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Prime wants our labor rates and my partner's resume before any NDA or teaming agreement. Is that normal?

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My partner and I run a two-person IT shop outside Columbia, mostly commercial network and help desk work. A mid-size prime found us through our SAM profile and wants us as a sub on a recompete for an Army help desk task order. First real bite we've had on federal work.

Their capture lead emailed asking for our fully burdened labor rates by category, my partner's resume so they can bid him as key personnel, and a short past performance writeup. No NDA, no teaming agreement, just "send it over and we'll paper it later."

I don't want to blow the only lead we have. I also don't want our rates floating around, or my partner's name in a proposal we never actually agreed to be on.

Is it normal to hand all of this over before anything is signed? What would you ask the prime for first, and in what order?

asked Femi A. Co-owner, two-person IT consultancy · Columbia, MD · 2 rep

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No, handing over all three before an NDA isn't normal, and you're right to slow it down. A prime that's serious about you will sign a mutual NDA first, then a teaming agreement, and only then ask for rates and a resume.

I coordinate proposals at a civil engineering firm, and we're usually the prime asking subs for this stuff. Our order never changes: mutual NDA, then the teaming agreement, then the sub's pricing and key personnel resumes with a signed letter of commitment. Rates come last because they're the most sensitive thing you own. The resume needs a commitment letter because once your partner is named as key personnel, the prime is telling the Army he'll show up, and you want that tied to a workshare you actually agreed to.

Here's what I'd send back to the capture lead:

  • A mutual NDA, theirs or yours, signed before anything else moves
  • A request for the teaming agreement draft, with workshare and whether it's exclusive spelled out
  • The past performance writeup now, since it's the least sensitive piece
  • Rates and the resume once the teaming agreement is signed

Keep the tone friendly. Asking for an NDA doesn't scare off a prime that actually wants you. If they refuse to sign anything and keep saying they'll paper it later, that tells you how they'll treat you after award.

answered Corinne B. Proposal coordinator, civil engineering firm · Golden, CO · 5 rep
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No, it is not normal to provide your labor rates and key personnel resume without at least an NDA in place, but you should also understand the limitations on subcontracting. Your concern about your partner's resume is valid because the prime contractor will be representing to the government that your partner will perform the work if they win the contract. Corinne's advice on the order of documents is sound. You also need to consider the limitations on subcontracting in the FAR. For a services set-aside, the prime contractor cannot pay more than 50 percent of the amount paid by the Government to subcontractors that are not similarly situated entities (FAR 52.219-14(e)(1)). This means you need to be clear on your work share and how that aligns with the prime's overall proposal strategy before you commit your partner's time and your company's rates.

answered Keisha W. Verified vendor8(a) firm founder, staffing and training · Atlanta, GA · 249 rep

Your answer

Sign up to answerCite the FAR clause or procurement code where you can.