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Handshake Deals Don’t Work in Government Contracting

Good teaming agreements prevent more problems than good lawyers can solve. They’re your insurance policy against partners who change their minds, don’t deliver what they promised, or try to renegotiate after you win. Get the paperwork right upfront and save yourself years of headaches.

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Agreement Types

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Non-Disclosure Agreement (NDA)

  • Purpose: Protect confidential information sharing
  • Timing: Before detailed discussions begin
  • Duration: Typically 3-5 years
  • Scope: Mutual or one-way protection

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Teaming Agreement (TA)

  • Purpose: Define partnership structure and commitments
  • Timing: After opportunity qualification, before proposal
  • Duration: Through contract performance completion
  • Scope: Detailed roles, responsibilities, and terms

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Memorandum of Understanding (MOU)

  • Purpose: High-level partnership framework
  • Timing: Early strategic discussions
  • Duration: Indefinite or time-bound
  • Scope: General cooperation principles

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Subcontract Agreement

  • Purpose: Formal legal contract for work performance
  • Timing: After prime contract award
  • Duration: Contract performance period
  • Scope: Detailed legal and commercial terms

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Key Terms and Provisions

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Work Definition

  • Scope of work and deliverables
  • Performance standards and requirements
  • Geographic and facility requirements
  • Timeline and milestone commitments

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Financial Terms

  • Pricing and payment structures
  • Revenue and workshare allocation
  • Cost sharing and reimbursement
  • Profit and fee distribution
  • Intellectual property rights
  • Liability and indemnification
  • Regulatory and compliance requirements
  • Dispute resolution mechanisms
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