Incorporating FAR Subcontractor Flowdown Terms in Government Contracts: Guidance for Primes and Subs
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will explore the enduring prime-sub debates (and disputes) that often accompany the flowdown process and offers helpful risk mitigation techniques for all parties.
- What is a flowdown provision?
- Considerations for primes and subs when deciding which type of subcontract to enter
- Fixed price
- Cost reimbursement
- The Christian Doctrine
- Commercial vs. Noncommercial contracts
- Mandatory vs. “necessary” flowdown clauses
- Representations and certifications
- Contract negotiation techniques
The panel will review these and other key issues:
- How can prime contractors and subcontractors determine which flowdown clauses should be included in their FAR contracts and which clauses should not be included?
- How can prime contractors and subcontractors and their counsel ensure that their conduct under a subcontract complies with the various relevant regulatory requirements governing federal government contracts and related subcontracts?
Cara A. Wulf, Attorney
McCarter & English
Ms. Wulf focuses her practice on government contracts and regulations. She has extensive experience counseling clients... | Read More
Ms. Wulf focuses her practice on government contracts and regulations. She has extensive experience counseling clients regarding compliance with federal, state and local public procurement requirements. She also assists in litigation involving bid protests, claims, and other disputes before federal agencies, courts and the U.S. Government Accountability Office. Prior to joining the firm, Ms. Wulf worked for multiple U.S. Department of Defense agencies, through which she gained experience with complex government regulations, including the FAR and DFARS.Close
Micah T. Zomer
Foley & Lardner
As a member of the Government & Public Policy Practice, Mr. Zomer focuses his practice on issues related to... | Read More
As a member of the Government & Public Policy Practice, Mr. Zomer focuses his practice on issues related to government procurement. He counsels clients during the solicitation and proposal phases of government contracts by identifying and mitigating against potential risks. Mr. Zomer assists government prime contractors and subcontractors in drafting, reviewing and negotiating government contracts to best protect clients’ interests.Close