The low down on flowdowns: What government subcontractors need to know

It’s a familiar scenario that many subcontractors face on federal government contracts: the prime contractor seeks to flood your subcontract with volumes of FAR clauses and other requirements, assuring you that they are “mandatory flow-downs” that you must accept if you want the work. But do all of those clauses really need to be imposed on you and incorporated into your subcontract? And if not, how can you push back? This session will cover the waterfront on flow-down clauses, illustrating the key differences between the three primary types: mandatory clauses, essential clauses, and optional clauses. We will also explore which clauses should and should not be flowed down when the goods or services being supplied under the subcontract qualify as commercial items or commercially available off the shelf (COTS) items. Finally, we will provide practical advice and effective strategies for subcontractors to employ when negotiating with prime contractors on flow-down clauses.