Attachment R Contractor Teaming Arrangement Instructions.pdf

Contractor Teaming Arrangement Instructions

The Contractor Teaming Agreement (CTA) document is developed solely by the team partners and submitted to the buyer as part of the response to the solicitation.

The FBI recommends in accordance with FAR 9.6, at a minimum (additional items may be added by the team to ensure a clear and concise document), the following items be addressed in the agreement:

• Duration of the agreement. Define the duration of the partnering agreement, identify any options, and describe how each option will work.

• Team Leader. Provide detailed outline of Team Leader responsibilities and specify the contractor who will perform as the Team Leader. If the Team Leader will change throughout the order performance period, the document should describe the reasons for such changes and how the Team Leader will be designated during order performance.

• Team Members. Specify the responsibilities of each Team Member and any limitations on those responsibilities.

• Communications. CTAs should outline points of contact for each Team Member (contractor). Since the government has privity with all Team Members, the buyer may communicate directly with CTA Team Members.

• Invoicing and Payments. Designate team responsibilities for invoicing and payment. The CTA document should clearly indicate that all Team Members agree to the method of payment. The CTA Agreement should acknowledge that the Team Members, without any involvement by the government, would resolve any dispute involving the distribution of payment between the Team Leader and the Team Members.

• Legal Relationship. The CTA document must not create a joint venture or separate subsidiary. Each Team Member is operating as a "prime" for the portion of work they are performing.

• Delivery responsibility. State whether the Team Leader or each member is responsible for a particular part of the project, so that delivery responsibility is clearly established.

• Confidential information. Identify any proprietary information and specify how such proprietary information and related rights will be managed.

• Identification of parties. The CTA Agreement should:

o Be documented in writing and signed by each participating contractor o Identify each member of the CTA by name, address, and Point of

Contact (POC) o State the name and address of the ordering activity o State that the agreement is solely between the team members

• Specific team activities. State the various types of activities that will be incorporated into the team arrangement and identify who is primarily responsible for each identified activity.

• Independent contractors. The CTA Agreement should state that all Team Members remain independent contractors, responsible for their own employees.

• Replacement of team members. Address the circumstances and procedures for replacement of Team Members, including the Team Leader, and should state that the team must obtain the approval of the ordering activity prior to replacing any team member after receipt of an order.

• Performance evaluation. Clarify under whose name the government should evaluate performance in CPARS. FAR 8.406-7 requires ordering activities to enter evaluations in CPARS in which the Prime Contractor can identify Key Subcontractor Members to be evaluated.

• Reporting of sales and Industrial Funding Fee (IFF) payment responsibility. Specify that each team member is responsible for tracking and reporting its own sales IAW the terms and conditions of the FSS contract and for paying the related IFF.

• Pricing. Specify unit prices or hourly rates and how pricing is calculated; list the supplies/services and pricing, including any team lead task management pricing, if applicable; note that all prices charged to the buyer must be at or below the applicable contractor's FSS contract prices; and explain how any order incentives or fees will be divided within the team if applicable.

• Liabilities. Document each Team Member's responsibilities and performance requirements, so that liability is clearly established.

• Ordering procedures. Document how the team will handle individual task orders from the government.