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In-House
This fiscal law course is tailored to an aspect of the subject that we know is of interest to many people – government contracting.  Participants will receive a comprehensive, detailed, fleshed-in course manual (with the text of key laws, references to key decisions, and quotes from leading GAO and other decisions), and real world review exercises that reinforce the principles and rules. 

Who should attend this course?
 While this seminar is of immediate and daily interest to federal government contracting personnel, it is also critical to Government leaders and program personnel, resource managers, legal staffs, and inspectors general, auditors, and internal review personnel.  Government contractors would also be very wise indeed, to understand the fiscal issues and environments that face their Government customers when they contemplate things such as the modification or “incremental funding” of their contracts.
 
TOPICS
PART ONE: A Primer and Update on Fiscal Law
- Availability.  
- Obligations. 
- Selected Purpose Issues.   
- The “Life Cycle” of Appropriations and the “Bona Fide Needs Rule.”  

PART TWO:  Selected Contracting Fiscal Issues
- Types of Contracts.  
- Protests.  
- Contract Modifications.  
- Service Contracting.  
- Personal Services Contracts.  
- Multiple Year and Multiyear Contracting.  
- Incremental Funding.  
- Contracting Under the Economy Act.  
- Contracting With Revolving Funds.  
- Contracting Under Continuibg Resolution Authority and During “Funding Gaps.”  
- Prompt Payment.  
- Funding Ratifications.  
- Funding Settlements, and Judgments.   
- Paying “Voluntary Creditors.”  
- Contract Terminations for Convenience and Default.  

PART THREE  Contract-Related Antideficiency Act Violations

PART FOUR  Liabilities for Fiscal Errors

REVIEW EXERCISES.
 The seminar will conclude with a comprehensive multiple choice review exercises and discussion problems that will reinforce the key points with real world problems.  
Dates and Locations
July 20-21, 2017
The Westin Hilton Head Island
Hilton Head Island, SC
$1325
REGISTER
December 5-6, 2017
Executive Conference and Training Center
Sterling, VA
$1275
REGISTER
DAILY SCHEDULE
8:00 AM - 3:00 PM
La Jolla, CA
8:00 AM - 3:00 PM
Hilton Head, SC
9:00 AM - 4:00 PM
All Other Locations
TOPICS
PART ONE: A Primer and Update on Fiscal Law
- Availability.  The concept of an appropriation’s “availability” in terms of purpose, time, and amount.

- Obligations.  The seminal event of the contractual obligation.  This includes the distinction between making and recording an obligation, “placing money on the contract,” and obligating the United States in contract for a definite amount.  

- Selected Purpose Issues.  The availability of appropriated funds for certain purposes.  These include food, clothing, “give-aways,” contracting for functions that might be “inherently governmental,” fiscal issues surrounding conferences and other occasions where an agency might seek to “augment” its appropriation - and if we have a Defense audience, using O&M for construction, the DoD “investment threshold,” and DoD “capital lease” restrictions, and other DoD-unique fiscal issues.
 
- The “Life Cycle” of Appropriations and the “Bona Fide Needs Rule.”  The availability of appropriations according to their three stages, and the “Bona Fide Needs Rule” - and its exceptions.

PART TWO:  Selected Contracting Fiscal Issues
- Types of Contracts.  The “type” of every Government contract in terms of what contractual obligations occur by virtue of an award, and also the fiscal obligations for each type (they are not necessary parallel or simultaneous!)

- Protests.  Funding availability as it is affected by pre-award and post-award bid protests.

- Contract Modifications.  Funding contract modifications with current and expired funds (including determining the “scope” of contract modifications) 

- Service Contracting.  The distinction between severable and nonseverable service contracts; “crossing fiscal years” to fund severable service contracts; and various service contract issues, such as the extension of service contracts.

- Personal Services Contracts.  A thorough explanation of a true “personal services” contract with respect to the FAR, court decisions, and GAO opinions – as well as the call for the end of the Antideficiency Act’s prohibition against personal services contracts.

- Multiple Year and Multiyear Contracting.  The legal authorities and applications of the laws and rules for contracting over a one-year period.

- Incremental Funding.  The legal authorities and applications of incremental funding, including how the concept and term is used in various contexts.  We will remove the mysteries around multiyear contracting and incremental funding – and show how is correctly (and incorrectly) done!

- Contracting Under the Economy Act.  Contracting and funding under the Economy Act, to include the fiscal responsibilities of the ordering and servicing agencies, and the rules of obligation - and deobligation - for Economy Act orders.  The common errors of contracting under the Economy Act will be explained.  

- Contracting With Revolving Funds.  Contracting with “revolving funds” (stock funds, franchise funds, etc.); the application of the bona fide needs rule, the rules of obligation, and the problems agencies have encountered with revolving fund contracting.  The common errors of contracting by revolving funds will be explained.  

