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Getting Picky: How to Team (and How NOT to Team) in Today’s Marketplace

Getting Picky: How to Team (and How NOT to Team) in Today’s Marketplace. Getting Picky. How to team and how not to team in today’s marketplace. Introductions. Sander Wilson, CFCM, CF APMP Manager, Business Operations for LVW Electronics Professional Highlights:

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Getting Picky: How to Team (and How NOT to Team) in Today’s Marketplace

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  1. Getting Picky: How to Team (and How NOT to Team) in Today’s Marketplace

  2. Getting Picky How to team and how not to team in today’s marketplace

  3. 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)

  4. Agenda Into the woodshed – the basics Why we team How to team When to team Enforceability What’s the worst that could happen? Questions / Discussion

  5. What You’ll 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.

  6. Why Team? – Case Study: Hoover Dam Boulder Dam Project • $50M procurement (roughly $700M today) • 107 potential bidders • 3 substantive proposals

  7. 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

  8. Why Team? – Case Study: Hoover Dam The Winning Team (the “Big Six”) – today • Kaiser-Permanente • Bechtel Co. • BHP Billiton / Fluor • URS • J.F. Shea • None of these companies could have built the Hoover Dam alone. • None of them would be where they are now if they hadn’t teamed up in the first place.

  9. “The Process” Dating • NDAs • Memos / Emails / Phone calls Engagement • TAs • Proposals / Quotes / ROMs Marriage • Subcontract / Purchase Order • Think of a Teaming Agreement as a prenuptial agreement, but with fewer teeth

  10. What’s 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 • Before you sign up to a one-sided condition, it’s always fair to ask the other side to make it mutual. Share the pain.

  11. What’s 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

  12. What’s 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 mutually-agreeable contracting arrangement.* • ALL subcontracts are negotiable.

  13. 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

  14. 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?

  15. What’s Important Now? Why do we team? • Pursuit of more and greater opportunities • Marketing • Tactical advantages • Strategic goals • …. Just because we can? • There are many reasons to team up. The best is the simplest of all: to WIN.

  16. Strategic Alliances Key to long term growth • Mentor / Protégé Arrangements • Incubators • Joint Ventures Dove-tailing • Matching your strengths with their weaknesses • Limits cross-pollination (i.e., training your competition)

  17. 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

  18. How It’s Done – Dating Networking – industry days, prof. orgs., on-line Calls, calls, calls Intelligence • know your market • know your customer • Know your enemy • Emails are not your friend. • CALL FIRST. • WRITE LAST.

  19. How It’s Done – Engagement Negotiating a TA • Workshare • Commitment Skin in the Game • Proposal Support • Bondability • Market position • Intelligence

  20. Work Share #1 Source of disagreement Usually found in Exhibit/Attachment A Samples: • “To be determined at task order award.” • “Commensurate with the teammate’s 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”

  21. Commitment • Forms of commitment: • Time • Labor • Past Performance • Technical Ability • Cash • Bondability • Can vary greatly, whether in written form (in the TA) or in spirit • Critical to good teaming • Puts skin in the game

  22. How It’s Done – Marriage Relationship, relationship, relationship Workshare => Statement of Work Everybody wins together, OR Everybody loses together • “There never was a good knife made of bad steel.” • Ben Franklin

  23. When to Team Capture Proposal Response Opportunity ID

  24. Enforceability • Don’t assume it’s enforceable – because it probably won’t 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 • Teaming arrangements succeed due to the spirit of the agreement, not the letter.

  25. 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

  26. What’s 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, there’s the risk that you’ll simply LOSE.

  27. 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

  28. Questions • Items for discussion: • When might it be a bad idea to team? • How do you know if you’re 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?

  29. Contact Us APMP PO Box 77272 Washington, DC 20013-7272 Phone: +1 - (202) 450-2549 www.apmp.org Sander Wilson Manager, Business Operations LVW Electronics (719) 314-2854 awilson@lvw.com www.LVW.com

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