     EXCELLENT

Government Contractors Beware: Federal Court Declares Teaming Agreement Unenforceable

Two government contractors entered into a Teaming Agreement for the purpose of working together towards securing a prime contract from the Federal government. The companies, Information Experts, Inc. (“IE”) and Cyberlock Consulting, Inc. (“Cyberlock”), successfully put forward a persuasive bid, and the government awarded the prime contract to IE. Despite the Teaming Agreement, IE refused to use Cyberlock as its subcontractor and went on to perform the contract without it. Not surprisingly, Cyberlock sued IE for breach. The U.S. District Court for the Eastern District of Virginia determined, however, that IE did not breach the Teaming Agreement because it was not enforceable.

The case is Cyberlock Consulting, Inc. v. Information Experts, Inc., and serves as a cautionary tale for any Virginia-based government contractor that enters into such an agreement with another company. If a teaming agreement states that the parties will agree on additional terms in the future, or after the Government Contract is awarded, the agreement may not be enforceable.

The Teaming Agreement in this case stated that its purpose was “to set forth the arrangement between [IE] and [Cyberlock],” and that “[u]pon Contract Award, [IE] will perform 51% of the scope of work with [Cyberlock] performing 49%.” Despite the fact that these are fairly standard provisions in the government contracts realm, the Court held that this arrangement was merely an agreement to agree in the future, and was thus too vague and too indefinite to be enforceable. The Court even reasoned that the parties’ mere act of calling the document a “teaming agreement,” rather than a “subcontract” for example, implied that the document was more similar to a letter of intent, or was a non-binding expression of a future agreement. Accordingly, the Court declared the parties’ Teaming Agreement unenforceable as a matter of law and granted summary judgment to IE. Interestingly, the Court declared that it erred by not dismissing the case earlier in the litigation, at the motion to dismiss stage.

Based on this opinion, contractors should consider reviewing their teaming agreements, and consulting with legal counsel for guidance.

Client Reviews

    
 
 
       Posted on Google  
   
   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year).

I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious.

I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial.

* Take a DMV Driver's Improvement Course

* Take a Behavior Modification Course

* Do 100 hours of community service

* Print my DMV Record one week before the trial

On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me.

No criminal record.
No jail time.
No suspension of license.

I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing.

Thank you Dave Albo for helping me through this ordeal!
  
 
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   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer.
He has helped me twice now with great results both times with minor traffic tickets.
I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
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   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
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   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
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   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
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   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
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   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
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   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
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   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
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   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.