The NDA is a favorable contract between one or more business entities that was created to protect the confidentiality of knowledge or shared materials. It also restricts third parties` access to this information. ASNs shall ensure that no Contracting Party is authorised to communicate to third parties material covered by the Agreement, which contains information, knowledge or material which is not known to the public. ASNs shall include only information transmitted directly by the parties concerned; They do not prevent sharing from being discovered in another way. The biggest risk that arises in such agreements is that after the time and effort required to prepare the agreement, the small company will not receive the expected share of the work when the project offer is awarded. It is therefore important that the technical assistance indicates whether the main contractor intends to award a subcontractor to the potential subcontractor when the contract in question is awarded to the main contractor. The agreement should also address, among other things, the protection of proprietary data. A team agreement is not a treaty of government. This is a private contract concluded between two or more parties and is subject to contract law and/or the single commercial code. The TA should not mention the state acquisition rules (FARS or DFARS), which are usually negotiated later and included in the subcontract. However, according to subsection FAR 9.601, the federal government must recognize the validity of a contractor “provided that the agreements are identified and the corporate relationships are fully disclosed in an offer or, in the case of agreements entered into after the submission of an offer, before the agreement takes effect”. In other words, full disclosure of TA must be part of the main contractor`s offer. There are several reasons why two or more companies may form a team to submit a proposal in response to a federal government call for tenders.
For example, a small business that is new to government contracts wants to work with a larger company to build relationships and previous performance experience. Whatever the reason, the legal and contractual side of the team is a critical part of a successful partnership. The confidentiality agreement (NDA) and the team agreement (TA) are two of the documents that must be available to allow companies to cooperate. Although they look a bit alike, the NDA and your actually serve two different purposes. The NDA should be launched early in the supply cycle, typically during the development or business registration phases….