Government contractors routinely use Teaming Agreements to secure federal business opportunities. The Federal Acquisition Regulation (FAR) generally recognizes the validity of teaming arrangements, but recent case law has called into question the enforceability of such agreements.

David Gallacher is a Partner in the Government Contracts, International Trade and Investigations practice group in Sheppard Mullin’s Washington, D.C. office. David’s practice involves counseling companies – both large and small, in the defense and civilian markets, doing business in both the U.S. and international markets – regarding the complexities of federal procurement laws and the difficulties inherent in doing business with the U.S. Government. He has extensive experience on a wide range of issues including, among other things, teaming agreements, subcontract administration and flowdown requirements, prime/subcontractor relationships, country of origin preferences, export controls, commercial item exceptions, merger and acquisition due diligence, cost accounting, suspension and debarment, and small business requirements. He also has broad based litigation experience relating to defending False Claims Act cases in the U.S. District Courts, prosecuting claims before the Boards of Contract Appeals, pursuing bid protests before the GAO, and litigating in numerous other administrative settings. He regularly assists companies by conducting internal reviews relating any number of federal compliance issues, allowing companies to implement internal controls as well as assisting companies in making disclosures to the appropriate government authorities, when appropriate. In 2007, he successfully arbitrated a dispute between two prominent government contractors relating to the validity and interpretation of a teaming agreement and its proprietary data provisions. He is a prolific writer and can be followed at www.governmentcontractslawblog.com.