When a contract is issued for goods or services under a government prime contract, it becomes a subcontract.
As a subcontract, the transaction becomes subject to additional requirements imposed on the prime contract by Federal Law as provided by the Federal Acquisition Regulations and Agency Supplements.
These additional requirements cover all aspects of the contractual relationship including the decision to buy, selection of the supplier, pricing the contract, terms of the contract, quality, payments and even completion and closeout.
How you approach subcontracting (prime or sub) and how you resolve issues that arise during performance depends not only on what you are (a seller or a buyer; industry representative or Government official; contract administrator or lawyer), but also on what you know and how well you understand the unique demands of the subcontract process. With knowledge, you can guide the process with minimum problems.
The focus of this program is on the effective management and administration of subcontracts and complex purchase orders. The benefits of attendance will extend across the full life phase of the subcontract: from the presolicitation phase to final payment. Topics covered will provide guidance on development and management including:
1. ORGANIZATION FOR EFFECTIVE SUBCONTRACTS MANAGEMENT a. The Acquisition Team b. Roles and Responsibilities c. Subcontract or Purchase Orders? d. Matrix Management
2. SUBCONTRACT MANAGEMENT SYSTEM a. Development of the Requirement b. Contract or Proposal c. Authorization for Purchase d. Formal Source Selection/Bid e. Validity of Proposals
3. THE STATEMENT OF WORK a. Development b. Content c. Clarity d. Offerors e. Deliverables 4. SUBCONTRACT INFORMATION a. Requirements for Valid Contracts b. Government Approval c. What Constitutes Agreement d. Privity
5. APPLICABLE LAWS AND REGULATIONS a. State Law as Applicable b. Federal Laws and Regulations c. Federal Acquisition Regulation d. Federal Agency Supplements e. Uniform Commercial Code 6. UNIFORM COMMERCIAL CODE a. Applicability to Subcontract b. Gap Filler c. Battle of the Forms d. Informality e. Offers f. Acceptance
7. SUBCONTRACTS FLOWDOWNS a. Requirements b. Type of Prime Contracts c. Type of Subcontracts d. Mandatory v. Optional v. Desired e. Reference or Full Text f. Custom or Modified g. Representations and Certifications
8. HIERARCHY OF TERMS AND CONDITIONS a. General Terms and Conditions b. Prime Contract Flowdowns c. Special Contract Terms d. Special Program Terms e. Special Company Terms
9. CONSIDERATIONS FOR FLOWING DOWN PRIME CLAUSES a. Type of Prime Contract b. Type of Subcontract c. Method of Contract/Subcontract Award d. Subject Matter of Subcontract e. Dollar Value of Subcontract 10. SPECIAL TOPICS/ISSUES a. Socioeconomic Programs b. Cost or Pricing Data c. Commercial Item Purchases d. Quality/Inspection/Acceptance e. Changes/Claims f. Data Rights g. Termination/Breach h. Teaming Agreements i. Options
