Introduction to Government Construction Contracting

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Solid guidance on the entire spectrum -- from start to finish -- of significant problem areas encountered in the U.S. Government construction process and how to effectively manage the practical operating and legal problems.

Contracting with the Federal Government for construction has its own unique and complex rules, standards, problems, and hurdles. It is the purpose of this special program to equip industry and Government representatives with the knowledge necessary to effectively and successfully obtain, manage, and complete Government construction contracts.

The scope of subjects analyzed by the program is set forth in the detailed Course Curriculum. Its coverage includes not only general construction matters as they relate to the Government procurement process, but the specifics of the bidding/procurement process, inspections and warranties, delays and accelerations, differing site conditions, changes in the work, contract terminations, remedies and other special problems related to federal construction projects, and more. Throughout the course, the instructor will focus not only on current laws and regulations, but also trends and developments in the Government Construction Industry.

You will be instructed on these subjects by noted Course Faculty – a practitioner who is a recognized authority on Government construction matters. In addition to his detailed lecture, each attendee will receive a comprehensive Course Manual of original materials prepared exclusively for this program.

Dates and Locations

October 22-23, 2012

L'Enfant Plaza Hotel

Washington, DC

$995.00

Accreditation

CLE Hours

This Program is eligible for:

11.0 (60 minute)

13.2 (50 minute)

CPE Hours

This Program is eligible for:

13.0 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

Related Downloads

Registration Form for fax-in registrations (PDF)

Daily Schedule

9:00 AM - 4:00 PM

Government Construction Contracting Course Curriculum

1. INTRODUCTION TO FEDERAL CONSTRUCTION CONTRACTING

a. Overview of The Statutory and Regulatory Structure Governing Federal Construction

1. Definition of "Construction"

2. Contracting Under FAR Part 36

b. Principal Contract Types

1. Firm Fixed Price Contracts

2. Cost Type Contracts

3. Economic Price Adjustment Contracts & Variations in Estimated Quantities

4. Limitations on Concurrent Performance of Cost Type and Fixed Price Type Contracts

c. Selected Labor Standards

§ Construction Wage Rate Requirements Statute (a.k.a. the Davis-Bacon Act & Related Acts)

