Bring any seminar or course directly to your staff through the Federal Publications’ In-House Presentations Program.
Who should attend:
Owners, vice presidents, directors, managers and contract administrators with years of experience in managing federal government contracts. Federal Government Contacting Officers, COTRs, CORs and other procurement specialists wanting more and in-depth training on administration.
Should have at least 3 years of experience in contract administration. Previous courses in Basics, Federal Acquisition Regulations, or other entry and mid-level courses on managing and administration of government contracts are encouraged first.
What you will learn:
The foundation of government contracting is contract administration. Without effective, solid administration, any type of government contract whether for a product or a service - large or small - can face enormous hurdles, problems, claims, and disputes. As participants will find, this workshop takes on the substantive issues of contract administration directly and aggressively.
Each day of the workshop will deal with specific, concrete administration problem areas. These areas will be illuminated, dissected, sharply analyzed and resolved -- through discussions, lectures, and problem-solving exercises. Keeping with the advanced nature of this program, you will also learn proven techniques for avoiding disputes. Strategies to use, when disputes do arise, will be covered also.
In short, all of the elements have been carefully selected and crafted to give you the most practical, advanced program on contract administration possible.
By the end of the course, you will be able to use these tools to identify practical, legal, equitable and ethical solutions to problems you are sure to face in contract administration.
Dates and Locations
8:00 AM - 3:00 PM
Schedule for La Jolla, CA and Hilton Head, SC
9:00 AM - 4:00 PM
Schedule for All Other Locations
1. AN OVERVIEW OF CONTRACT ADMINISTRATION
a. What Is Contract Administration?
b. The Rules
c. Where The Rules Originate
d. The Govt's Authorized Agents
e. Standards Of Conduct
f. Liability Of Govt Employees
2. INTERPRETING CONTRACT DOCUMENTS
a. Key Definitions
b. The Goals Of Interpretation
c. Contract Wording - A Detailed Review
d. Questions / Problems Following Contract Analysis
3. CHANGES IN CONTRACTS
a. The Changes Clause
b. Notice Requirements
c. Change Orders
c. Standard Clauses
5. USING GOVT PROPERTY
b. Govt Obligations
c. Contractor Obligations & Remedies
6. RECOGNIZING THE RISKS IN THE PROCESS
a. Faulty Representations & Statements
c. Warranty Issues
d. Good Faith & Fair Dealing
e. Performance Impracticability & Mistakes
f. Allocating The Risks Fairly
7. ACCURATELY PRICING ADJUSTMENTS
a. Basic Computation Rules
b. Proving The Amount
c. Claim Preparation Costs
d. Defective Pricing Claims By The Govt
e. Calculating Overhead & Profit Figures
f. Delay & Impact
8. DIFFERING SITE CONDITIONS
a. The Standard Contract Clause
b. Type I & Type II Conditions
c. Contract Breach
d. Contractor's Duty To Inspect The Site
e. Govt Disclaimers
f. Notice & Procedure
g. Exculpatory Clauses
9. INSPECTION, ACCEPTANCE & WARRANTIES
a. Govt Rights
b. Inspection Procedures
c. Rejection & Correction
e. Express & Implied Warranties
b. Contract Payments
c. Standard Clauses
d. Prompt Payment Act
e. Debt Collection Procedures
f. Remedies & Setoffs
11. TERMINATIONS FOR CONVENIENCE
a. Govt's Rights
c. Constructive Termination
d. Contractor Recovery
e. Settlement Principles & Procedures
f. Partial Terminations
12. TERMINATION FOR DEFAULT
a. Bases for Termination
b. The Decision
c. Contractor Defenses
d. Govt Remedies
g. Liquidated Damages
h. Contesting the Termination
13. THE DISPUTES PROCESS & ADMINISTRATION
a. The Process
b. The Disputes Path
c. Asserting Contractor Claims
d. The C.O.'s & The Administrator's Roles
f. Overview Of The Contract Disputes Act
FACULTY FROM WILEY REIN LLP
Daniel P. Graham, Partner
Dan, recognized by Chambers USA as one of Washington, DC’s “Leading Lawyers” in his field, is commended for his broad range of legal matters and for leading “the next generation of Wiley protest lawyers” (2013). Clients have said “he does outstanding work and gets good results” (2013), is an “exceptionally strong litigator” (2010), and is “incredibly in tune with the laws and regulations” (2011). Approximately half of his practice involves litigation, including bid protests, Contract Disputes Act appeals, prime/subcontractor disputes, and commercial litigation.
Dan has litigated cases before the U.S. Court of Federal Claims (COFC), the U.S. Court of Appeals for the Federal Circuit, the Government Accountability Office (GAO), and the Boards of Contract Appeals, as well as before Federal District Courts and Courts of Appeals across the country.
The remainder of Dan’s practice involves counseling clients on potential contract disputes and protest challenges, mergers and acquisitions, business restructures and reorganizations, accounting practice changes, and internal investigations. In particular, he often advises clients on compliance with ethics laws and regulations, including post-employment restrictions applicable to government employees. Dan actively participates in Wiley Rein’s pro bono program and has successfully argued before the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Appeals for Veterans Claims in several Veterans’ benefits cases. He is a certified Legal Lean Sigma Institute (LLSI) White Belt, and uses the LLSI process and project management approach to deliver increased value to clients.
J.D., William & Mary Law School; Order of the Coif
B.A., The Johns Hopkins University
Kevin J. Maynard, Partner
Kevin represents clients on all aspects of federal, state, and local procurement matters, including contract claims and disputes, bid protests, government investigations and audits, civil false claims act actions, and compliance issues.
- Regularly represents clients in bid protests at the Government Accountability Office (GAO), the U.S. Court of Federal Claims, as well as state courts.
- Assists clients in analyzing, preparing, submitting, and negotiating certified claims, requests for equitable adjustment, as well as termination settlement proposals, including successful resolution of certified claims valued at more than $200 million under major IT outsourcing contract.
- Has represented clients in proceedings before the Boards of Contracts Appeals, including successful appeal of Contracting Officer's denial of claim for price adjustment and successful resolution of claims relating to termination of IT services contract, through alternative dispute resolution (ADR).
- Extensive experience with government and internal investigations, contractor disclosures, compliance reviews, subpoena responses, False Claims Act litigation and investigations, and suspension and debarment matters.
- Particular experience on issues relating to the government's acquisition of commercial products and services under Federal Acquisition Regulation (FAR) Part 12, as well as a variety of issues relating to General Services Administration (GSA) Schedule contracts, including commercial sales practices (CSP) disclosures, price reductions, audits, Contractor Assistance Visits, and other Schedule contracting issues.
J.D., with high honors, The George Washington University Law School; Order of the Coif
B.A., Cornell University
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
This Program is eligible for: 13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
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.
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.
This Program is eligible for:
11.0 (60 minutes), 13.0 (50 minutes)
Register Now for:
Call (888) 494-3696