Susan Ebner, Eric Whytsell Edit ABA's "Guide to Service Subcontract Terms and Conditions"

07.01.2019

Partners Susan Ebner and Eric Whytsell contributed significantly to the American Bar Association Public Contract Law Section's latest publication, the "Guide to Service Subcontract Terms and Conditions," both as editors and writers. This is the second edition of the book, which focuses on service subcontracts under federal prime contracts.

The book was developed with contributions from over 30 section members in private practice, industry and government, and provides a template of standard subcontract terms and conditions, as well as detailed guidance concerning the flow down, modification and proper use of standard federal contract clauses in subcontracts. While the requirements governing the use of contract clauses in prime contracts are well-established in acquisition regulations, effectively using them in subcontracts presents a challenge to both prime contractors and subcontractors.

"This book is a must for practitioners involved in drafting, interpreting or managing service subcontracts," said Susan. "In addition to helping understand subcontracting and complying with standards, this updated version includes a full range of resources critical to negotiating service subcontracts."

Eric added, "The book is intended to help make the lives of government contracts attorneys and laypersons easier by presenting a balanced and thoughtful approach to flow downs based on hundreds of years of collective government contracting experience."

This is the second collaborative effort by Eric and Susan when it comes to books on federal subcontract flow downs. The other is the "Guide to Fixed-Price Supply Subcontract Terms and Conditions," 5th ed., published in 2016. Both Susan and Eric serve on the Section Council of the American Bar Association's Public Contract Law Section, as well as its Publications Committee. In addition, Susan begins her term as chair-elect of the Section in August. Together they chair Stinson's Government Contracts & Investigations division.