2011 FEDCON Summit

1. 2011 FEDCON AND INFRASTRUCTURE
SUMMIT – WILMINGTON, NC
October 20, 2011
Steven L. Reed / Smith, Currie & Hancock LLP
Atlanta & Washington, DC
404-582-8054
slreed@smithcurrie.com

2. TEAMING AGREEMENTS
 FAR 9.6 – Teaming Arrangements
 Not a Joint Venture
 Disclose, Disclose, Disclose

3. TEAMING AGREEMENTS
 Prime – Sub/Small-Large Agreement
 Specific Acquisition or Program
 Avoid Appearance of Affiliation

4. AFFILIATION
 Totality of Circumstances
 Filling the Glass
 Control
 Ostensible Subcontractor

5. PROTESTS
 Very Short Time Limits
 Need Specific Objective Concerns
 Intervene
 Defend with Specificity

6. PROTESTS
 Acquisition Protests
 Small Business Protests
 Size
 Status

7. REA/CLAIMS
 Liability – Compensable Event
 Causation
 Extra Costs or Time – Damages
 AUTHORITY

8. REA
 No Interest
 Contract Administration Costs Allowable
 DFARS Certification
 Not a CO Final Decision

9. CLAIMS
 Interest
 No Contract Administration Costs
 CDA/FAR Certification
 CO Final Decision

10. CLAIMS
 Appeal to Board of Contract Appeals
 Initiate Action in Court of Federal Claims
 Litigation – Expensive/Time Consuming
 Mediation