Teaming agreement

FAR subpart 9.6 recognizes two kinds of contractor team arrangements: companies forming a partnership or joint venture to act as the prime, and a prime agreeing with subcontractors to perform specific work. The government generally recognizes these arrangements if they are disclosed in the offer, but it holds the prime fully responsible for performance.

Small business rules add more: limitations on subcontracting and the ostensible subcontractor rule can make a small prime ineligible if a large sub performs the primary work, and SBA mentor-protégé joint ventures have their own requirements under 13 CFR 125.9.

Key terms: scope and workshare (often a percentage or named tasks), exclusivity for the pursuit, how proposal content and data are provided, non-disclosure, each party's proposal costs, the obligation to sign a subcontract if the team wins, and when the agreement ends.

Common mistakes are vague workshare that becomes a dispute after award, signing too late for the partner to help shape the proposal, and teaming that breaks set-aside eligibility. Agree on teaming during capture, not after the RFP drops.

Teaming is also a strategy decision, not only a legal one. The right partner fills a gap the customer cares about: past performance on a similar scope, a certification that makes the team eligible, a location near the work or cleared staff. Decide what you need from capture findings first, then look for partners. Agree early on who writes which sections, how pricing data is shared and protected, and how resumes and letters of commitment will be delivered, because those details cause most of the late-stage friction.