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 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.
Outline
- What is a flowdown clause?
- Understanding FAR provisions vs. FAR clauses
- Applicability of flowdown clauses to different types of contracts
- Fixed-price
- Cost reimbursement
- Mandatory vs. "necessary" vs. applicable flowdown clauses
- Christian doctrine
- Subcontract substitution language
- FAR flowdown clauses vs. commercial clauses
- 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
Faculty
Devon E. Hewitt
Partner
Protorae Law
Ms. Hewitt has over 25 years of experience in the field of government contracts and represents emerging, small,... | Read More
Ms. Hewitt has over 25 years of experience in the field of government contracts and represents emerging, small, mid-size and large government contractors located across the U.S. and abroad. Ms. Hewitt is best known as a bid protest attorney, having participated in well over 100 bid protests lodged at various federal agencies, including the SBA and the GAO. She also has participated in bid protests filed at the U.S. Court of Federal Claims and is one of the few bid protest attorneys that has argued bid protest decisions on appeal at the Federal Circuit. In addition to bid protests, Ms. Hewitt represents government contractors in a wide variety of transactional matters such as the drafting and negotiation of subcontracts and teaming, cooperative, nondisclosure, noncompete, operating, joint venture, commercial vendor and “OTA” agreements.
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Elizabeth N. Jochum
Member
Smith Pachter McWhorter
Ms. Jochum is a partner in the firm's Government Contracts practice group. Her practice focuses on government... | Read More
Ms. Jochum is a partner in the firm's Government Contracts practice group. Her practice focuses on government contracts and white collar defense. She represents government contractors in bid protests before the United States Government Accountability Office as well as the U.S. Court of Federal Claims; appeals before the Armed Services and Civilian Boards of Contract Appeals and the U.S. Court of Appeals for the Federal Circuit; and size protests, determinations, and appeals before the Small Business Administration.
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