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Course Details

Key Subcontracting Issues Including Flow-Down and Paid-if-Paid Provisions

Webinar: ID# 1015027
Recorded CD
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About This Course:
The saying goes that two heads are better than one, and this is especially the case when pursuing government contract opportunities. It is a prime contract that has a contractor performing without any partners. Even large defense contractors with an extensive library of forms, however, can fall victim to certain traps that can lurk in the subcontract.

Failure to comply with legal requirements, provide true and correct certifications, or negotiate adequate protection of one's interests can not only impact company bottom lines, but also subject one to liability under the civil False Claims Act, potential civil and criminal liability under federal fraud statutes, and potential administrative sanctions, such as suspension or debarment.

This live webinar will cover some of the more important issues in a subcontract and provide valuable checklists and references for small business concerns, protecting intellectual property rights, and preserving ones status as a commercial item provider.

Agenda

Overview
    When Is a Form Not a Form? Tips for Negotiating the "Form"
    • To Start Negotiating the Form of Subcontract
    • Leverage
    Top Issues in Standard Subcontract Forms
    • Commercial Item Subcontracting
    • Acceptance Criteria, Invoicing and Payments (Including Paid If Paid Clause)
    • Changes, Disputes, Defaults and Remedies
    • Representations and Certifications
    • Code of Business Ethics and Conduct
    • Intellectual Property Rights
    • Employee Restrictions
    • Warranties
    • Indemnification and Liability Limits
    • Regulation Clause Flow Downs
    • Restrictions on Subcontracting and Assignments
    About The Presenters

    FSusan J. Borschel
    • Attorney in the Northern Virginia office of Morrison & Foerster LLP
    • Practice emphasizes all aspects of government contracts
    • Extensive military and defense contractor experience
    • Co-writer and speaker on a variety of topics related to her areas of expertise
    • Member of the Professional Services Council; the American Bar Association – Section of Public Law (Strategic Alliances, Teaming and Subcontracting Committee and Bid Protest Committee)
    • J.D. degree, George Mason University School of Law; M.P.A. degree with emphasis on economics and international relations, Cornell; M.B.A. degree, California State University, Fullerton; B.A. degree in French and psychology, University of California, Davis
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    Key Subcontracting Issues Including Flow-Down and Paid-if-Paid Provisions
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