Federal Subcontract Risk Glossary: Plain-English Terms to Know Before You Sign

Federal subcontract packages combine Government terminology with private contract language. This glossary gives small contractors a practical starting definition and a deeper guide for the terms that drive risk.

This glossary is intentionally practical rather than exhaustive. Terms can have more precise meanings in statutes, regulations, individual clauses, and case law, so always read the actual subcontract and incorporated documents.

Use the linked guides when a term affects price, scope, data, payment, schedule, or the company's ability to pursue a remedy.

Contract Structure

Flowdown

A requirement from the prime contract that is passed into a subcontract when the clause, law, or prime agreement requires or chooses that result.

Incorporation by Reference

Making another document or clause part of the agreement without reproducing all of its text in the body.

Mutatis Mutandis

Applying language with the changes necessary for the new context, often by substituting party references in flowdown clauses.

Order of Precedence

The rule that decides which document controls when two incorporated contract documents conflict.

Scope and Teaming

Workshare

The portion of opportunity or contract work expected or committed to a teaming partner or subcontractor.

Exclusivity

A restriction on pursuing the same opportunity with another partner, often limited by scope, time, or release events.

Similarly Situated Entity

An SBA concept that can affect how qualifying lower-tier work is treated under limitations on subcontracting.

Ostensible Subcontractor

A subcontractor relationship that can create affiliation concerns when the small prime becomes unusually reliant on a subcontractor for the primary and vital requirements or other key factors.

Payment and Claims

Retainage

A portion of an otherwise payable progress amount held until specified performance or completion conditions are met.

Setoff

A contractual deduction of an amount claimed to be owed by the subcontractor against an amount otherwise payable to it.

REA

A request for equitable adjustment seeking a change to price, time, or other terms, commonly arising from changed performance conditions.

Pass-Through Claim

A lower-tier claim against the Government that is presented through the prime because the subcontractor generally lacks direct privity with the agency.

Cyber and Data

FCI

Federal Contract Information: nonpublic information provided by or generated for the Government under a contract, excluding certain public or simple transactional information.

CUI

Controlled Unclassified Information: information requiring safeguarding or dissemination controls under law, regulation, or Government-wide policy.

CMMC

DoD's Cybersecurity Maturity Model Certification framework for assessing required security protections on systems used for covered contract performance.

Government Purpose Rights

A DoD technical-data rights category that permits defined Government-purpose use for a specified period before rights may expand under the applicable clause.

Termination and Performance

Cure Notice

Formal notice identifying a performance failure and, where the governing agreement provides it, an opportunity to correct the problem before default termination.

Stop-Work Order

Direction to pause covered performance, triggering mitigation, restart, schedule, and potential cost questions.

Constructive Change

A material change in performance caused by qualifying direction or conduct even though the parties did not first execute a formal change order.

Constructive Acceleration

Added effort to preserve an unchanged deadline after asserted excusable or owner-caused delay when adequate schedule relief is not granted.