Structuring Teaming Deals

It is not within the purview of GSA to approve team arrangements; any contract arrangements are between the team members. The only real restriction is that the team agreement cannot conflict with the underlying terms and conditions of the GSA Federal Supply Schedule contract. Some common elements in teaming contracts identified by GSA include:

  • Identifies participants, Schedules, and services and products covered by the arrangement and how additions/deletions will occur
  • Defines terms
  • Sets forth each participant's roles, responsibilities, and obligations
  • Identifies scope, period of performance (for specific, limited purposes or longer periods covering several transactions), and termination of the arrangement
  • Identifies remunerations for functions performed, if any
  • Identifies the process that will be used to quote, accept, and administer orders. This may include prices, terms and conditions, invoicing, payment, taxes, reports, etc.
  • Establishes scope and limitations of any licenses or proprietary rights
  • Establishes representations and warranties among the parties
  • Identifies confidentiality requirements, obligations, disclosures, and remedies
  • Identifies damages, liability/limitation of liability, and any indemnification requirements among the parties
  • Addresses administrative requirements (e.g., assignments, how notices will be conveyed and recognized, how changes or amendments will occur)
  • Identifies any terms that survive the arrangement or termination
  • Identifies governing laws, venues, etc.
  • Establishes how disputes will be addressed and resolved
  • Addresses force majeure, a clause included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events; you wouldn't have to keep paying rent on a warehouse in New Orleans that was wiped out by Katrina, despite having signed a rental agreement, for instance.

Watch for our next GSA Installment covering "Forming a Team."


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