship through performance. Specifically, it details the subcontractor’s responsibilities and ensures that certain requirements in the prime contract also bind the subcontractor.
We routinely assist clients with all aspects of teaming agreements and subcontracts, whether drafting the agreements from whole cloth or reviewing draft agreements. In all cases, we ensure that the agreement contains terms that protect our clients’ interests.
Beyond that, we also advise clients on all aspects of compliance with the limitation on subcontracting and related issues, such as the non-manufacturer rule.