Key Considerations When Subcontracting on Federal Contracts
Format: Live webinar (on-demand recording will be available on July 23rd)
Duration: Approx. 90 minutes
Instructor: Maria Panichelli, Obermayer Rebmann Maxwell & Hippel
NCMA Certifications: 1.5 CPEs
APTAC Certifications: 0.75 ATC (pending)
APTAC BOK: C.9 Bids and Solicitations, D.4 Construction Contracting, C.14 Subcontracting – General Principles
*Your registration includes access to the on-demand recording.
A successful subcontracting relationship on a federal project requires the parties to consider not only their own interests but also the interests of the government. This legal balancing act requires attention to detail, strategic problem solving, and an informed understanding of the bigger picture and all its moving pieces.
It also requires each party to understand the needs and fears of the other party. A prime contractor’s greatest fear may be getting caught in the middle, simultaneously litigating against its subcontractor and the government. A subcontractor’s primary concern likely is being left without a remedy for problems that arose during contract performance. A well-structured subcontract addresses and remedies these and other issues.
In this webinar, experienced government contracting attorney Maria Panichelli of Obermayer Rebmann Maxwell & Hippel will explain how to successfully navigate some of the biggest subcontracting issues from both the prime contractor and subcontractor points of view. The webinar will cover flow-down clauses, sub v. prime dispute resolution, and key strategies to minimize risk. Maria will discuss the most common subcontracting mistakes made by subs and primes in federal contracting, and how to avoid them. She will also briefly address pass-through claims and liquidation agreements.
In this webinar, attendees will learn:
- What a “Flow-Down” clause is
- Why flow-down clauses and risk-shifting clauses are critically important
- How to avoid the biggest mistakes commonly made by both primes and subs
- How to minimize risk related to disputes
- The ins and outs of pass-through claims
Target Audience: Firms pursuing federal government contracts
Meet Your Instructor:
MARIA PANICHELLI is a partner and the Chair of the Government Contracting practice group at the law firm of Obermayer Rebmann Maxwell & Hippel LLP. She focuses her practice exclusively on federal government contracting and procurement, guiding her clients throughout the entire lifecycle of their federal contracts. She provides comprehensive legal counseling, which allows her clients to successfully navigate the complicated legal requirements related to federal contracting while still fulfilling their own business goals.
Maria’s practice includes pre- and post-award bid protests, contract interpretation and performance counseling, the preparation and negotiation of Requests for Equitable Adjustment and Contract Disputes Act (CDA) claims, claims appeal litigation before the Boards of Contract Appeals, the Court of Federal Claims and the Federal Circuit, statutory and regulatory compliance counseling, the negotiation of FAR-compliant subcontracts and the resolution of subcontractor disputes (including the negotiation of liquidating agreements, and the use of pass-through claims and Miller Act bond claims), and contract terminations. Maria also counsels clients regarding all aspects of small business procurement. She routinely assists clients with eligibility analyses and certifications, has successfully challenged negative agency findings with regard to clients’ SDVOSB, HUBZone and 8(a) eligibility, and has successfully defeated size and status protests brought by clients’ competitors. Maria has considerable experience drafting teaming and joint venture agreements, as well as helping clients navigate the SBA Mentor-protégé programs. She has represented a wide variety of government prime and subcontractors including construction contractors, information technology and information system contractors, medical staffing contractors, advisory and assistant services contractors, security contractors, dredging contractors, environmental remediation contractors, and suppliers. These clients are located, and work, both across the United States and abroad. Maria has represented her clients before numerous federal agencies, the Government Accountability Office (GAO), the Contract Boards of Appeals as well as the Court of Federal Claims and the United States Court of Appeals for the Federal Circuit, and other state and federal courts.
Contact Info: You can contact Maria Panichelli by email (Maria.Panichelli@obermayer.com) or phone (215-665-3017). You can also follow Maria on Twitter: @MariaPanichelli and on LikedIn: https://www.linkedin.com/in/mariapanichelli/.