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An important difference between contracting with the Government and private contracting is the Federal Government's widespread use of cost-reimbursement contracting vehicles. Cost-reimbursement contracts allow the parties to undertake projects that involve a substantial amount of technical and financial uncertainty and accord them greater flexibility during performance of the work than is possible under a fixed-price type contract.

At the same time, the Government has established elaborate procedures for awarding and administering cost-reimbursement contracts, including detailed cost principles relating to the allowability and allocability of performance costs. Anyone involved in the award or administration of a cost-reimbursement contract must keep up with these requirements. Failure to comply with these rules and procedures, which are constantly changing, can be costly and result in problems for both private industry and the Government.

No matter how keen your senses of awareness, or how advanced your level of knowledge of cost-reimbursement contracting, this is a subject about which you can never know enough. This course is designed for both those new to cost-reimbursement contracting, as well as experienced contracting professionals.

To assure understanding, maximum provision has been made for questioning by the audience. Toward that end the course faculty will (a) deliver information-packed lectures and (b) answer your questions-concentrating on particular aspects of the subjects which are of interest to you. Our purpose: To make certain that you learn the rules and procedures and know what must be done to comply with them in the award and administration of cost-reimbursement contracts.

Dates and Locations
October 6-8, 2010
L'Enfant Plaza Hotel
Washington, DC
Nov 30, 2010 - Dec 02, 2010
L'Enfant Plaza Hotel
Washington, DC
Accreditation
This Program is eligible for:
16.5 (60 minute)
19.8 (50 minute)
This Program is eligible for:
19.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
Registration Fee
$995.00
Related Downloads
Registration Form for fax-in registrations (PDF)
Daily Schedule
9:00 AM - 4:00 PM

Cost-Reimbursement Contracting with the Federal Government Course Curriculum

  1. PURPOSE AND NATURE OF COST-REIMBURSEMENT CONTRACTING
    1. Allocation of Risk
    2. Choosing between fixed-price and cost-reimbursement contracts
    3. Statutory guidance/restrictions
    4. The role of the parties in cost-reimbursement contracting
  2. TYPES OF COST-REIMBURSEMENT CONTRACTS
    1. Completion vs. term form
    2. Variable quantity arrangements
    3. Cost-Plus-Fixed Fee contracts
    4. Cost-Plus-Incentive Fee contracts
    5. Cost-Plus-Award Fee contracts
    6. Combined CPAF/CPIF contracts
    7. Cost-No-Fee contracts
    8. Cost-Sharing contracts
    9. Indefinite-Delivery contracts
  3. PLANNING COST-REIMBURSEMENT ACQUISITIONS
    1. Acquisition planning
    2. Determining and drafting the scope of work
    3. Market research
    4. Choosing the most effective acquisition strategy
    5. The source selection strategy and relationship between cost and fee to non-cost evaluation factors
  4. SOLICITING AND SUBMITTING PROPOSALS
    1. The organization and content of a Request For Proposal
    2. Preparation and submission of offerors' proposals
    3. Cost realism information
    4. The use of broad agency announcements
  5. EVALUATING PROPOSALS
    1. Communications to facilitate evaluation
    2. The evaluation process and specific evaluation factors
    3. Conducting the cost realism analysis
    4. The need to document the results
    5. Preparation and submission of offerors' proposals
  6. CONDUCTING NEGOTIATIONS AND AWARD
    1. Establishing the competitive range
    2. The purpose of negotiations
    3. Source selection and award
  7. NEGOTIATING COST AND FEE
    1. Government's analysis and negotiation of cost
    2. Cost analysis techniques
    3. Negotiation of fee using ghe FAR's structured approach and other techniques
    4. Negotiation techniques and documentation
  8. COST AND ACCOUNTING RULES
    1. The FAR's Cost Principles
    2. Agency modification to the Cost Principles
    3. The Cost Accounting Standards and their applicability to cost-reimbursement contracts
    4. Administration of CAS-covered contracts and subcontracts
  9. GENERAL STANDARDS OF LIABILITY UNDER COST-REIMBURSEMENT CONTRACTS
    1. Defining incurred costs and their allowability
    2. Determining Reasonableness
    3. Allocability of direct and indirect costs
    4. Overview of special cost items
  10. CONTRACT ADMINISTRATION
    1. The role and effect of the Limitation of Cost and Limitation of Fee clauses
    2. Changes and technical direction and their effect on the contractor's fee
    3. Delays
    4. Inspection and correction of defects
    5. Terminations under cost-reimbursement contracts
    6. Subcontracting issues
    7. Risk of loss and third party liability
  11. AUDIT AND PAYMENT
    1. Purpose and objectives
    2. Audit organizations
    3. Types of audits
    4. Billing procedures and legal status of payments under cost-reimbursement contracts
    5. Withholding and set-off
  12. DISPUTES AND REMEDIES UNDER COST-REIMBURSEMENT CONTRACTS
    1. Claims relating to cost-reimbursement contracts
    2. Government remedies for overpayment and disallowance of incurred costs
    3. Penalties for unallowable costs in final indirect cost rate proposals

