Guide to Fixed-Price Supply Subcontract Terms and Conditions - 6th Edition - Howard Wolf-Rodda

Guide to Fixed-Price Supply Subcontract Terms and Conditions 6th Edition Howard Wolf-Rodda ISBN 9781639056651

Now fully updated, this essential resource provides a comprehensive roadmap for drafting and negotiating fixed-price supply subcontracts under prime contracts with the United States federal government. The guide addresses the wide range of terms and conditions found in federal prime contracts that may—and in many cases must—be flowed down to subcontractors.

This guide is based on the Federal Acquisition Regulation (FAR) and the Department of Defense FAR Supplement (DFARS) as published through September 30, 2024. It identifies recommended clauses for consideration, not because they are mandatory, but because they help protect the rights and obligations of prime contractors, subcontractors, and, where applicable, the federal government.

As with prior editions, the Sixth Edition includes detailed explanatory notes accompanying each clause, explaining whether flowdown provisions are mandatory or recommended and why. The guide also features “redlined” versions of FAR and DFARS clauses that suggest tailored substitutions to accurately reflect the contractual relationships among prime contractors, subcontractors, and, in certain instances, the government. These redlines enable users to quickly see how proposed flowdown language differs from the original regulatory text and to evaluate whether to adopt the suggested modifications in a particular subcontract.

While the primary focus is on flowdown clauses, the guide also addresses additional provisions of importance to both prime contractors and subcontractors. It includes a dedicated section on “Representations and Certifications,” which are typically required in subcontract solicitations and require subcontractors to make specific representations or certifications as a condition of eligibility for award.

The guide draws on the expertise of a diverse group of contributors, including government attorneys, in-house counsel, private practitioners, accountants, and other professionals, providing a well-rounded and practical perspective on the clauses and issues discussed.

To ensure the guide remains current and useful, periodic updates to this Sixth Edition will be posted on the ABA Public Contract Law Section’s Strategic Alliances, Teaming, and Supply Chain Committee webpage.

Guide to Fixed-Price Supply Subcontract Terms and Conditions 6th Edition Howard Wolf-Rodda ISBN 9781639056651, 978-1639056651 & 978-16390-56651

Authors
Howard Wolf-Rodda
Stacy Hadeka
Keir Xavier Bancroft
Daniel Hart Ramish