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

Avoid traps that lurk in subcontracts and learn about the major changes coming in 2016.

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. Review 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.

Runtime: 86 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

When Is a Form Not a Form? Tips for Negotiating the Form

  • When to Negotiate the Form
  • Who Has Leverage

Top Issues in Subcontracting

  • Major Changes in 2016
  • Commercial Item Subcontracting
  • Representations and Certifications
    • Compliance Risk
    • Code of Business Ethics and Conduct
    • Procurement Integrity Act
    • TINA
    • Other Issues
  • Acceptance Criteria, Invoicing and Payments (Including Paid-When-Paid Clauses)
  • Changes, Disputes, Defaults and Remedies
  • Intellectual Property Rights
  • Employee Restrictions
  • Warranties
  • Regulation Clause Flow Downs
  • Restrictions on Subcontracting and Assignments
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on February 23, 2016.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Susan J. Borschel

Susan J. Borschel

Morrison & Foerster LLP

  • Attorney in the Northern Virginia office of Morrison & Foerster LLP
  • Practice emphasized all aspects of government contracts, including implementation of compliance programs
  • 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
  • Can be contacted at 703-760-7749 or [email protected]
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Product ID: 397520
Published 2016
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