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Submitting Proposal with Subcontractor in Mind


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Hi, I'm new to submitting proposals and am in the process of preparing my companies first. The proposal is for software development services of a very small manageable application. I found a developer that I will subconract the work too if I win the contract and will be submitting his resume along with the propsal (that is part of the requirement to submit all resumes for those working on the project)

my question is:

1) In the proposal itself do I need to disclose that he is a subcontrator in the proposal itself?

2) Are there agreements other than "teaming" agreements. The reason I ask is, I wanted to make a sort of letter of intent with this gentlemen that I intend to use his services for this specific proposal, and here are the following information I need from him, resume, rate etc...and that work is dependent on my company winning the contract. I do not want to go the teaming agreement route which would be as I understand it, as if two separate companies were bidding on their specific piece of the contract. I will be submitting the proposal and invoicing the customer, and my subcontractor would be invoicing my company for his time.

3) Would it differ in legality if I created an "independent contractor" agreement vs. "subcontractor agreement", or is there not a difference in the two?

Thank you for your assistance.

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Guest Vern Edwards

The most important thing for you to do is to provide exactly the information requested by the Government in its RFP. So read the RFP carefully to see what it asks you for with respect to subcontractors, and then submit that information.

If the RFP does not ask you to identify subcontractors, then I wouldn't, unless the fellow is very well known and information about him would give you a competitive edge.

See FAR Subpart 9.6 about teaming agreements. An advance agreement between a prime and a prospective subcontractor is a teaming agreement. See the definition in FAR 9.601. You don't need a teaming agreement, unless you want to try to lock the fellow into a subcontract with you and not with anyone else and to prevent him from disclosing any information to a competitor. If you need a teaming agreement you should hire a knowledgeable attorney to write one for you. Don't borrow an agreement from someone else and then cut and paste.

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