Terms & Conditions

The Client’s Capability Statement will be delivered within two (2) weeks of all required onboarding documents being submitted. Timely delivery depends on full cooperation and document submission from the Client.

PAYMENT TERMS & REFUND POLICY

PAYMENT TERMS

Payment for services is due in full at the time of signing or upon execution of this Agreement, unless otherwise agreed to in writing by both parties.

FGA accepts payment via credit card, eCheck, or other approved electronic payment methods. The term of service under this Agreement is twelve (12) months.

The Client acknowledges that payments made under this Agreement are for professional services, and agrees that no chargebacks or payment reversals shall be initiated. In the event deliverables have been provided or services have commenced, the Client agrees to resolve any concerns directly with FGA rather than through third-party payment disputes.

GOVERNMENT & CERTIFICATION REGISTRATION FEES

Fees associated with government registrations and certifications (such as SAM, WOSB, 8(a), or HUBZone) vary depending on the specific requirements of each project and are not included in FGA’s services unless explicitly stated in the Client’s selected package.

Any required government or certification fees must be paid in full and in advance of submission to the applicable federal or state agencies.

FGA will prepare and support the submission process; however, FGA does not control the timelines, review processes, or determinations made by government entities.

NON-SOLICITATION OF FGA PERSONNEL

If a Client attempts to solicit, hire, or employ any current or former FGA personnel, including advisors, administrative staff, bid developers, sourcing specialists, or marketing team members, the Client agrees to pay $50,000.00 in liquidated damages, in addition to any legal and attorney fees incurred by FGA.

This clause applies for the duration of the Service Agreement and for 12 months following termination of the Service Agreement.

REFUND POLICY

Early Cancellation Window

Clients may request a full refund within forty-eight (48) hours of signing this Agreement, provided that services have not yet begun.

SERVICE DELIVERY GUARANTEE

If the Client has submitted all required onboarding documents and FGA does not deliver the agreed-upon core deliverables within the established timeline, the Client may request a full refund. FGA will review the circumstances with the Client to confirm that all required materials were received and that no delays occurred due to missing information or communication gaps. Once verified, a full refund will be issued.

NON-REFUNDABLE CONDITIONS

Refunds are not available for services already completed or when delays result from missing documentation, paused communication, or circumstances outside FGA’s control.

REFUND PROCESSING

Approved refunds will be issued once a brief refund acknowledgment is signed by both parties. Refunds will be processed through check.

BUSINESS HOURS

FGA’s standard business hours are Monday through Friday, 9:30 AM to 5:30 PM EST. Clients understand that bid developers may, on a case-by-case basis, communicate outside of standard hours in the event of time-sensitive bid submissions. These exceptions are not guaranteed and are based on internal capacity.

TERMINATION BY FGA

FGA is committed to maintaining a professional, respectful, and collaborative working environment for both our clients and our team. To ensure the continued success of the engagement, FGA reserves the right to discontinue services and terminate this Agreement, without refund, if interactions materially impede our ability to perform the contracted work. These circumstances include, but are not limited to:

• Behavior that significantly disrupts communication or workflow, such as repeated hostile, aggressive, or disrespectful conduct toward FGA personnel; or

• Language or actions that create an unsafe, degrading, or unprofessional environment for any member of the FGA team, including administrative staff, marketing personnel, sourcing specialists, or bid developers.

FGA will make reasonable efforts to address concerns collaboratively before taking any action. Termination under this provision is exercised only when necessary to protect the integrity of the working relationship and ensure service quality for all clients.

LEGAL TERMS AND POLICIES

INDEPENDENT CONTRACTOR RELATIONSHIP

FGA is an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the Client and FGA. FGA is not affiliated with or endorsed by any federal, state, or local government agency.

NATURE OF PROPOSAL SUPPORT SERVICES

FGA delivers comprehensive proposal and advisory services to support the Client’s pursuit of government opportunities. Because contract awards are made solely by government agencies in accordance with their evaluation processes, procurement rules, and competitive considerations, FGA’s services relate to preparation and submission, not award determination.

CONFIDENTIALITY

FGA agrees to keep all Client business information, data, and materials confidential and will not disclose such information to third parties except as required by law or with Client’s written consent.

