Understand the important terms and conditions when drafting contracts for your organization.
Procurement contracts incorporate significant provisions that will govern the relationship between the owner and the contractor. Understanding key contract provisions and negotiating reasonable terms upfront is paramount. In addition, prime contractors must flow down numerous provisions, ensure subcontractor compliance, and mitigate risk through targeted subcontract drafting. Gain an understanding of the unique challenges that owners and prime contractors face to comply with procurement contract requirements and negotiate subcontract terms with private subcontractors. This material will focus on the types of damages provisions found in both federal prime contracts and subcontracts, how to mitigate risk through flow-down provisions and indemnification clauses, and the different negotiation perspectives for prime contractors and subcontractors.
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Why Lorman?
Over 37 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
Background: Prime Contracts and Their Subcontract Counterparts
- Federal Prime Contracts - Many Non-Negotiable Terms
- Discussion of Other Procurement Types
- Subcontracts - Can Incorporate Many Flow-Down Provisions From Federal Prime Contract, but Provide More Opportunity to Negotiate Terms
- Examples of Subcontract Flow-Down Clauses and Common Negotiable Terms
Identifying Risks in Prime Contracts and Subcontracts: Damages
- Liquidated Damages: Prime Contracts and Subcontracts
- Consequential Damages and Other Special Damages
- Mitigating Risk: Flowing Down Damages and Waivers of Certain Types of Damages
Indemnification Clauses
- What It Means to Indemnify and Hold a Party Harmless (and Why It's Critical)
- Defense Obligations in Indemnification Clauses
- Scope of Indemnification
Mitigating Risk: Different Perspectives for Prime Contractors and Subcontractors
- Prime Contractors Flow-Down Risk: Damages and Indemnification Provisions
- Subcontractors: Limiting Indemnification Scope and Implementing Waiver of Certain Damages
Ensuring Subcontractor Compliance: Flow-Down Clauses
- Equal Opportunity and Other Employment Compliance
- Contractor Code of Business Ethics and Conduct
- Contractor Liability for Subcontractor Noncompliance
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Why Lorman?
Over 37 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 Course
This course was last revised on December 7, 2021.
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 37 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
Dana Molinari
Fox Rothschild LLP
- Associate in Fox Rothschild LLP’s Government Contracts Practice Group
- Assisted in the representation of clients on contract dispute matters
- Advise clients on federal and commercial contract matters, including contract negotiation, drafting, and risk mitigation
- Authored publications on Contract Disputes Act Claims and the False Claims Act
- Graduate, with a concentration in government procurement law, George Washington University Law School
- Can be contacted at 202-794-1240 or [email protected]
Nicholas T. Solosky
Fox Rothschild LLP
- Partner in Fox Rothschild LLP’s Government Contracts Practice Group
- Represented clients at all levels of federal litigation, including matters at the Government Accountability Office, Court of Federal Claims, Boards of Contract Appeals, and U.S. Court of Appeals for the Federal Circuit
- Represents contractors in all manner of claims against the federal government, including bid protests and contract claims
- Authored publications on Contract Disputes Act Claims, practical bid protest strategies, and suspension and debarment proceedings
- Represented clients in significant Contract Disputes Act claims at the Civilian Board of Contract Appeals and Armed Services Board of Contract Appeals, as well as U.S. Federal District Courts
- Author and moderator of Fox Rothschild’s Federal Government Contracts and Procurement Blog
- Can be contacted at 202-696-1460 or [email protected]
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Why Lorman?
Over 37 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.
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