Clear Law Institute: Incorporating FAR Subcontractor Flow-down Terms in Government Contracts: Guidance for Primes and Subs

Protorae Law’s Government Contracts partner, Devon Hewitt will present at the upcoming Clear Law Institute webinar on Wednesday, May 15th to discuss “Incorporating FAR Subcontractor Flow-down Terms in Government Contracts”.

In this webinar, you will learn practical guidance for prime and subcontractors about including FAR clauses that are in prime contracts within a subcontract. Some of these clauses, often called FAR “flow-down” clauses, are mandatory and others may be “flowed-down” at the prime contractor’s discretion.

You will learn:

• The characteristics of a mandatory FAR “flow-down” clause
• The impacts of including or omitting certain prime FAR prime contract clauses from a subcontract
• Best practices on primes and subs in the government contracts industry regarding FAR “flow-down” clauses

Upon course completion, you will be able to:

• Identify a mandatory FAR “flow-down” clause in a prime contract
• Determine which prime contractual relationships constitute a “subcontract”
• Differentiate clauses that a prime might consider “flowing down” that are not mandatory to include in subcontracts
• Determine how to “flow-down” a FAR contract clause to a subcontractor
• Anticipate risks associated with “flowing down” certain FAR prime contract clauses and plan how to best address them in a subcontract