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2011 FEDCON AND INFRASTRUCTURESUMMIT – WILMINGTON, NC              October 20, 2011  Steven L. Reed / Smith, Currie & Hanc...
TEAMING AGREEMENTS   FAR 9.6 – Teaming Arrangements   Not a Joint Venture   Disclose, Disclose, Disclose
TEAMING AGREEMENTS   Prime – Sub/Small-Large Agreement   Specific Acquisition or Program   Avoid Appearance of Affiliat...
AFFILIATION   Totality of Circumstances   Filling the Glass   Control   Ostensible Subcontractor
PROTESTS   Very Short Time Limits   Need Specific Objective Concerns   Intervene   Defend with Specificity
PROTESTS   Acquisition Protests   Small Business Protests     Size     Status
REA/CLAIMS   Liability – Compensable Event   Causation   Extra Costs or Time – Damages AUTHORITY
REA   No Interest   Contract Administration Costs Allowable   DFARS Certification   Not a CO Final Decision
CLAIMS   Interest   No Contract Administration Costs   CDA/FAR Certification   CO Final Decision
CLAIMS   Appeal to Board of Contract Appeals   Initiate Action in Court of Federal Claims   Litigation – Expensive/Time...
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Legal Issues Panel

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2011 FEDCON Summit

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Transcript of "Legal Issues Panel"

  1. 1. 2011 FEDCON AND INFRASTRUCTURESUMMIT – WILMINGTON, NC October 20, 2011 Steven L. Reed / Smith, Currie & Hancock LLP Atlanta & Washington, DC 404-582-8054 slreed@smithcurrie.com
  2. 2. TEAMING AGREEMENTS FAR 9.6 – Teaming Arrangements Not a Joint Venture Disclose, Disclose, Disclose
  3. 3. TEAMING AGREEMENTS Prime – Sub/Small-Large Agreement Specific Acquisition or Program Avoid Appearance of Affiliation
  4. 4. AFFILIATION Totality of Circumstances Filling the Glass Control Ostensible Subcontractor
  5. 5. PROTESTS Very Short Time Limits Need Specific Objective Concerns Intervene Defend with Specificity
  6. 6. PROTESTS Acquisition Protests Small Business Protests  Size  Status
  7. 7. REA/CLAIMS Liability – Compensable Event Causation Extra Costs or Time – Damages AUTHORITY
  8. 8. REA No Interest Contract Administration Costs Allowable DFARS Certification Not a CO Final Decision
  9. 9. CLAIMS Interest No Contract Administration Costs CDA/FAR Certification CO Final Decision
  10. 10. CLAIMS Appeal to Board of Contract Appeals Initiate Action in Court of Federal Claims Litigation – Expensive/Time Consuming Mediation
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