Title: Formation, Performance, and Disputes - So I Should Have Read The Contract Before Signing It? (Session 4 of Subcontracting for Primes and Subs Series 2025) Once a U.S. Government contract is awarded and the prime contractor has identified subcontractors who can support the prime contractor's requirements, the fun begins. Now the prime must work to satisfy its government customer while managing its subcontractors to ensure their efforts support the prime contractor's efforts to satisfy its customer. Meanwhile, subcontractors must find a way to perform in such manner as to satisfy their customer(s), make a profit, and operate a successful business. This leads to challenges relating to Inspection, Acceptance and Warranty; Subcontract Payments; Changes; Disputes; Terminations; and more. This session will explore important performance issues and address some of the significant considerations and concerns of all three contracting parties (i.e., U.S. Government, prime contractor, and subcontractor). Learning Objectives: This session will assist participants in anticipating contract performance issues and risks, mitigating those risks, and achieving successful performance.

In this session, we will introduce students to guidance issued by Federal Agencies following Executive Order 14110 and considerations Federal Agencies are to consider when developing, procuring, and deploying Artificial Intelligence. We will examine cybersecurity and privacy considerations that permeate the procurement of Artificial Intelligence and areas of negotiation when procuring Artificial Intelligence. This session will also note potential further developments in the Federal Government's pursuit of Artificial Intelligence in following years. Learning Objectives: By the end of this session, students will be able to:  Identify the unique issues resident in procuring Artificial Intelligence  Areas of negotiation the Federal Government should consider when purchasing Artificial Intelligence  Cybersecurity and privacy issues that are areas of particular concern for Federal Agencies

Title: Pricing, Sourcing, Socio-Economic Issues, and Workshare - Can't We Just Be Friends? (Session 3 of Subcontracting for Primes and Subs Series 2025) In federal government contracting, government customers are required to purchase their requirements at a "fair and reasonable price". This requirement imposes obligations on U.S. Government prime contractors to seek and obtain products, services, research and development, and other deliverables from subcontractors at "reasonable" prices while simultaneously complying with numerous legally and regulatorily mandated socio-economic objectives, such as by subcontracting with small businesses, women-owned businesses, veteran owned businesses, HUB-zone businesses, etc.; by paying federally mandated wage rates; by purchasing products satisfying "Buy American" and "specialty metals" requirements; and more. These requirements increase costs, complicate performance, and increase immensely the difficulty of dealing with U.S. Government customers and their associated prime contractors. This session will explore unique requirements associated with selling to the U.S. Government and purchasing from associated prime and subcontractors. Learning Objectives: This session will identify and explore challenges associated with the solicitation and award of U.S. Government prime contracts and their associated subcontracts.

In this session, we will introduce students to what Artificial Intelligence is understood to mean and how it has been defined in the Federal Government. We will examine the history of Artificial Intelligence and guidance the Federal Government has issued for its adoption, leading up to Executive Order 14110, Safe Secure and Trustworthy Development and Use of Artificial Intelligence. Learning Objectives: By the end of this session, students will be able to:  Have a roadmap on the Government's priorities in its pursuit of Artificial Intelligence  Identify policy and legal considerations raised by the Federal Government in the adoption, development, and deployment of Artificial Intelligence that will impact Government Contracting for Artificial Intelligence

In federal procurements, the solicitation is the rule book. Before you submit your bid or proposal, however, you have a limited opportunity to shape the rules to increase your likelihood of receiving award. Through pre-proposal questions and other communications, you can improve the solicitation to enhance your chances of receiving award. If the solicitation precludes you from providing your most competitive proposal, you can also consider a pre-award protest at the agency, GAO, or Court of Federal Claims. This webinar will address what communications are permitted before the bid or proposal due date and how to effectively use this opportunity and potential protest options at the agency, GAO, or Court of Federal Claims. Based on extensive practical experience and recent caselaw, this webinar will provide guidance to help contractors successfully navigate the pre-proposal process. Learning Objectives: By the end of this webinar, attendees will be able to recognize unique features of the federal government pre-award process, including the scope of allowed communications, addressing potential past performance issues, organizational conflicts of interest, and other requirements in advance of proposal submission, and, the process for pre- award protests. The webinar will include discussion of lessons learned from years of experience representing clients in these areas.

Title: RFI's, Quotes, Solicitations, Bids, Proposals, and More - Why Are These Contracts So Complicated? (Session 2 of Subcontracting for Primes and Subs Series 2025) Session II will address considerations by prime contractors and their subcontractors when negotiating commercial subcontracts relating to U.S. Government prime contracts. Topics will include strategic planning, teaming agreements, competition, long-term agreements, costs, quality, schedule, record-keeping, and other matters of importance. It will also address possible government involvement and communications with subcontractors, prime contractor engagement with and management of its subs, and subcontract management responsibilities. Learning Objectives: This session will assist in identifying relevant contract/subcontract award issues and in negotiating appropriate terms and conditions in MOU's, teaming agreements, and commercial contracts awarded in support of U.S. Government prime contracts.

Title: Government/Prime/Sub Relationships - Why Can't We Just Flow-Down Everything? (Session 1 of Subcontracting for Primes and Subs Series 2025) Session I will discuss important considerations relating to the relationships between U.S. Government customers, prime contractors, and their associated subcontractors. Topics will include "privity of contract", government versus commercial contracting, U.S. versus commercial law, and bilateral versus unilateral contracts. We'll also explore important definitions, including "acquisition", "contract", "subcontract", "subcontractor", "inter-company transfers", "commercial products/services", and more. Learning Objectives: This session will identify foundational considerations for the successful formation and performance of U.S. Government prime contract and their associated subcontracts.

Once documented, now it's time for customer inspection. Learn the fundamental audit and administration expectations when supporting adequacy and compliance audits. Disclosure Statements are subject to two types of audits: Adequacy and compliance. The adequacy audit is a barrier to entry audit, meaning the lack of a "clean" opinion can impede a CAS contract award. Additionally, the compliance audits include audit programs identified to each of the 19 standards. In this session, participants will become familiar with the common audits supporting CASB Disclosure Statement compliance and identify conventional risks and readiness strategies to help mitigate audit risks.

Completing the benchmark which we call the Disclosure Statement involves a multidisciplinary team comprised of functional areas that may include Accounting/Finance, Human Resources, Treasury, Program, and Pricing members. In this session, we walk through the Disclosure Statement -- Specifically, the cover sheet, eight parts of the Disclosure Statement, and the continuation sheet. We'll describe the resources supporting each section and the requirements.

A contractor's Disclosure Statement is its benchmark for conducting business with Uncle Sam. We'll kick off this web series with an overview of the CASB Disclosure Statement. Specifically, we'll discuss the applicability and trigger requirements for CAS and the Disclosure Statement. Next, we'll discuss the Disclosure Statement and define the cost accounting practices described within it. The first session will preview the web series and establish the foundation for the following 3 sessions, where we delve into greater detail and provide perspective on some of the most often raised compliance challenges.