§ Terms · Associate
BHPE Associate Agreement
Between BHPE LLC (“BHPE”), Oklahoma City, OK, and the undersigned (“Associate”), effective the date signed below. No fee is charged for this Agreement.
1. Mentorship. While this Agreement is active, BHPE provides weekly deal-review sessions and review of Associate work product before submission.
2. Scope and approval gates. Associate is an independent contractor performing business development: sourcing and analyzing federal and state solicitations, identifying vendors and subcontractors, outreach, and quote/proposal inputs. Without BHPE’s prior written approval in each instance, Associate shall not submit anything to any agency, contact any contracting officer or government official, communicate with vendors in BHPE’s name, or make any commitment on BHPE’s behalf. A Desk Account issued under BHPE’s Desk Email Policy carries standing written approval for vendor pricing inquiries, strictly within that policy’s scope; everything else still requires approval in each instance. The engagement is non-exclusive for both parties; Associate controls their own schedule, methods, and tools.
3. Commission. 20% of Gross Profit per Covered Award. Covered Award: an award for which BHPE designated the opportunity as Associate-covered in writing within five (5) business days of assigning or accepting Associate’s work on it; work product requested by BHPE on an undesignated opportunity deems that opportunity Covered. If more than one associate contributes to an award, the single 20% commission is allocated among them by BHPE in writing — total commissions on any award never exceed 20% of Gross Profit. Gross Profit: amounts actually collected from the customer minus direct costs of performance (subcontractors, materials, equipment, bonds and insurance, direct labor, freight, travel), computed consistently with BHPE’s job-cost records across all projects; no overhead is deducted. Commission is paid within five (5) days after BHPE receives each corresponding customer payment — commissions follow collections, not invoicing. If an award is reduced, deobligated, terminated, or payments are withheld or recouped, Gross Profit and commissions adjust, and overpayments may be offset or invoiced back. BHPE provides a per-award statement of collections, direct costs, and commission.
4. Eligibility. Completion of the Begini Howard Residency practicum (a BHR LLC program) in good standing or equivalent experience demonstrated through BHPE’s application process; U.S. work authorization; not suspended, debarred, or proposed for debarment in SAM.gov; completed IRS W-9 before first payment.
5. Compliance. Associate complies with all applicable law — including the Procurement Integrity Act (no seeking or using source-selection or competitor bid/proposal information), anti-gratuity, and anti-kickback rules — and will not represent themselves as a BHPE employee or officer.
6. Confidentiality and non-circumvention. BHPE’s pipeline, pricing, cost data, vendor relationships, and non-public agency communications remain confidential during and after this Agreement. For twenty-four (24) months after termination, Associate will not circumvent BHPE on any specific opportunity, customer, or vendor relationship introduced through BHPE. This is not a general non-compete; Associate remains free to work in government contracting.
7. Term. Either party may terminate at any time by written notice. Commissions remain payable, as collected, on Covered Awards made before termination and on proposals submitted before termination that convert to award within six (6) months after termination.
8. Status, disputes, general. Independent contractor; responsible for own taxes; no wages or benefits. Each party is responsible for its own unlawful acts or unapproved statements; BHPE’s total liability is capped at commissions paid or payable. Oklahoma law governs. Before filing any claim, a party must give written notice and allow thirty (30) days to resolve it informally. Except for matters within small-claims-court jurisdiction, any dispute arising from or relating to this Agreement — including the scope or enforceability of this Section — is resolved by binding individual arbitration in Oklahoma County, Oklahoma under AAA rules; both parties waive class actions and jury trial. Any claim must be brought within one (1) year of accrual, where permitted by law. This is the entire agreement; unenforceable provisions are severed.
| BHPE LLC | Associate | |
|---|---|---|
| Signature | ______________________ | ______________________ |
| Name / Date | ______________________ | ______________________ |