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.
Instructing this course is Ralph C. Nash, Jr., Professor Emeritus of Law of The George Washington University, Washington, D.C. He founded the Government Contracts Program of the university's National Law Center.
Don't miss this opportunity to learn from Professor Nash, a renowned leader in the government contracting industry.
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.
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.
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
Ralph Nash, Professor Emeritus of Law, GWU
Ralph C. Nash, Jr., is Professor Emeritus of Law of The George Washington University, Washington, D.C., from which he retired in 1993. He founded the Government Contracts Program of the university's National Law Center in 1960, was Director of the Program from 1960 to 1966 and from 1979 to 1984, and continues to be actively involved in the Program. He was Associate Dean for Graduate Studies, Research and Projects, of the Law Center from 1966 to 1972.
Professor Nash has specialized in the area of Government Procurement Law. He worked for the Navy Department as a contract negotiator from 1953 to 1959, and for the American Machine and Foundry Company as Assistant Manager of Contracts and Counsel during 1959 and 1960.
He graduated magna cum laude with an A.B. degree from Princeton University in 1953, and earned his Juris Doctor degree from The George Washington University Law School in 1957. He is a member of Phi Beta Kappa, Phi Alpha Delta, and the Order of the Coif.
Professor Nash is active as a consultant for government agencies, private corporations, and law firms on government contract matters. In recent years, he has served widely as neutral advisor or mediator/arbitrator in alternate dispute resolution proceedings. He is active in the Public Contracts Section of the American Bar Association, is a member of the Procurement Round Table, and is a Fellow and serves on the Board of Advisors of the National Contract Management Association.
During the 1990s, Professor Nash was active in the field of acquisition reform. He served on the "Section 800 Panel" that recommended revisions to all laws affecting Department of Defense procurement, the Defense Science Board Task Force on Defense Acquisition Reform, and the Blue Ribbon Panel of the Federal Aviation Administration.
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.
** 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.
This Program is eligible for:
11.0 (60 minutes), 13.0 (50 minutes)