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FAR Subcontractor Flowdown Terms in Government Contracts: Practical Guidance for Primes and Subs

An encore presentation with Live Q&A.

A 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, November 19, 2024

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE course will prepare counsel representing prime contractors or subcontractors in federal government contracts to negotiate and implement the complex Federal Acquisition Regulations (FAR) subcontractor flowdown terms and requirements. The panel will offer best practices--including distinguishing between mandatory and merely "necessary" flowdowns--to enable counsel to structure agreements that result in high-yield, low-risk government contracting.

Description

A marked increase in federal procurement spending post-pandemic has fueled a surge in federal government contracting opportunities. From government-wide acquisition contracts to small business and simplified acquisitions, spending has remained high in recent years. But doing business with the federal government generates a highly specialized set of legal issues, particularly given the current emphasis on oversight, compliance, and mandatory disclosure of wrongdoing.

Under a U.S. government prime contract, subcontract management is a hybrid of the company's commercial subcontracting requirements and those of the federal government. "Flowdown" provisions remain one of the most challenging aspects of government contracting, with consequences that reach beyond subcontract compliance and that can affect every aspect of both the prime contractor's and subcontractor's business.

Listen as our seasoned panel of practitioners explains the unique requirements and legal risks of subcontracting with government contractors and provides unique insights for prime contractors and subcontractors when negotiating flowdown terms that result in high-yield, low-risk government contracting.

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Outline

  1. What is a flowdown clause?
  2. Understanding FAR provisions vs. FAR clauses
  3. Applicability of flowdown clauses to different types of contracts
    1. Fixed-price
    2. Cost reimbursement
  4. Mandatory vs. "necessary" vs. applicable flowdown clauses
    1. Christian doctrine
    2. Subcontract substitution language
  5. FAR flowdown clauses vs. commercial clauses
  6. Best practices for negotiating FAR flowdown clauses

Benefits

The panel will review these and other key issues:

  • Understanding the purpose and procedures regarding FAR clauses and the need to flowdown these clauses in various types of subcontracts
  • Understanding the implications of including or omitting certain flowdown clauses in federal subcontracts
  • Understanding the impact of FAR flowdown clauses in a subcontract on other, primarily commercial, subcontract provisions
  • Understanding the most efficient and effective way to negotiate the flowdown of prime contract FAR clauses to subcontracts

An encore presentation featuring Live Q&A.

Faculty

Burrows, Robyn
Robyn N. Burrows

Partner
Blank Rome

Ms. Burrows represents clients on a wide range of government contracts matters. She has experience preparing and...  |  Read More

Hewitt, Devon
Devon E. Hewitt

Partner
Potomac Law Group

Ms. Hewitt is a Partner in the firm’s Government Contracts practice and has over 25 years' of experience...  |  Read More

Attend on November 19

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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