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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
March 5-7, 2012
AMA Conference Center
Arlington, VA
$1125.00
October 9-11, 2012
AMA Conference Center
Arlington, VA
$1125.00
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
This Program is eligible for:
17.0 (CLP) hours of credit
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., Professor Emeritus of Law, The George Washington University Law School
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 the Federal 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.

Linda S. Bruggeman, Senior Counsel, Crowell & Moring LLP
Linda Bruggeman specializes in Government Contract law at Crowell & Moring LLP. She graduated from Miami University with honors in 1972 and from the Georgetown University Law Center in 1979. She is a member of Phi Beta Kappa.

Linda’s practice focuses on both litigation and counseling in connection with Government contracts, with particular emphasis on issues involving cost allowability, the Cost Accounting Standards, and the Truth in Negotiations Act. She represents clients in matters involving the Department of Defense, NASA,and civilian agencies, including the defense of qui tam actions under the False Claims Act. She has also lectured on a variety of cost allowability and allocability issues for the Educational Services Institutein association with The George Washington University. Linda previously practiced Government contract law in the General Services Administration and served as legislative counsel in the Department of Justice.

Linda is a member of the District of Columbia Bar and the American Bar Association, where she is a member of the Public Contract Law Section.

J. Catherine Kunz, Partner, Crowell & Moring LLP
Ms. Kunz is a member of the Government Contracts group at Crowell & Moring LLP. Her practice involves both counseling and litigating on behalf of clients in a range of government contract law areas, including GSA Schedule contracting, contract claims and disputes, fraud and abuse, cost accounting issues, purchasing and subcontracting, and federal health care contracting. Ms. Kunz also represents clients in qui tam actions under the False Claims Act and in bid protest, and counsels clients on government audits, procurement ethics, compliance programs, contract administration, and specialized government acquisition programs, including Federal Employees Health Benefits Program contracts and National Park concession contracts. Ms Kunz also has experience counseling clients on federal grants administration and audit matters.

Ms. Kunz has litigated before the Armed Services Board of Contract Appeals, General Services Board of Contract Appeals (now part of the Civilian Board of Contract Appeals), Government Accountability Office, and Federal District and Appellate Courts. Ms. Kunz is a member of the Public Contract Law Section of the American Bar Association.

Ms. Kunz received her B.A. with honors and distinction in Human Biology from Stanford University in 1993. She graduated from Duke University School of Law in 1999, where she served as Editor in Chief of the Alaska Law Review and Editor of the Duke Environmental Law Journal. Ms. Kunz also earned a Masters of Environmental Management from the Nicholas School of Environment at Duke University in 1999.



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
This Program is eligible for:
17.0 (CLP) hours of credit
AMA Conference Center
2345 Crystal Dr
Arlington, VA 22202
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Cost-Reimbursement Contracting
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Date Location
March 5-7, 2012 Arlington, VA
October 9-11, 2012 Arlington, VA
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