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Overview
Relationships, Flowdowns and Negotiations

Awarding, accepting, managing and performing subcontracts arising under a U.S. Government Prime Contract requires the Prime Contractor and higher level subcontractors to accept and flow down to their subcontractors and suppliers a unique set of contractual and regulatory obligations and requirements.

This class will help you identify differences between commercial and Government subcontracting, management and performance from a legal, contracting, pricing and performance management perspective.

Attendees will understand the rights and obligations relating to subcontract performance and management that result from government contract terms and conditions and the Federal Acquisition Regulations, and will develop the skills necessary to use and maintain these rights during subcontract performance and management, beginning with  the development of  technical, quality  and delivery requirements through a clear and mutually agreeable statement of work.

During the course we'll review proposal generation, cost and pricing requirements, negotiation of appropriate terms and conditions, performance schedule, pricing, and payment schedules leading up to the award of a subcontract.  

After the award of a subcontract, the rights of the buyer to oversee and manage the performance of the subcontractor, and the rights and obligations of the subcontractor, will also be discussed. In addition, the course will address the rights and obligations of both parties under a termination for convenience or default.

Learning Objectives
After completing this course, you will be able to:
  • Recognize similarities, differences and relationships between a government contract and a commercial contract
  • Determine flowdown clauses to subcontractors
  • Develop subcontract terms and conditions
  • Create a basic teaming agreement
  • Develop an understanding of the solicitation process
  • Analyze contract pricing and subcontract pricing
  • Incorporate inspection, acceptance and warranty language into contracts
  • Broker disputes 
Dates/Locations
September 16-17, 2021
The Flamingo Hotel
Las Vegas, NV
Travel Info
Standard: $1,375.00
Enhanced: $1,770.00
Register
Agenda
8:00 AM - 3:00 PM
Flamingo Hotel, Las Vegas, NV
9:00 AM - 4:00 PM
All Other Locations
Introduction and Overview: Federal Government Contracts and Commercial Subcontracts
  • Introduction to Federal Government Contracting and Subcontracting
  • Similarities, Differences, and Relationships between Government Contracts and Commercial Subcontracts
  • Laws, Rules, and Regulations Governing Government Contracts and Subcontracts
  • Flowdown Requirements, Solicitation Provisions, and Contract Clauses
  • Federal Acquisition Regulation vs. the Uniform Commercial Code
  • Subcontract Terms and Conditions
  • Contract Interpretation
Solicitation and Award of Government Contracts and Commercial Subcontracts
  • Teaming Arrangements and Nondisclosure Agreements
  • Authority to Contract
  • Synopsis, Solicitation, and Award of Government Contracts
  • Solicitation and Award of Subcontracts
  • Quotes, Bids, and Proposals
  • Developing, Communicating, and Interpreting Requirements
  • Contract and Subcontract Pricing
  • Instructions to Offerors
  • Source Selection
  • Contract and Subcontract Types
DAY 2
SPECIALIZED TOPICS RELATING TO GOVERNMENT CONTRACTS AND SUBCONTRACTS
  • Financing Arrangements
  • Socioeconomic Programs Impacting Subcontracts
  • Subcontract Management
  • Document Marking and Record Retention
  • Commercial Item Contracting
  • Contract and Subcontract Pricing and Disclosure Issues
PERFORMANCE AND ADMINISTRATION OF GOVERNMENT CONTRACTS AND SUBCONTRACTS
  • Inspection, Acceptance, and Warranty
  • Subcontract Payment
  • Contract and Subcontract Changes
  • Contract and Subcontract Disputes
  • Pricing of Contract Adjustments
  • Ethics, Procurement Fraud, and Suspension/Debarment
  • Terminations for Convenience
  • Terminations for Default
Experts
  • Michael Killham
    Experienced Corporate Counsel
    Michael A. Killham is a California attorney specializing in U.S. Government procurement and subcontracting support. He provides legal advice, training, and assistance concerning all aspects of federal and commercial contracting and fiscal law, including but not limited to subjects relating to Contra...
  • Steven Tomanelli
    J.D., LL.M.
    Steven N. Tomanelli is the owner of Steven N. Tomanelli & Associates and is an attorney specializing in government contract law in the Washington DC area. Steven N. Tomanelli & Associates provide legal services, training and consulting services in all aspects of government contracting and fe...
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 13 (CPE) hours of credit
Program Level: n/a
Program Prerequisite: n/a
Advance Preparation: n/a
Method: n/a
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 11 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 11 (60 minutes), (50 minutes)
Travel
The Flamingo Hotel
3555 Las Vegas Blvd S
Las Vegas, NV, 89109
7027333111
Hotel & Room Block Info

We have a room block secured at the Flamingo Hotel for Las Vegas Week.  Visit https://book.passkey.com/go/SFFPS1 to reserve your room. Group rate is $94 + taxes + daily resort fee of $35/room/night. You must make your reservation by Friday, August 10, 2021. Rooms are subject to availability.

General Information

Food & Beverage
Continental breakfast, lunch and afternoon coffee will be served.

Level
  • 100
    Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
  • 200
    Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
  • 300
    Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
  • 400
    Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
  • 500
    Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.