Federal Subcontracting for Primes and Subs

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

No upcoming dates/locations at this time

Agenda

8:00 AM - 3:00 PM	Las Vegas, NV
8:00 AM - 3:00 PM	Orlando, FL
8:00 AM - 3:00 PM	San Diego Mini-Week
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...

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Bobby Melvin

Former Army Judge Advocate General (JAG) Attorney, General Counsel

Bobby is a former Army Judge Advocate General (JAG) attorney where specialized in federal procurement law and contract litigation. After leaving the military, he served as General Counsel, Chief Operating Officer, and Senior Vice President for several small businesses in Texas and Virginia. He enjoy...

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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...

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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 Cerifi LegalEdge 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

No travel information is available at this time

In-House

Bring Federal Publications Seminars to your location! If you would like to offer this course in-house, please contact us.

Schedule Training

Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 888.865.9082.

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CMBOK Alignments

Leadership

Character

Collaboration

Competence

Emotional Intelligence

Vision

Management

Business Management

Change Management

Financial Management

Project Management

Risk Management

Supply Chain Management

Guiding Principles

Communication and Documentation

Contract Principles

Regulatory Compliance

Situational Assessment

Skills and Roles

Standards of Conduct

Team Dynamics

Pre-Award

Plan Sales

Plan Solicitation

Prepare Offer

Request Offers

Award

Manage Disagreements

Plan Negotiations

Price or Cost Analysis

Select Source

Post-Award

Administer Contract

Close Out Contract

Ensure Quality

Manage Changes

Manage Subcontracts

Learn

Continuous Learning

Individual Competence

Organizational Capability

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.