Contracting for Services

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A comprehensive course on contracting for and performance of services for the Federal Government with full spectrum coverage from needs determination through contract closeout.

More than half of all Government contracts are service contracts, ranging from advisory and assistance or other consulting services to maintenance, overhaul, repair, servicing, and operation of supplies, systems, equipment and even real property and the Government’s reliance on private contractors continues to increasing. That's reason enough for this course - to cover the rules and the practicalities in this complex area of procurement. But there is more. Service contracting is in the midst of dramatic change where new developments and challenges to both Government officials and private contractors continue to unfold. This course examines the impact of those changes on your service contracting activities.

The course explains the basics of service contracting for those getting started and it includes coverage of new developments and emerging issues for those experienced in the field. It is a comprehensive course covering the full spectrum of service contracting from needs determination through contract closeout.

Subjects include:

· Legislation including the Service Acquisition Reform Act (SARA) and other statutory/regulatory developments

·
Service Contract Labor Standards Statute (a.k.a. the Service Contract Act) and Other Labor Standards, such as rights of first refusal and nondisplacement of federal or other qualified workers

·
Overriding Policies that Influence the Federal Government’s Service Contracting Process:

Performance-Based Services Acquisitions
Types of Services the Government May and May Not Procure via Contract and Contracting Preferences/limitations Associated Therewith
- Inherently Governmental Functions
- Advisory & Assistance Services – Limitations and Permissible Uses
The Continuing Debate Over Outsourcing vs. In sourcing
Limits on Personal Service Contracts
Procedures that Government Officials Follow When Developing Requirements Documents and When Conducting Procurements For Services
- Promotion of Competition
- Common Procurement Methods Used to Acquire Services
- Evaluation Issues Involving Service Contracts, including
  - Use of Uncompensated Overtime
  - Organizational & Personal Conflict of Interests
Issues Associated Effective Management and Oversight of Service Contracts During Performance
- Types of Contracts Commonly Used To Acquire Services
  - Traditional Fixed Price and Cost Reimbursement Contract Types
  - Incentive Contracts
  - Task Order/Indefinite Delivery Type Contracts
- Funding Service Contracts Crossing Fiscal Years
- Key Personnel Clauses
- Changes
- Inspection, Acceptance and Warranties
- Terminations
- Disputes and Claims

· Other Contract Administration Issues Commonly encountered in the Service Contract Setting

Dates and Locations

November 1-2, 2012

AMA Conference Center

Arlington, VA

$1025.00

Accreditation

CLE Hours

This Program is eligible for:

11 (60 minute)

13.2 (50 minute)

CPE Hours

This Program is eligible for:

13 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

CLP Hours

This Program is eligible for:

11 (CLP) hours of credit

Related Downloads

Registration Form for fax-in registrations (PDF)

Daily Schedule

9:00 AM - 4:00 PM

The Course Curriculum

FIRST DAY

· FOUNDATIONS OF SERVICE CONTRACTING

Ø Key definitions

Ø Sources of law and regulations affecting service contracts

Ø What types of services the Government acquires and what sets them apart from other acquisitions.

RELEVANT LABOR STANDARDS

Ø The Service Contract Labor Standards Statute (a.k.a. the Service Contract Act) and Other Labor Standards - its scope and application; fringe benefits; exemptions; health and safety; wage determination; penalties for violations,

Ø Rights of First Refusal and Nondisplacement of Qualified Workers

GOVERNMENT POLICIES AFFECTING ACQUISITION OF SERVICES & ADMINISTRATION OF SERVICE CONTRACTS

Ø Promoting Performance-Based Service Acquisitions – its effect on the procurement and contract administration process.

Ø Inherently Governmental Functions -- permissible uses of advisory and assistance services – the Government’s use of outside experts and consultants.

Ø Contracting out or keeping the work in-house – the continuing debate over what services should be outsourced vs. performed by Government personnel, including OMB Circular A-76 and how it is applied.

Ø Distinguishing between personal and nonpersonal services contracts - practical ways to keep the contracts nonpersonal.

SECOND DAY

ACQUIRING SERVICES

Ø Establishing the program requirements and writing the solicitation.

Ø Promoting Competition.

Ø Inherently Governmental Functions and the proper use of Advisory and Assistance services.

Ø The Government evaluation process: applying technical evaluation factors and past performance to the proposal; the importance of cost realism vs. price realism ("low" cost estimate vs. "realistic" cost estimate, phase-in cost, labor mixes, uncompensated overtime, profit, fees and incentives. The effect of differing contract types on pricing a proposed scope of work. Importance of labor rates and wage determinations.

Ø The "competitive range" concept: need for written or oral discussions; meaning of "best and final" offer. Source evaluation, point scores and the award process. Advantages and disadvantages of the incumbent contractor.

Ø Use of other Simplified Acquisition techniques: including Indefinite Delivery Type Contracts and Commercial item Acquisition procedures.

Ø Organizational and Personal Conflicts of Interest.

PERFORMANCE & CLAIMS

Ø Types of service contracts - relating the contract form to what services the Government is buying.

Ø Structure and duration of service contract - limitations of appropriation acts; options, and other considerations. -- the use of multi-year procurement - how it functions and the benefits it provides; a comparison with one-year contracts with options.

Ø Performance issues and administering different types of service contracts: including statements of work; contractor's and Government’s roles and responsibilities; contract interpretation; key personnel and minimum qualification requirements

Ø Changes; delays and interference with work;

Ø Inspection ,acceptance and warranties;

Ø Terminations for convenience and default.

Ø Contract disputes and their resolution: critical procedures; claims preparation and presentation; techniques of proof; scope and extent of relief.

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 Court of Appeals for the Fourth Circuit, the Court of Federal Claims, and the United States District Courts for 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 (60 minute)

13.2 (50 minute)

CPE Hours

This Program is eligible for:

13 (CPE) hours of credit

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live