The EXA Way Supplement

Teaming Agreement

Page 260

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BETWEEN COMPANY A AND COMPANY B

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1. Introduction

This Teaming Agreement (Agreement) is established between Company A (the "Bidder") and Company B (the "Support Company"), collectively referred to as the "Parties," specifically for their collaboration on the"ABC" project.

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2. Purpose and Scope

The purpose of this Agreement is to delineate the obligations between Company A and Company B for the proposal development in support of the “ABC” project.

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3. Duration

This Agreement is effective from <Effective Date> and will remain valid until the completion of the ABC project or as mutually revised by the Parties.

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4.Collaboration Framework

4.1. General: The Parties agree to collaborate to enable Company A to submit a compliant and competitive proposal to the procurement authority to win a contract for the ABC Project. To that end, the Parties commit to taking all reasonable steps, collectively and individually, including planned and unforeseen steps, to maximize the probability of Company A submitting a winning proposal.

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4.2. Respective Authorities: Company A, as the Bidder, retains final authority over the content and delivery of the proposal to the procurement authority, encompassing the technical, financial, and offset volumes. Company B, as the Support Company, retains final authority and responsibility over the content and delivery of its portion of the proposal content its submits to Company A.

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4.3. Commitment to Proposal: The parties acknowledge that their performance during this Agreement in areas of document completeness, compliance, correctness, clarity, conciseness, and their resulting evaluated scores, shall have a material impact on the probability of Company A securing a resulting contract. To that end, both parties commit to employing the resources necessary to achieve their respective obligations in developing and delivering a compliant and competitive proposal.

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4.4. Commitment to Work Share: With respect to each Party’s work share under the proposed resulting contract and any related subcontracts, and in compliance with all assigned and applicable requirements, criteria, and terms and conditions, and for the total duration of the resulting contract and subcontracts, the Parties agree to, respectively:

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a) accurately and completely estimate all direct, indirect, and incidental costs from all contract and subcontract sources; and

b) describe the work they will carry out accurately and completely in their assigned proposal document sections, as set out in Article 5.

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5. Proposal Document Requirements List (PDRL)

During proposal development, the Parties shall furnish all documents and artifacts and fully respond, with detailed corroborating evidence, to all mandatory and rated requirements, asset out in Company A’s PDRL, as set out in Schedule C, and as amended from time to time by Company A.

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6. Proposal Development and Support

6.1 Company B agrees to co-locate at least two (2) of its personnel at Company A’s facilities for the duration of the proposal development. Company B’s co-located personnel shall be sufficiently experienced and knowledgeable to lead and coordinate Company B’s responses to its proposal development responsibilities set out in Article 5.

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6.2 The Parties agree to commit the necessary resources and take the necessary steps to complete their respective proposal development responsibilities, as set out in the PDRL, and in accordance with the Proposal Development Plan and Schedule set out in Schedule F.

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6.3 The Parties agree to follow proposal development best practices as documented in Win Big The EXA Way.

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7. Compliance at Red Review

During the Red Review of proposal development, the Parties hereby warrant that, for the artifacts and requirements they are responsible for, respectively, as set out in Article 5, they shall each achieve:

• 100% compliance to all mandatory requirements.
• At least 70% compliance to each rated requirement.
• An overall average score of at least 75% across all rated requirements.

8. Intellectual Property

Intellectual property rights shall be governed per the stipulations agreed upon by the Parties and as set out in Schedule D.

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9. Confidentiality

Both Parties commit to the protection of confidential information in accordance with a separate Non-Disclosure Agreement between the Parties dated [Date of NDA].

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10. Termination

Either Party may terminate this Agreement upon providing [Notice Period] days' written notice to the other Party

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11. Amendments

Amendments to this Agreement shall be made in writing and require mutual consent of both Parties.

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12. Costs

Unless otherwise agreed by the Parties, each Party shall bear their own costs for all activities and responsibilities under this Agreement.

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13. Signatures

Executed by the authorized representatives of the Parties as of the last date written below:

Company A: ________________________ Name: [Name], [Title] Date: [Date]

Company B: ________________________ Name: [Name], [Title] Date: [Date]

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***Disclaimer: The information presented in this supplement is for information purposes only. It is not intended, and may not be used, as legal or business advice. The author makes no representations of warranty, accuracy, or fit for purpose of the information herein. Use at your own risk.