Bring any seminar or course directly to your staff through the Federal Publications’ In-House Presentations Program.
This specially developed program is a comprehensive treatment of the most important fiscal law principles private industry and Government personnel must know. The program covers the entire budgetary process, from budget submission to contract for payment - how it moves forward and evolves at each key step.
- Comprehensive training on the key principles of Federal appropriations and fiscal law.
- Detailed coverage of the budgetary process enabling you to track high-dollar programs from proposal to authorization to appropriation.
- Contractor financing methods and payment procedures.
- How violations of the Antideficiency Act are identified, reported, and investigated.
- Operations during funding gaps and continuing resolutions.
- The impact of Federal appropriations law on the rights of contractors.
- Changes in the process due to the Acquisition Streamlining Statutes.
The program begins with a review of the process by which agencies receive budget authority, the requirement to account for and administratively subdivide appropriated amounts, and the manner in which agencies commit funds and record obligations. In addition, the program details the limitations that Congress places on appropriated funds as to time, purpose and amount, and explains how violations of the Antideficiency Act are identified, reported and investigated. The program also covers operations during funding gaps and continuing resolutions, the impact of Federal appropriations law on the rights of contractors, and highlights changes in the process that have resulted from FASA, FARA, and other recent legislation.
In addition to detailed lectures, you will receive a valuable written text of materials-for use during the program and as a guide to the appropriations, budgetary and fiscal law processes.
Dates and Locations
9:00 AM - 4:00 PM
An Overview of Fiscal Law
a. Constitutional Issues
b. The Federal Appropriations Process
c. Executive Agency Accounting Systems
d. Framework for Analyzing a Fiscal Problem
e. Available Resources
2. Obligating Appropriated Funds
a. Formal Commitment Accounting
b. General Rules of Obligation
c. Recording Particular Obligations
d. Recording Adjustments to Obligations
e. Special Rules Pertaining to Terminated Contracts
f. Advanced Rules of Obligations
g. Recording Obligations Under Options
3. Purpose Limitations
a. Statutory Basis
b. How to Identify an Appropriations Purpose
c. Augmentation of Appropriations
d. Expense/Investment Threshold
e. Other Purpose Issues
4. Time Limitations
a. Determining the Period of Availability
b. How Replacement Contracts Are Funded
c. The Bona Fide Need Rule
d. Multiyear Funds and Multiyear Contracts
e. Use of Expired and Closed Appropriations
5. Amount Limitations
a. An Overview of the Antideficiency Act (ADA)
b. Apportionment Limitations
c. Limitations Pertaining to Administrative Subdivisions
d. Appropriation Level Limitations
e. Contractor Recovery When ADA Is Violated
f. Accepting Voluntary Services
g. Voluntary Creditor Rules
h. Sanctions for ADA Violations
i. Investigating ADA VIolations
6. Continuing Resolutions and Funding Lapses
a. Introduction and Overview
b. Operations During Funding Lapses
c. Operations Under Continuing Resolutions
7. Payment and Collection
a. Contract Financing After FASA
b. Working with the Prompt Payment Act
c. Assignment of Claims
d. Debt Collection Methods
Kenneth J. Allen
Ken served as a federal government lawyer from 1976 to 2007, and in the Army (either Active or Army Reserve) from 1970 until his retirement from the Army Reserve in 2002, and in the federal civil service from 1984 until his retirement in 2007. He is now the General Counsel of a corporation.
Drafted in 1970, he served on active duty as an enlisted combat engineer and received a direct commission. In 1975 he was a nonvoting member of President Ford's VietNam Clemency Board. After becoming a lawyer, he was an active duty judge advocate, and was the successful defense counsel in the 1978 Fort Jackson "Heat Stroke" double homicides, and later served as the Chief Commissioner of the Army Court of Military Review. In the Army Reserve, his senior staff assignments were at Headquarters US European Command; Command Judge Advocate 412th ENCOM (Fwd) Seckeinhiem, Germany; and Staff Judge Advocate, 315th Engineer Group. From 1996 to 2002 he was the reserve judge advocate liaison to the Army War College’s Peacekeeping Institute, where he advised on contingency and peacekeeping operations; taught in the resident War College; and served as the senior legal controller in the Army War College’s Strategic Crisis Exercises.
In his federal civil service career, he practiced law for the Federal Labor Relations Authority; the Department of the Army at Pirmasens and Ziewbrucken, Germany and Ft. Ritchie MD; the Defense Information Systems Agency; and the US Army Medical Research and Materiel Command, Ft. Detrick, MD, where he served as Command Counsel for Programs, Acquisition, and Litigation from 1997 to 2007.
Since 1995 Ken has been a frequent speaker for government and private educators. He has addressed the American Society of Military Comptrollers, the Army War College, and Army Management Staff College. He is currently an adjunct faculty member of the Naval Postgraduate School, Monterey CA, for whom he has taught on campus and overseas, as well as authoring articles on subjects such as foreign military sales and offsets. He has authored over 40 training manuals and courses on subjects such as government contract law, federal appropriations and fiscal law, trial advocacy, leadership and management, the interpretation of government contracts, federal grant practice, “contracting out” under OMB Circular A-76, and legal ethics.
In April 2007 Ken retired from the federal government and became the General Counsel of Engineering Systems Solutions, a service-disabled veteran-owned information technology company with government and private customers in the US and abroad. In addition to Government contract law, Ken’s duties now include corporate and personnel law, business relationships (e.g., teaming and joint venturing), import/export, and intellectual property law.
He is a graduate of the Brandeis School of Law at the University of Louisville, the resident Army JAG School basic and advanced courses, Army Command and General Staff College, Army Management Staff College, National Defense University, and the Army War College.
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)