By Anthony I. Shin, Esq. | Federal Contracting & Compliance Law Attorney | Shin Law Office
Subcontractor Rights at JEB Little Creek – What Happens After the Prime Wins?
Let’s talk about something I see way too often: a prime contractor gets the award and suddenly forgets who helped them win it.
If you’re a subcontractor supporting special operations at JEB Little Creek–Fort Story, you know the stakes.
Whether you’re supplying boats, instructors, or expeditionary gear, your work is critical to mission readiness.
But just because your role was essential during the proposal phase doesn’t mean the prime will honor their commitment post-award.
And that’s where the trouble starts.
Teaming Agreements: Your First Line of Defense
I’ve helped many businesses avoid being burned by vague teaming agreements.
They thought a handshake and some emails were enough. They weren’t.
In Virginia, if your teaming agreement states that the parties “intend to work together” or “will negotiate in good faith,” that provision is not enforceable.
Courts treat those as wishful thinking, not a binding deal.
Here’s what I tell my clients who support contracts at Little Creek:
Lock Down the Details
Don’t settle for vague language like “Subcontractor will participate.” Instead:
- Specify exactly what portion of the work you’ll perform (e.g., “3 of 5 training lanes” or “10 certified instructors”).
- Attach a workshare exhibit if needed.
- Use mandatory terms: “Prime shall award a subcontract for [defined scope] upon contract award.”
If it sounds aggressive, that’s because it needs to be.
I’ve seen too many subs left behind with nothing but a broken promise and a lengthy email trail that holds no weight in court.
The “Key Personnel” Advantage
If your performance was critical to winning the bid, you may have some leverage.
Government agencies don’t take kindly to bait-and-switch tactics.
If you were listed as a key team member and the prime quietly swaps you out, that’s a protestable action under GAO case law.
Will that help you enforce your teaming agreement? Not directly.
However, it provides a powerful tool for negotiation.
I’ve used it before, and sometimes just reminding the prime what’s at stake is enough to get the contract back on track.
What If You’re Already Being Cut?
If you’ve already gotten the call—or worse, no call—after the award, don’t panic. But act fast.
I’ll review the teaming agreement to see if there’s a clear commitment.
If the language is strong, we’ll push for enforcement or settlement.
If it’s weak, we may consider alternative legal routes, such as unjust enrichment or misrepresentation, but those are uphill battles.
And yes, sometimes the only real option is making sure you never put yourself in that spot again.
Final Thoughts from the Field
At JEB Little Creek–Fort Story, operations move fast, and trust is crucial.
But in federal contracting, trust is not a strategy. A well-drafted teaming agreement is.
If you’re bidding on contracts supporting special operations, amphibious training, or logistics here, don’t wait until after the award to get serious about your rights.
Get it in writing. Make it airtight.
And if you’re already in a dispute, get legal help early before you lose any chance at enforcing what’s fair.
I’m Anthony Shin.
I help defense contractors in Virginia secure what they earned.
If you’ve been sidelined after the win, let’s talk.
Anthony I. Shin, Esq.
