Teaming & Subcontracting

Steptoe has assisted our clients in drafting and negotiating subcontracts and teaming agreements, obtaining government approvals for such agreements, and resolving disputes between team members and between prime contractors and subcontractors.  We have advised clients  in the negotiation of such agreements and  relationships   on key issues such as work share, protection of proprietary and cost information,  intellectual property, and small business subcontracting.  Steptoe’s government contracts team has been involved in both the formation of subcontract and teaming relationships and in disputes regarding performance or alleged  breaches of those agreements.  We have  also helped prime contractors and subcontractors manage these relationships by crafting mechanisms for allocating work and for terminating the relationship while remaining in compliance with the government contract and the Anti-Assignment Act. 

Representative Matters

  • Assisted various clients in drafting teaming agreements, including advice regarding lead contractor status, small business work allocation, and confidentiality of pricing information.
  • Advised prime contractors, subcontractors, and grantees regarding flow down clauses for inclusion in subcontracts and teaming agreements.
  • Assisted purchaser of government contractor with analysis of teaming agreements and strategies for ensuring that, upon the completion of the sale, teaming agreements and subcontracts were transferred or otherwise remained in force and applicable to the merged entity.
  • Represented contractors in the construction industry in negotiating and drafting sponsorship and liquidation agreements and sponsoring subcontractor claims.
  • Represented professional services contractor in resolving a bid protest via a settlement agreement providing for future work sharing.
  • Represented higher-tier aerospace/defense subcontractor in resolving, through mediation, requests for equitable adjustments submitted by a lower tier subcontractor/remanufacturer of key components.
  • Advised a major aerospace/defense contractor on issues relating to alleged breach of teaming agreement and subcontract by prime contractor under major DOD weapon system program.  

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