Drafting teaming agreements for government RFPs is time-intensive and high-stakes. Attorneys must carefully balance prime-subcontractor responsibilities, ensure FAR compliance, protect proprietary information, and negotiate exclusivity terms—all while racing against proposal deadlines. Manual drafting often takes 3-4 hours per agreement, with significant risk of missing critical clauses.
Drafting comprehensive teaming agreements for government contracts typically requires 8+ hours of attorney time, deep FAR expertise, and careful attention to affiliation rules, small business compliance, and enforceable post-award commitments. Manual drafting risks inconsistencies between the agreement and proposal representations, potentially creating evaluation concerns or unenforceable terms that leave both parties exposed.
CaseMark automates the entire teaming agreement drafting process, analyzing your solicitation documents and party information to generate fully customized, FAR-compliant agreements in minutes. Our AI ensures proper affiliation analysis, meaningful subcontractor participation, comprehensive confidentiality protections, and alignment between teaming commitments and proposal representations.
This workflow is applicable across multiple practice areas and use cases
Teaming agreements are contractual arrangements between parties collaborating on business opportunities, requiring the same drafting precision and compliance considerations as other commercial agreements.
The workflow produces binding commercial contracts with complex terms around exclusivity, IP protection, obligations, and termination—core transactional law competencies applicable beyond just government contracts.
Corporate attorneys advising companies on strategic partnerships and joint venture arrangements can use teaming agreements to formalize collaboration terms, protect proprietary information, and define party obligations.
Teaming agreements serve as partnership frameworks that corporate counsel regularly draft for clients pursuing collaborative business opportunities in both public and private sectors.
The workflow's proprietary information protection and IP ownership provisions are critical when parties share technology, know-how, or other intellectual property during teaming arrangements.
Teaming agreements frequently involve IP sharing and licensing between prime contractors and subcontractors, requiring careful drafting of IP protection and usage rights provisions.
A FAR-compliant teaming agreement must avoid creating improper affiliation between parties (especially for small business set-asides), ensure the subcontractor performs substantive work rather than acting as a pass-through, include appropriate flow-down clauses from the prime contract, and address any organizational conflicts of interest. CaseMark automatically analyzes your team structure and incorporates all necessary compliance provisions based on the solicitation's set-aside designation and requirements.
The scope should be specific enough to create enforceable expectations and align with proposal representations, but flexible enough to accommodate refinements based on final government requirements. CaseMark balances this by defining technical areas, deliverables, performance locations, and estimated contract value or percentage, while preserving room for good-faith negotiation of detailed task orders and specifications in the formal subcontract.
Your teaming agreement should include structured dispute resolution (executive negotiations, mediation) and specify consequences if resolution fails, such as the prime's right to substitute subcontractors subject to government approval. However, if your proposal committed to using a specific subcontractor, the prime may be contractually bound to that commitment or need government approval for changes. CaseMark includes provisions that address these scenarios while protecting both parties' interests and maintaining proposal integrity.
Confidentiality obligations typically survive agreement termination for 3-5 years for commercial information, though trade secrets may warrant perpetual protection. The duration should reflect the competitive sensitivity of the information and how long it retains economic value. CaseMark tailors confidentiality periods based on the type of information being shared and industry standards for your specific government contracting sector.
Yes, CaseMark specifically addresses small business set-aside requirements including 8(a), HUBZone, SDVOSB, and WOSB programs. The system ensures your agreement structure doesn't create problematic affiliation, verifies the small business prime will perform the required percentage of work, and includes provisions that preserve size status while establishing genuine teaming collaboration. All provisions align with SBA regulations and FAR subcontracting limitations.