FIND BY MONTH
FIND BY LOCATION
IN-HOUSE TRAINING
Bring any seminar or course directly to your staff through the Federal Publications’ In-House Presentations Program.
Get 10% Off Your Next Purchase
SIGN UP FOR OUR EMAILS
Email Address * Name
Title Organization
Privacy Policy

THANK YOU FOR SIGNING UP

You'll soon be receiving updates about special offers, events, books & more.
Continue to browse our site to:
 
Public
In-House

“All phases . . . and a little bit beyond.”

Who can quarrel with the concept of “truth in negotiation”? The principle that, in negotiating prices for contracts and changes, contractors should inform the Government of the data upon which their quotations are based — that they should not, in other words, mislead the Government or play games with the taxpayers’ dollars — is certainly commendable. Few would say that this is not a proper object for the Government to pursue or a reasonable standard to which contractors should adhere. But saying it is easier than doing it. And there’s the problem . . . and there’s the reason for this course.
 
The subject is not a new one. It’s been with us since 1962, when Public Law 87-653 was enacted. Because of its significance, it has been covered — from its inception — in other general procurement courses. But its presentation often led to frustration spawned by the many questions to which there were no definite answers. With the passage of years, however, have come a host of developments, a more complete definition of the defective pricing requirements, and — most importantly — an accumulation of experience in cost and pricing data problems.
 
Therefore, we can devote two full days to intense instruction on the subject. We can help you deal with those practical operating problems that sometimes are at odds with the principles of truth in negotiation. We can detail the full range of possible penalties that you may face should your prices be defective — and catalog the battery of defenses available to charges of defective pricing. Now, we can analyze some questions that are still unanswered — but analyze them in a more predictable way, based upon a respectable body of precedents. Now, in short, we can offer you our special course: Defective Pricing.
 
As developed by Federal Publications, the course is intended to serve all those, in both Government and industry, who have any connection with pricing matters. It takes you through all phases of the subject . . . and a little bit beyond, into areas of innovative theory and practice. For 11 classroom hours, you will be instructed — by a Course Faculty of distinction — in rules, interpretations, techniques, practical application...and probabilities. They will be 11 hours of work. But — as attested to by those who attended previous sessions — they will be 11 hours of reward.
Dates and Locations
September 10-11, 2018
American Management Association
Arlington, VA
$1275
REGISTER
AGENDA

DAY 1

8:00 – 9:00 AM
Registration 

9:00 – 12:00
(ONE 15 MINUTE BREAK)
1. A Panorama 
a. Background and History 
b. The Contractual Setting
c. Rationale 
2. Capsule of The Rules 
a. Truth in Negotiations Act 
b. False Claims Act 
c. Miscellaneous Fraud Statutes 
d. “Inspection” Clause Remedies 
e. Relationships and Overlaps 

TRUTH IN NEGOTIATIONS 
3. Requirements of Public Law 87-653 
a. Applicability 
b. Certified Cost or Pricing Data 
c. “Price Reduction” Clause 
d. Exemptions and Exceptions 
e. Government Audit Rights

12:00 – 1:00 PM

(LUNCH BREAK)

1:00 –4:00 PM
(ONE 15 MINUTE 
BREAK)
4. Exemptions & Exceptions 
a. Adequate Price Competition 
b. Established Catalog or Market Price 
c. Federal Acquisition Streamlining Act Commercial Item Exemption 
d. Prices Set By Law or Regulation 
e. Secretarial Waiver 
f. The Dollar Floor 
g. Proving Exemptions 
h. Mandatory Vs. Discretionary Exemptions 
i. Partial Application of Exemptions 
j. Exemptions Improperly Granted 
k. Appealing Exemption Denials 
l. Non-Exempt Contract Terminations 
m. Cumulation of Changes

DAY 2
8:00 -9:00 AM
Registration 

9:00 AM – 12:00 
(ONE 15 MINUTE 
BREAK)

5. Contractor Submission of Data 
a.     Defining “Cost or Pricing Data” 
b. Data Submission Requirements 
c. Refusal To Submit Data 
d. Type of Certification 
e. Absence of Certification
 
