Session 4: The Top 10 Subcontract Terms and Conditions

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Description

As identified by the Packard Commission Report in 1986, the second greatest risk factor in the Acquisition Process is the failure of the prime contractor to adequately manage its subcontractors with whom the federal government has no privity (no contractual arrangement). These risks still exist! Terms and conditions (T's & Cs) set forth the rights, obligations and responsibilities of the parties to a contract. Those T’s & C’s must be clear and unambiguous from the outset and enforced throughout the life of the subcontract. This requires a comprehensive proactive approach to the procurement process.

Learning Objectives:
1. To better understand and manage the Triple Constraint (Scope, Schedule, and Cost) in contracting when planning for and structuring your solicitation and contract.
2. To master tools and terms and conditions that mitigate the risk of failure of the government and the prime contractor to properly define the requirements from the outset.
3. To structure key terms and conditions to mitigate risk.

Learning Level: Intermediate

CMBOK Competencies:
2.4 Risk Management; 6.3 Manage Subcontracts

Contributors

Dan Jacobs, The Federal Market Group, Ltd

Daniel M. Jacobs, CPCM, CMS, CScM is cofounder and chairman of the Subcontract Management Institute (ScMI). He is also Chairman/CEO of the Federal Market Group (FMG), Past National President and a Member of the Board of Advisors (BOA) of NCMA, Chairman Emeritus of the Contract Management Institute (CMI), and a Director of the Procurement Round Table (PRT). He is a CPCM, NCMA; certified management consultant, the Institute of Management Consultants (IMS/ISO); and a certified subcontracts manager, ScMI. He is principal author of Building a Contract: Solicitations/Bids and Proposals - A Team Effort (NCMA, 1990). He is also the author of Federal Government Contracting: The System/The Process (FMP, 1989); The Integrated Project/Team (IPT) (FMP, 2000); The Desktop Reference Guide for Contract Management (FMP, 2001); and The Acquisition Work Force Tsunami (CM Magazine, 2018). He is co-author of A Single Platform Imperative (CM Magazine, 2019) and The Art of the Possible: Create an Organization with No Limitations (FMP/Amazon.com, 2010).
Bonnie T. Ross, The Subcontract Management Institute (ScMI)

Bonnie Ross is President of The Subcontract Management Institute. She has over 25 years’ experience in government contracting/subcontracting and lobbying that includes leading and managing major domestic and international support services projects in transportation, energy, biopharmaceutical, defense, and infrastructure. She concurrently leads an FMG capture strategy practice that has won more than $30 billion in government contracts for clients. She is an instructor in government contracting programs for The Federal Market Institute and formerly adjunct faculty for George Mason University in the School of Public Policy Project Management and Government Contract Administration curriculum.

Thank you

Description

Contributors

Dan Jacobs, The Federal Market Group, Ltd

Bonnie T. Ross, The Subcontract Management Institute (ScMI)