Prior to this case, it was well established that an « agreement to be agreed upon » is not applicable, at least under Virginia law. While the jury found that FCi had misled CGI, FCi`s decision to confirm the amended team agreement destroyed CGI`s right to a cash prize for fraud or unwarranted enrichment. Since 2000, many national jurisdictions have followed this logic and applied teaming agreements24 while many others considered them too vague to rule on the matter.25 Recently, the Eastern District of Virginia again reversed Virginia`s precedent and refused to impose a teaming agreement between two federal contractors26. because it contained a provision that provided for the termination of the teaming agreement in the event that f « did not see the parties agreeing in good faith on a subcontract after a reasonable period of negotiation ». 27 However, at the end of the 1990s, that authority fragmented with several courts which found that the common conditions of most teaming agreements were inapplicable `agreements`. In W.J. Schafer Associates, Inc. vs. Cordant, Inc., U.S. The Air Force requested bids for a contract to convert personal records into a computerized database16 The team agreement stated that the parties would negotiate the specific terms of a subcontract if the main contract was awarded to the team leader17 After the leader won the award, the team member was unable to supply the computerized products.
Known as the « Digitizer, » the paper documents had to be converted into microfiches.18 The Führer filed a complaint for violating the teaming agreement and prevailed in court, but the Virginia Supreme Court overturned the decision and found that the provision for subcontracting negotiations after the award was a legally unenforceable agreement.19 When the time comes to negotiate and effectively perform the subcontract, the parties may have successfully offered the main contract, but may not be able to negotiate their internal agreement. If this happens, many will enter the unpredictable no man`s land of teaming agreement disputes. In 2012, CGI signed a team agreement with FCi to co-develop a Ministry of Foreign Affairs contract proposal in which FCi would act as lead contractor and CGI as subcontractor. FCi retained the exclusive right to enter into the proposal and negotiate a main contract with the resulting government. . . .