Steptoe is pleased to announce the release of its Teaming Agreement Toolkit for Government Contractors. Teaming and joint venture arrangements are often a key part of government contracting. FAR Subpart 9.6 recognizes that a teaming arrangement can "offer the government the best combination of performance, cost, and delivery for the system or product being acquired." As a result, successful team formation – and understanding the potential risks of teaming – are critical aspects of the contract pursuit strategy for federal contractors, as competition for federal programs today often pits team versus team, not company versus company.
Given the stiff competition for federal contracts, there is a premium on selecting teammates with which you can work cooperatively and that share your company's values and interests in successfully pursuing and obtaining the award of a government contract. The process of team formation, to include assessing the risks of teaming, conducting due diligence in selecting teammates, complying with pro-competition policies and other applicable regulatory requirements, and crafting a teaming agreement that memorializes the parties' intentions, is fundamental to the success of a teaming arrangement. To provide a resource for companies navigating a potential teaming arrangement, Steptoe created the Teaming Agreement Toolkit to identify certain important considerations and potential risks associated with competitive teaming in the federal marketplace, such as due diligence considerations in selecting a teammate, identifying and potentially mitigating risks, and the current state of the law presenting hurdles in negotiating enforceable pre-award teaming agreements.
As a toolkit, it does not address every requirement, issue or risk that a company must consider in pursuing a teaming arrangement, but Steptoe can assist contractors through the process of forming and implementing a contractor team arrangement consistent with your company's goals and objectives.
We hope you find our Teaming Agreement Toolkit a constructive guide for identifying and tackling these issues.