So, you signed an onerous subcontract. Now what?

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GovCon or no, we have all been there.  We have made the bad deal.  We signed the paper without really reading and understanding it.  Whether we committed to the 3-year deal with the home alarm company with shoddy equipment and worse customer service or signed the exclusive teaming agreement thinking, “This is the ONE!”, only to end up with a one-sided subcontract with a fraction of the work share that we were promised, we have all experienced the rush of wind leaving our sails the moment we realize that we have been had.  That rush is the sound of your company’s growth plan moving backwards.

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Teaming Agreement to Subcontract Agreement – Bridging the Gap

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Bridging the Gap between Teaming Agreement and Subcontract

Did you know that most Teaming Agreements self-terminate when the prime and subcontractor agree on the subcontract terms?  It is true!  A typical termination clause in a Teaming Agreement contains a list of events that signal the end of the Teaming Agreement the moment any of those things occur.  For the winning prime and its teammates, the most common termination event is mutual agreement on the subcontract.

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Teaming Agreements – Workshare Analysis

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Understanding Workshare in Teaming Agreements

Any company that has been a teammate under a FAR Part 9 Teaming Agreement is familiar with negotiating workshare that will be subcontracted to them if the team wins an award.  Aren’t those days when we learn we have won a contract/subcontract the best?  But later, at some point during the execution of the prime contract, a quick calculation of your cumulative task order values divided by the published prime contract funded values does not measure up to the workshare percentage promised in the Teaming Agreement.  So, what gives?  

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