§ The Contract Work Hour and Safety Standards Statute

§ The Copeland Act

§ Project Labor Agreements

§ Special Issues and Problems

d. Domestic Sourcing Policies and Considerations

1. Foreign Purchases — Buy American Act for Construction Materials

2. The Trade Agreements Act

e. Subcontract and Material-Provider Issues: The Miller Act

1. Performance and Payment Bonds

2. Other Security in Lieu of Bond

f. Liquidated Damages

2. METHODS OF ACQUIRING CONSTRUCTION

a. Special Construction Contracting Requirements

b. Methods of Procurement

1. Competition v. Sole Source

2. Single Award/Multiple Award Construction Contracts

3. Sealed Bidding

§ Bid Guarantees

§ Responsiveness vs. Responsibility

4. Contracting by Negotiation

§ Discussions vs. Clarifications

§ Evaluating Offerors

§ Best Value Continuum Issues

5. Design-Build Contracting -- Procurement and Performance Issues

3. REMEDIES OF UNSUCCESSFUL OFFERORS

a. Agency-Level Protests

b. Government Accountability Office

c. Court of Federal Claims

d. Small Business Challenges

4. CONTRACT PERFORMANCE AND SPECIFICATIONS

a. Special Contract Provisions for Construction Contracts

b. Contract Specifications and their Use

1. Overview

2. Purposes and Problem Areas

3. Contract Interpretation Rules

4. Minimum Compliance/ Substantial Completion and Deviations

c. Scheduling

1. Guidelines and Considerations for Project Scheduling

2. Overview of the Critical Path Method and its Effect on Scheduling

3. Updating the As-Planned and As-Built Schedules

5. INSPECTIONS, ACCEPTANCE AND WARRANTIES

a. Government Inspection Process

1. Standard Construction Contract Clause

2. Inspection Rights and Obligations of the Parties

3. Commonly Encountered Problems In The Inspection/Acceptance Process

b. Acceptance

1. Mode & Effect of Acceptance

2. Early Occupancy by Government

3. Latent Defects & Revocation of Acceptance

c. Warranties

1. Effect

2. Types

3. Common Problems with Enforcing Warranties

6. CHANGES AND DIFFFERING SITE CONDITIONS

a. Formal Changes

1. The Changes Clause

2. Analysis of the Clause and Types of Changes

b. Constructive Change Orders

1. Definition of Constructive Change

2. Doctrine of Constructive Change in the Changes Clause

3. Significance of Constructive Changes

4. The Need for Authority by Government Personnel

c. Differing Site Conditions

1. The Contract Clause

2. Types of Differing Site Conditions

3. Duty to Investigate Site and Site Availability

4. Ineffectiveness of General Disclaimers

d. Notice Requirements

7. TIME: DELAY, SUSPENSION AND ACCELERATION

a. Contract Clauses

b. Delays & Suspensions

1. Commonly Encountered Delays

2. Concurrent Delays and Cumulative Impacts

3. Measure of Recovery

c. Acceleration

1. Actual

2. Constructive

8. TERMINATIONS

a. Terminations for the Government’s Convenience

1. Government's Right to Terminate

2. Contractor's Rights & Obligations Upon Termination

3. Termination Cost Principles and Monetary Recovery

4. Termination vs. Deletion of Work by Change Order

b. Terminations for Default

1. Grounds for Default

2. Requirement of the Exercise of Discretion

3. Excusable Delays

4. Defenses Against Government Right to Terminate

5. Government's Remedies

6. Sureties’ Obligations and Take Over Agreements

7. Actual vs. Liquidated Damages

8. Contractor Remedies for Wrongful Termination

9. CLAIMS AND DISPUTES

a. Contract Claims

1. The Contract Disputes Act

2. Preparation of the Claim/Procedural Aspects

§ Notice Requirements

§ Burdens of Proof

3. Elements of Recovery

§ Entitlement

§ Quantum

§ Limitations Under Applicable Clauses

4. Determining Dollar Recovery

§ Direct Costs

§ Indirect Costs

§ Unabsorbed Overhead

5. Certification and Related Procedural Matters

b. The Appeals Process and Choice of Forum

Course Faculty

Brian A. Darst is an attorney with the firm of Odin, Feldman & Pittleman in Fairfax, Virginia, and holds the position of Counsel. He specializes in legal matters involving Government construction and service contract law and has extensive experience in the areas of contract formation and administration issues, bid protests, claims preparation and litigation, internal investigations, voluntary disclosures, procurement fraud investigations, various suspension and debarment proceedings, matters related to Small Business Administration, and other issues involving the award and administration of federal and state government contracts. Mr. Darst has represented clients in various matters before the Government Accountability Office, the Postal Service, Armed Services, and General Services Administration Boards of Contract Appeals, the Court of Federal Claims, the Small Business Office of Hearing and Appeals, and various agency-level proceedings. Mr. Darst's practice includes assisting clients with matters related to the sale and acquisition of firms involved in Government contracting, software licensing issues, other corporate governance matters, and civil litigation in Virginia and District of Columbia.

Mr. Darst is admitted to practice in the District of Columbia, Virginia, and West Virginia. He is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Federal Circuit, the United States Court of Federal Claims, the Court of Appeals for the Fourth Circuit, and the United States District Courts for the District of Columbia, the Eastern District of Virginia and the Southern District of West Virginia.

Mr. Darst earned his B.A. from Marshall University and a J.D. from West Virginia University. After graduating from law school, Mr. Darst worked as an attorney with the United States Navy's Office of General Counsel and represented the Navy in matters involving the acquisition and administration of service and supply contracts for the Naval Sea Systems Command.

Accreditation

CLE Hours

This Program is eligible for:

11.0 (60 minute)

13.2 (50 minute)

CPE Hours

This Program is eligible for:

13.0 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live