Getting Picky: How to Team (and How NOT

Getting Picky: How to Team (and How NOT

Getting Picky: How to Team (and How NOT to Team) in Todays Marketplace Getting Picky HOW TO TEAM AND HOW NOT TO TEAM IN TODAYS MARKETPLACE APMP BID & PROPOSAL CON 2015 | PAGE 2 Introductions Sander Wilson, CFCM, CF APMP Manager, Business Operations for LVW Electronics

Professional Highlights: Capture of multiple Federal IDIQ/MATOC Awards with combined ceilings of over $1B Task/Delivery Order awards ranging from $500K to $11M, working in locations all over the CONUS, Korea, Japan, Hawaii and Alaska Team building from the simple (prime/key sub) to very complex (prime/dozens of subs/suppliers with key specialties) APMP BID & PROPOSAL CON 2015 | PAGE 3 Agenda 1. 2. 3. 4.

5. 6. 7. Into the woodshed the basics Why we team How to team When to team Enforceability Whats the worst that could happen? Questions / Discussion APMP BID & PROPOSAL CON 2015 | PAGE 4

What Youll Learn Common business practices regarding teaming arrangements Why teaming is a critical business development and capture management skill Why relationships matter more than words How to think critically about WHY you want to team up, HOW to approach it, and WHAT your firm will get from the deal. APMP BID & PROPOSAL CON 2015 | PAGE 5 Why Team? Case Study: Hoover Dam Boulder Dam Project $50M procurement (roughly $700M today)

107 potential bidders 3 substantive proposals APMP BID & PROPOSAL CON 2015 | PAGE 6 Why Team? Case Study: Hoover Dam The Winning Team (the Big Six) in 1931

Henry J. Kaiser Co. Bechtel Co. MacDonald and Kahn Utah Construction Company Morrison-Knudsen Pacific Bridge Company J.F. Shea APMP BID & PROPOSAL CON 2015 | PAGE 7 Why Team? Case Study: Hoover Dam The Winning Team (the Big Six) today Kaiser-Permanente

Bechtel Co. BHP Billiton / Fluor URS J.F. Shea APMP BID & PROPOSAL CON 2015 | PAGE 8 None of these companies could have built the Hoover Dam alone. None of them would be where they are now if they hadnt teamed up in the first place. The Process

Dating NDAs Memos / Emails / Phone calls Engagement TAs Proposals / Quotes / ROMs Marriage Subcontract / Purchase Order APMP BID & PROPOSAL CON 2015 | PAGE 9 Think of a Teaming Agreement as a prenuptial agreement, but

with fewer teeth Whats an NDA? Non-Disclosure Agreement Agreement to not share something that you ought not to in the first place Mostly boilerplate Mutuality is key! Not a complete defense against intellectual property infringement APMP BID & PROPOSAL CON 2015 | PAGE 10 Before you sign up to a

one-sided condition, its always fair to ask the other side to make it mutual. Share the pain. Whats a TA? Teaming Agreement Agreement to agree May (or may not) be enforceable Typically consists of: A boiler-plate agreement to work together to capture the work An exhibit or attachment that defines the work share, if the contract is won

APMP BID & PROPOSAL CON 2015 | PAGE 11 Whats a Subcontract? Subcontract Enforceable instrument detailing a legal relationship between two (or more) parties. Consists of some scope of work / product to be delivered for some consideration. Consummates the TA in an enforceable, clearly-defined and mutuallyagreeable contracting arrangement.* ALL subcontracts are negotiable. APMP BID & PROPOSAL CON 2015 | PAGE 12 Government Contracting and Teaming What does the Government think of

teaming? FAR 9.6 Recognizes the integrity and validity of the teaming arrangement Teaming may provide the Government the best combination of performance, cost, and delivery for the system or product being acquired Does not confer enforceability Government Contracting and Teaming Hot button issues: Does the prime overly rely on the sub?

