Federal Court Nixes Enforceability of Teaming Agreements. Impacting Your Strategy? POCx 6/12
Saturday, May 18, 2013
Posted by: Presidents, Owners and Chief Executives Forum
Think your teaming agreement's a contract? Think again
This is the title of the recent Washington Technology article penned by Scott Lyon, Vice President and General Counsel of local small federal contractor, Optimos, Inc. The article focuses on an April federal court decision that looked at whether terms found in many teaming agreements are enforceable under Virginia law.
Specifically, the court determined the teaming agreement including the following terms was not enforceable under Virginia law:
- Upon contract award, Party A will perform 51 percent of the work and Party B will perform 49 percent of the work;
- The parties will exert reasonable efforts to obtain a prime contract, and in the event of an award, will negotiate in good faith the terms of a subcontract to be executed by the parties;
- The statement of work attached hereto establishes the anticipated scope of work for team member based on the parties’ current understanding of the client’s needs;
- This agreement shall terminate in the event that the parties cannot reach agreement on a subcontract after a reasonable period of good-faith negotiations.
Scott has been following this case for quite some time and joins thePresidents, Owners and Chief Executives Forumto discuss the potential impact(s) facing small federal contractors in light of this decision.
In his role at Optimos, Scott is responsible for all corporate legal, contractual and compliance matters. Previously, Scott was senior counsel at Accenture Federal Services, responsible for the full spectrum of legal services and support for major civilian and defense programs and agencies. He earned a B.A. in political science from James Madison University and a J.D. from George Washington University’s National Law Center. He is admitted to practice in Virginia and in the District of Columbia and is an active member of the Washington metropolitan-area chapter of Association of Corporate Counsel.
The Presidents, Owners and Chief Executives Forum (POCx) facilitates discussions related to the Capacity, Commitment, Core Competency, Intelligence, Strategy and Relationships of small federal contractors (Small Business C4ISR™). POCx is hosted by Richard Dean, Director of Strategic Partnerships, Geneva Software.
Pre-registration is required. Participation limited to key executives and business owners.Space is limited.
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