The Course Faculty

Ralph C. Nash, Jr. Nationally recognized as one of the leading and most respected authorities in Government procurement, Ralph Nash's guidance, insights and innovations have been at the forefront of the contracting profession for decades. Now a Professor Emeritus of Law at The George Washington University, Professor Nash established and became the founding Director of the Law School's Government Contracts Program. Designed to provide a solid framework for teaching, research and writing in Government procurement, the program is a leading U.S. educational resource in Government contracting today and Professor Nash continues as a vital part of the program.

In addition to an active role in consulting for Government agencies, private corporations, industrial organizations and law firms on procurement matters, Professor Nash continues to educate the contracting community through programs sponsored by educational institutions, professional societies and professional associations. He has served as a member of the governing Council of the American Bar Association's Section of Public Contract Law and as a Judge on the Atomic Energy Commission Board of Contract Appeals. In addition, Professor Nash is a Fellow of the National Contract Management Association and serves on the NCMA's Board of Advisors.

Author of one of the most respected texts ever written on a procurement subject-Government Contract Changes-he has co-authored a number of the basic texts on procurement matters, including: Formation of Government Contracts, 3d ed. 1998; Administration of Government Contracts, 4th ed. 2006; Cost Reimbursement Contracting, 3rd ed. 2004; and Competetive Negotiation: The Source Selection Process, 2d ed. 1999. He is the author of theFederal Publications Monthly publication, The Nash & Cibinic Report.
Professor Nash received his Bachelor of Arts degree from Princeton University and his Juris Doctor degree from The George Washington University.

Terry L. Albertson is a partner in the Washington, D.C. law firm of Crowell & Moring LLP, specializing in Government procurement law. Mr. Albertson is active in a number of trade and professional organizations. For several years, he served as Chairman of the Committee on Accounting and Cost and Pricing of the Public Contract Law Section of the American Bar Association. A member of The Government Contractor Advisory Broad, he has written and lectured frequently on Government procurement issues, with special emphasis on cost allowability issues, multiple award Federal Supply Schedule contracts, and issues related to fraud, debarment, and suspension. He received a Bachelor's degree from Georgetown University, magna cum laude, and Master's degree from Yale University, and a law degree from Harvard Law School, cum laude,. He is a member of the Bars of State of Maryland and the District of Columbia.

Ki Capitano is a consultant with Capitano Consulting providing consultation, advice, assistance, and training on government contract financial and other regulatory compliance matters. Ki began his career in government contracting in 1976, working as a contract auditor for the Defense Contract Audit Agency (DCAA). While with the DCAA, he performed a full range of contract audits of government contractors and contract audit functions. He worked as an instructor at DCAA's contract audit institute in Memphis, TN designing, developing, and delivering training courses to DCAA auditors and managers in both technical and managerial subjects, as well as supporting briefings to industry and other government agencies, and worked at DCAA headquarters as program manager, responsible for a variety of audit initiatives. Ki also worked for KPMG Peat Marwick as a manager responsible for designing, developing, and delivering training courses and providing expert advice to clients regarding government contract regulatory compliance issues in a wide variety of areas. Ki holds an MBA from George Mason University and is a retired CPA. He is a former member of the American Production and Inventory Control Society's Aerospace and Defense Specific Interest Group steering committee, and a current member of the Virginia Society of CPA's.

Accreditation
This Program is eligible for:
16.5 (60 minute)
19.8 (50 minute)
This Program is eligible for:
19.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
L'Enfant Plaza Hotel
480 LENFANT PLZ SW
Washington, DC 20024-2253
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Cost-Reimbursement Contracting
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Date Location
October 6-8, 2010 Washington, DC
Nov 30, 2010 - Dec 02, 2010 Washington, DC
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Call (888) 494-3696