Does this team reduce risk or does it increase it? Will the team fall apart over disputes stemming from: Conflict of interest? Payment/Debts/Liens/Claims? Patents? Intellectual Property? Whats Important Now? Why do we team?

Pursuit of more and greater opportunities Marketing Tactical advantages There are many reasons to team up. Strategic goals The best is the simplest of all: to WIN. . Just because we can? APMP BID & PROPOSAL CON 2015 | PAGE 15 Strategic Alliances Key to long term growth Mentor / Protg Arrangements Incubators

Joint Ventures Dove-tailing Matching your strengths with their weaknesses Limits cross-pollination (i.e., training your competition) APMP BID & PROPOSAL CON 2015 | PAGE 16 Tactical Considerations Exclusivity Primes want it both ways Subs want it both ways, too Taking competition off the street Filling an immediate gap/weakness

Accentuating an existing strength APMP BID & PROPOSAL CON 2015 | PAGE 17 How Its Done Dating Networking industry days, prof. orgs., on-line Calls, calls, calls Emails are not your friend. Intelligence know your market CALL FIRST. know your customer WRITE LAST. Know your enemy

APMP BID & PROPOSAL CON 2015 | PAGE 18 How Its Done Engagement Negotiating a TA Workshare Commitment Skin in the Game APMP BID & PROPOSAL CON 2015 | PAGE 19

Proposal Support Bondability Market position Intelligence Work Share #1 Source of disagreement Usually found in Exhibit/Attachment A Samples: To be determined at task order award. Commensurate with the teammates skills and abilities at time of award. No more than 40% of the total prime contract value At least 40% of the total contract value

APMP BID & PROPOSAL CON 2015 | PAGE 20 Commitment Can vary greatly, whether in written form (in the TA) or in spirit Critical to good teaming Puts skin in the game Forms of commitment:

Time Labor Past Performance Technical Ability Cash Bondability How Its Done Marriage

Relationship, relationship, relationship Workshare => Statement of Work Everybody wins together, OR There never was a good Everybody loses together knife made of bad steel. - Ben Franklin APMP BID & PROPOSAL CON 2015 | PAGE 22 When to Team Opportunity ID Capture

Proposal Response Best Better OK Strategic Tactical Repeatable Strategic

Tactical Tactical APMP BID & PROPOSAL CON 2015 | PAGE 23 Enforceability Teaming arrangements succeed due to the spirit of the agreement, not the letter.

Dont assume its enforceable because it probably wont be See Cyberlock Consulting, Inc. v. Info. Experts, Inc., 2013 U.S. Dist. LEXIS 49092 (E.D. Va. Apr. 3, 2013) upheld by 4th Circuit Court of Appeals Jan 2014 An agreement to agree NOT a contract Enforceability How do you give a TA teeth? Well-defined work-share % of work, labor categories, number of positions, specific scope, CLINS, etc.

Penalties for failing to live up to the agreement Well-defined commitments / compensation for teaming e.g., Parties will subcontract upon award Exclusivity Whats the Worst That Could Happen?

LITIGATION, LITIGATION, LITIGATION Organizational Conflict of Interest Ostensible Subcontractor Rule Directed / Rejected Subcontracting You train a competitor You lose control and of course, theres the risk that youll simply LOSE. The Point

Good teaming is like a good marriage Teams that win together tend to keep winning Good teams grow business for the whole team Great teams maximize performance and minimize risk Questions Items for discussion: When might it be a bad idea to team? How do you know if youre a good fit with a team mate? How do you know when it would be good to team? How do you quantify the benefit of teaming?

APMP BID & PROPOSAL CON 2015 | PAGE 28 Contact Us Sander Wilson Manager, Business Operations LVW Electronics (719) 314-2854 [email protected] www.LVW.com APMP BID & PROPOSAL CON 2015 | PAGE 29 APMP

PO Box 77272 Washington, DC 20013-7272 Phone: +1 - (202) 450-2549 www.apmp.org

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