FAR Subcontractor Flowdown Terms in Government Contracts: Practical Guidance for Primes and Subs
Recording of a 90-minute CLE video 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
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
Ms. Burrows represents clients on a wide range of government contracts matters. She has experience preparing and negotiating complex claims and has litigated disputes before the boards of contract appeals and state and federal courts. Ms. Burrows has a particular focus on emerging supply chain and cybersecurity issues and has counseled numerous clients on Section 889 compliance. She also provides counseling on cost/pricing issues, domestic preferences, protection of contractor data and intellectual property, and suspension and debarment matters. Ms. Burrows has experience navigating clients through False Claims Act investigations and regularly assists clients in high value bid protests before the Government Accountability Office and U.S. Court of Federal Claims. She has also developed particular experience with Department of Energy contracts, and has handled matters involving whistleblower complaints, civil investigative demands, subcontractor disputes, cost-allowability issues, and other unique DOE requirements applying to M&O contractors. Ms. Burrows recently assisted in successfully representing an M&O contractor in resolving a significant subcontractor termination dispute in federal district court.
Close
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
Ms. Hewitt is a Partner in the firm’s Government Contracts practice and has over 25 years' of experience representing emerging, small, mid-size and large government contractors located across the United States and abroad. She is best known as a bid protest attorney, having participated in well over 200 bid protests lodged at various federal agencies, including the Small Business Administration, the Federal Aviation Administration, and the Government Accountability Office. Ms. Hewitt also has participated in bid protests filed at the United States Court of Federal Claims and is one of the few bid protest attorneys that has argued bid protest decisions on appeal at the United States Court of Appeals for the Federal Circuit. She represents government contractors in a wide variety of transactional matters such as the drafting and negotiation of subcontracts as well as teaming, cooperative, nondisclosure, non-compete, operating, joint venture, commercial vendor and Other Transaction Authority agreements. Ms. Hewitt also advises government contractors on issues related to mergers and acquisitions, novations, government investigations, the Service Contract Act, intellectual property and data rights, suspension and debarment, contract claims, ethics and compliance, Organizational Conflicts of Interest, FOIA requests and reverse FOIA letters, and notices of default and terminations, among others. She has significant experience with the Small Business Administration’s small business preferential programs and has twice served as a trial expert on this topic. Ms. Hewitt is a frequent speaker/panelist on government contracts issues and has appeared on Federal News Radio and at events sponsored by the Public Contracts Section of the ABA, the Professional Services Council, the National Contract Management Association, SECAF, NVSBC, ACT-IAC, NDIA, Women In Public Policy and the Government Technology Services Coalition. She has been a columnist for Washington Technology and Bloomberg’s Federal Contracts Reports as well as the author of a treatise on federal small business contracting programs, editor of the ABA’s The Procurement Lawyer and contributor to the legal publication Inside the Minds.
Close