INACTIVITY POLICY

FGA’s services rely on ongoing collaboration and timely exchange of information. If there is a period of more than thirty (30) days without the Client providing the materials or feedback needed for FGA to continue performing services, the engagement may be placed on hold until communication resumes.

If the pause extends beyond sixty (60) days, the services may be administratively closed to maintain scheduling and resource alignment. Should the Client wish to resume services thereafter, FGA will work with the Client to determine the appropriate next steps based on the remaining scope and timing.

INTELLECTUAL PROPERTY

In the course of performing services, FGA may utilize its proprietary templates, formats, processes, and other materials (“FGA Materials”). All FGA Materials remain the exclusive property of FGA.

Upon delivery of the final completed documents such as proposals, capability statements, or other client-specific work product the Client shall own all rights, title, and interest in those finalized deliverables. The Client may use, reproduce, or modify the final documents at their discretion.

This provision grants ownership only in the finalized, customized documents prepared for the Client and does not transfer any rights in FGA’s underlying templates, tools, or proprietary methodologies.

CLIENT RESPONSIBILITY AND LIMITATIONS OF LIABILITY

The Client acknowledges that it is responsible for maintaining the organizational capacity, operational qualifications, required documentation, and any other internal business requirements necessary to pursue government contracting opportunities within its stated scope.

FGA provides advisory and proposal development services and is not responsible for delays or limitations caused by the Client’s internal readiness, incomplete information, unmet eligibility criteria, or changes in the Client’s stated capabilities (including NAICS codes or service areas the Client later determines it cannot support).

The Client agrees to communicate any concerns directly to FGA so that issues can be addressed collaboratively. The Client also agrees not to make public statements, reviews, or comments that inaccurately attribute missed opportunities to FGA, including situations where the Client was unable to pursue an opportunity due to delayed communication, unmet requirements, or misrepresentation of its own qualifications or capabilities. Knowingly providing false or misleading information, or publicly presenting such information as fact, may result in the application of appropriate remedies available under this Agreement and under applicable law.

Clients are expected to maintain reasonable communication with their assigned FGA representatives, including sourcing personnel, bid developers, and administrative staff, to ensure services can be delivered effectively.

If the Client fails to respond to communications related to sourcing activities or proposal development for a period of sixty (60) consecutive days, the Client will be considered non-responsive.

If non-responsiveness continues for one hundred twenty (120) consecutive days, despite multiple documented attempts at contact by the sourcing team, bid development team, and FGA administrative staff, FGA reserves the right to pause the Client’s account and suspend services.

If communication is not reestablished following account suspension, FGA may, at its sole discretion, terminate the Agreement due to non-responsiveness.

In the event non-responsiveness was caused by a documented emergency, including but not limited to serious health issues or unforeseen personal emergencies, the Client may request reinstatement of services. Reinstatement will be evaluated on a case-by-case basis and may be subject to updated onboarding, scheduling availability, and revised service timelines.

GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, specifically Hillsborough County, Florida, without regard to conflict of law principles.

DISPUTE RESOLUTION & JURISDICTION

If any dispute arises out of or relates to this Agreement, the parties agree to first attempt to resolve the matter through good-faith discussions. If the issue cannot be resolved informally, the dispute shall be submitted to binding arbitration in the State of Florida in accordance with the rules of the American Arbitration Association.

Either party may seek interim or equitable relief, including injunctive relief, from a court of competent jurisdiction in Florida when necessary to protect its rights or interests.

SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall continue in full force and effect.

ENTIRE AGREEMENT

This Agreement constitutes the complete and exclusive understanding between the parties regarding the services provided by FGA. It supersedes all prior agreements, oral or written.

AMENDMENTS

Any changes or modifications to this Agreement must be made in writing and signed by both parties.

BONUS STRUCTURE

The Client agrees that, in lieu of any percentage taken from the total contract award amount, the Company shall receive a success fee equal to 1% of the net profit derived from any government contracts awarded as a direct result of the services provided under this agreement. Net profit shall be defined as gross revenue from the awarded contract(s) minus direct costs and expenses directly attributable to the performance of the contract. This fee structure ensures that compensation is tied solely to actual earned profit and aligns the interests of both parties. Any contract below $250,000 can be negotiated. FGA will not take a fee on the first contract.