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What are the key elements of a strong teaming agreement for a federal bid?

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My firm, an SDVOSB, is looking at a large federal Request for Proposal (RFP) for court reporting services, NAICS 561492. It's a general small business set-aside above the simplified acquisition threshold, not specifically an SDVOSB set-aside. We've been talking with another firm about teaming up, as they have a strong regional presence where the work will be performed. We are still early in the process and thinking about how to structure a deal. I know a teaming agreement is crucial, especially with the limitations on subcontracting rules. What are the key elements of a strong teaming agreement for a federal bid that will protect both parties?

asked Luis A. Verified vendorSDVOSB founder, court reporting and legal support · San Antonio, TX · 701 rep

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A strong teaming agreement for a federal bid clearly defines roles, responsibilities, and the scope of work for both the prime and the subcontractor, especially considering the limitations on subcontracting rules. The agreement should specify who will be the prime contractor and who will be the subcontractor. It must detail how the work will be divided, ensuring compliance with FAR 52.219-14, which states that on a services set-aside, the prime will not pay more than 50 percent of the amount paid by the Government to subcontractors that are not similarly situated entities. The agreement should also cover how costs and profits will be shared, intellectual property rights, and a clear process for decision-making and dispute resolution. It is important to include confidentiality clauses and provisions for the termination of the agreement. For federal contracts, the agreement needs to align with the requirements of the Federal Acquisition Regulation (FAR), particularly Part 9.6, Contractor Team Arrangements.

answered Priya S. Verified vendorCapture manager, IT services · Herndon, VA · 666 rep

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