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Teaming agreement
"I need a teaming agreement for a commercial project with a 12-month duration, specifying roles, responsibilities, and a 60/40 profit-sharing model, with quarterly performance reviews and a dispute resolution clause."
What is a Teaming agreement?
A Teaming agreement is a formal contract where two or more companies join forces to pursue business opportunities together, especially common in Philippine government contracts and infrastructure projects. It lets businesses combine their expertise, resources, and credentials while staying legally separate entities.
Under Philippine procurement laws, these agreements help smaller firms partner with larger ones to meet bidding requirements. They spell out how partners will share work, profits, and responsibilities, while protecting each company's intellectual property and trade secrets. Unlike joint ventures, teaming agreements typically focus on specific projects rather than long-term partnerships.
When should you use a Teaming agreement?
Consider a Teaming agreement when your company wants to bid on large Philippine government contracts but lacks all the required qualifications or resources alone. These agreements work especially well for infrastructure projects, IT systems integration, or defense contracts where combining specialized expertise makes your bid more competitive.
You need this agreement before submitting joint bids, particularly when partnering with foreign firms under Philippine procurement rules. It's essential when sharing sensitive technical information, dividing project responsibilities, or pooling licenses and certifications. The agreement protects both parties while demonstrating a unified approach to government evaluators.
What are the different types of Teaming agreement?
- Primary Contractor Agreement: Establishes one company as lead bidder with primary government contact, while others serve as subcontractors
- Equal Partnership Agreement: Partners share equal responsibility, risks, and profits, common in similarly-sized Philippine companies
- Project-Specific Agreement: Limited to single contracts or projects, with clear start and end dates
- Technical Collaboration Agreement: Focuses on combining specialized expertise, particularly in IT or engineering projects
- Multinational Teaming Agreement: Structured specifically for partnerships between Philippine and foreign companies under local procurement laws
Who should typically use a Teaming agreement?
- Lead Companies: Organizations with strong financial standing or technical expertise who initiate Teaming agreements to enhance their bidding power
- Partner Companies: Smaller firms or specialized contractors bringing unique capabilities, licenses, or local market knowledge
- Corporate Lawyers: Draft and review agreements to ensure compliance with Philippine procurement laws and protect client interests
- Government Procurement Officials: Evaluate teaming arrangements during bid submissions
- Project Managers: Oversee implementation and coordinate between partner organizations once agreements are active
How do you write a Teaming agreement?
- Partner Details: Gather complete legal names, business registrations, and authorized signatories of all participating companies
- Project Scope: Define specific contract opportunities, technical requirements, and resource commitments from each party
- Role Division: Document each partner's responsibilities, work allocation, and contribution percentages
- Financial Terms: Outline profit sharing, cost allocation, and payment mechanisms under Philippine tax laws
- Compliance Check: Review Philippine procurement regulations and bidding requirements for target contracts
- Exit Strategy: Specify project completion criteria, termination conditions, and dispute resolution procedures
What should be included in a Teaming agreement?
- Party Identification: Full legal names, addresses, and registration details of all participating entities
- Scope Definition: Clear description of project objectives, target contracts, and collaborative activities
- Role Delineation: Specific responsibilities, resource commitments, and work distribution among partners
- Confidentiality Terms: Protection of proprietary information and trade secrets under Philippine law
- Financial Structure: Profit sharing ratios, cost allocation, and payment mechanisms
- Compliance Statement: Reference to relevant Philippine procurement laws and regulations
- Dispute Resolution: Clear procedures for conflict resolution under Philippine jurisdiction
What's the difference between a Teaming agreement and an Access Agreement?
A Teaming agreement differs significantly from a Business Acquisition Agreement in several key ways. While both involve business collaboration, they serve distinct purposes in Philippine corporate law.
- Duration and Purpose: Teaming agreements typically focus on specific projects or contract bids, creating temporary partnerships. Business Acquisition Agreements involve permanent ownership changes and complete business transfers.
- Corporate Identity: In teaming arrangements, companies maintain separate legal identities while collaborating. With acquisitions, one company typically absorbs or takes control of another.
- Resource Sharing: Teaming agreements outline temporary sharing of expertise and resources. Acquisitions transfer all assets, liabilities, and operations permanently.
- Legal Implications: Teaming agreements create project-specific obligations under Philippine procurement laws. Business acquisitions trigger comprehensive corporate restructuring requirements, SEC notifications, and tax implications.
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