6. Government Disclosure of Cost-Facts 
a. Extent of Government Duty 
b. Possible Contractor Recourse 

12:00 – 1:00 PM

Lunch Break

1:00 – 4:00 PM
(ONE 15 MINUTE
 BREAK)
7. Government Audit Rights
a. The Contracting officer 
b. Defense Contract Audit Agency 
c. General Accounting office 
d. Proposed Regulation Changes 
8. Subcontractor Data
 a. Prime’s Submission of Subcontractor's Data 
b. Prime’s Liability for Subcontractor's Data 
c. Prime’s Audit of Subcontractor's Books 
d. Subcontractor's Liability To Prime and Government 
e. Mandatory Subcontract Clauses 
f. Suggested Subcontract Clauses 
9. Contractor’s Liability 
a. Basis For Government Recovery 
b. Calculation of Government Recovery 
c. Government Reliance On Defective Data 
d. Defective Data’s Effect On Price 
e. Setoffs 
f. Treatment of Contractor’s Legal Fees
g. Value Engineering vs. Defective Pricing

David Z. Bodenhiemer is a Partner in the Washington, DC office of Crowell & Moring LLP where he specializes in Government Contracts and False Claims Act suits. He graduated with highest honors from the University of North Carolina at Chapel Hill (UNC) and received his law degree and MBA from UNC.

Mr. Bodenheimer advises clients on defective pricing and False Claims Act matters and has substantial litigation experience with both, including the largest defective pricing claim litigated in the history of the Truth in Negotiations Act. He has often lectured on Government Contracts topics, including Federal Publications Inc. and American Bar Association seminars.

His publications include many focused upon defective pricing, cost, and False Claims Act issues:  Government’s Defective Pricing Claim in the Great Engine War Flames Out at the Federal Circuit, 48 THE GOVERNMENT CONTRACTOR 338 (Oct. 2006)  “False” or “Inaccurate” Estimates, BRIEFING PAPERS (Dec. 2005) The Strange Notion of Estimates as Fraud: Will Weather Predictions Be Next Under the False Claims Act?, 40 THE PROCUREMENT LAWYER 1 (Summer 2005)  Putting Teeth into the False Claims Act’s Pre-Complaint Disclosure Requirements for Relators, 37 THE PROCUREMENT LAWYER 4 (Summer 2002) Profits in Government Contracting: The Continuing Tug of War, GOVERNMENT CONTRACT AUDIT REPORT 12-16 (Nov. 2001) Damages Under the False Claims Act: Is the Sky the Limit? GOVERNMENT CONTRACT AUDIT REPORT 16-20 (Sept. 2000) The New Battleground: Defective Pricing Invades Competitive Procurements, GOVERNMENT CONTRACT AUDIT REPORT 16-20 (Dec. 1999/Jan. 2000)

 Mr. Bodenheimer is a member of the Bars of North Carolina and the District of Columbia. He is admitted to practice before the United States Court of Appeals for the Federal Circuit, the Court of Federal Claims, and a number of federal district courts. He is a member of the American and District of Columbia Bar Associations. Prior to coming to Crowell & Moring LLP, Mr. Bodenheimer worked for the Navy’s Office of General Counsel where he served in a number of positions, including Assistant to the General Counsel. Copyright 2008 West Legalworks, a

 

MEET YOUR CONTINUING EDUCATION CREDIT REQUIREMENTS
SEE INDIVIDUAL COURSES FOR AVAILABLE CREDITS
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
NCMA: CONTRACT MANAGER CERTIFICATION
All Federal Publications Seminars courses meet the course requirements of the National Contract Management Association’s certification programs. We are a proud Education Partner of the NCMA.
CPE: CONTINUING PROFESSIONAL EDUCATION
Federal Publications Seminars is part of West Professional Development, which is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
CPE HOURS
This Program is eligible for: 13.0 (CPE) hours of credit
Program Level: Intermediate
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
CLP: CONTINUOUS LEARNING POINTS
APPROVED FOR CLP BY
DEFENSE ACQUISITION UNIVERSITY
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP HOURS
This Program is eligible for: 11.0 (CLP) hours of credit
CLE: CONTINUING LEGAL EDUCATION
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
** Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE HOURS
This Program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)
American Management Association
2345 Crystal Drive, Second Floor
Arlington, VA 22202
5714812208
TRAVEL INFORMATION

 

There is not a room block for this location, however the AMA offers special hotel rates.  Please visit http://www.amaconferencecenter.org/washington-hotels.htm

METRO RAIL LINE:
Yellow & Blue Line – METRO Stop – Crystal City
From the METRO - AMA is 2 blocks east and 4 blocks south on Crystal Drive
http://www.amaconferencecenter.org/washington-directions-maps.htm 

Food and Beverage

Coffee, tea and water will be served throughout the day with an afternoon cookie break.  Breakfast and lunch are on your own. 
100
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
Register Now for:
Defective Pricing
close window
Register Online
Date Location
September 10-11, 2018 Arlington, VA
REGISTER
By Phone
Call (888) 494-3696