- Contracting Under Continuibg Resolution Authority and During “Funding Gaps.”  The scenarios and practices of contracting under a continuing resolution and in a “funding gap.”

- Prompt Payment.  The rules on invoicing and Prompt Payment Act interest, to include the circumstances when Prompt Payment Act interest does not accure.

- Funding Ratifications.  Whether an “unauthorized commitment” can be ratified and how.

- Funding Settlements, and Judgments.   What year’s funds to charge, and the availability of the Judgment Fund.

- Paying “Voluntary Creditors.”  How people who pay the Government’s tab in a pinch can be reimbursed. 

- Contract Terminations for Convenience and Default.  Funding issues and rules with terminations for convenience and default.

PART THREE  Contract-Related Antideficiency Act Violations
- The basic scenarios of contract-related ADA violations, to include possible corrective actions, that would avoid an ADA violation.

- The dispute between the Attorney General and the Comptroller General as to whether certain “Purpose Statute” violations are also violations of the Anti-Deficiency Act.  

- The Agency’s treatment (i.e., investigation) of ADA violations, and the employee’s rights and protections. 

- A synopsis of all the reported contract-related ADA violations for the last six years (based on the GAO homepage of ADA reports) 

PART FOUR  Liabilities for Fiscal Errors
- For Government Personnel.  When a fiscal error occurs, be it an antideficiency act violation, a “Purpose Statute” violation, charging the wrong year’s funds, or other funding error, what are the liabilities – in terms of disciplinary action, collection/withholding action, or other government action, for Government personnel, to include “accountable officials” (and what is an “accountable official”), resource management, supervisory and program personnel, contracting staffs (to include CORs/COTRs) and other personnel.

- For Contractors.  What are the Contractor’s risks, legal and contractual, for funding errors by their government customer. 

REVIEW EXERCISES. 
 The seminar will conclude with a comprehensive multiple choice review exercises and discussion problems that will reinforce the key points with real world problems.  

Our Faculty.  Kenneth J. Allen, Course Author and Primary Instructor.  

Kenneth J Allen practiced law for the federal government for over 32 years, mostly in contracting and fiscal law - and is now a corporate counsel and private educator.  During his government service he was a legal advisor on fiscal law for the Defense Business Management University, where he helped develop the first fiscal law training syllabus for DFAS and he was the featured speaker on fiscal subjects at American Society of Military Comptroller national Professional Development Institute, and several ASMC regional PDIs.  

For the past fifteen years, Ken has also taught in the government and private sector, and has authored over thirty course manuals on several subjects including government contracting, federal appropriations and fiscal law, contract interpretation, federal grant practice, trial advocacy, and leadership and management. 


Ken is the author of the Thomson Reuters books, How to Read a Government Contract, A Manual on Contract Interpretation for Acquisition Professionals and Federal Grant Practice.  

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.
CPE HOURS
This Program is eligible for: 13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
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.
CLP HOURS
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.
CLE HOURS
This Program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)
Executive Conference and Training Center
22685 Holiday Park Drive
Suite 60
Sterling, VA 20166
7037080808
RESERVATIONS AT GROUP RATE

Breakfast, lunch and breaks will be served at this location.

Hampton Inn & Suites Dulles
22700 Holiday Park Drive
Sterling, VA 20166
(703) 537-7800

There is a room block for this location.  This hotel is located across the street from the ECTC.  For guests room reservations, call 703.537.7800 and reference “Federal Publications” to get a room rate of $129/night, plus taxes.  Note that these reservations must be made three weeks prior to the start of the event and that the rooms are subject to availability.

TRAVEL INFORMATION

Breakfast, lunch and breaks will be served at this location.

Hampton Inn & Suites Dulles
22700 Holiday Park Drive
Sterling, VA 20166
(703) 537-7800

There is a room block for this location.  This hotel is located across the street from the ECTC.  For guests room reservations, call 703.537.7800 and reference “Federal Publications” to get a room rate of $129/night, plus taxes.  Note that these reservations must be made three weeks prior to the start of the event and that the rooms are subject to availability.

The Westin Hilton Head Island
2 Grasslawn Avenue
Hilton Head Island, SC 29928
8886278551
RESERVATIONS AT GROUP RATE

Federal Publications' room block rate is $233/night plus taxes, plus a discounted resort fee of $8 (not reflected until checkout). Reservations must be made by Monday, June 16, 2017 and are subject to availability.  For guest room reservations, click here

RESERVATIONS AT GOVERNMENT PER DIEM

Please note that we have a LIMITED number of guest rooms available at the government per diem ($144/night plus taxes, plus a discounted resort fee of $8 [not reflected until checkout]. Reservations must be made byMonday, June 16 and are subject to availability.  

These rooms are limited to ONE ATTENDEE PER QUALIFYING COMPANY, and you will be required to present a valid government ID upon check-in to confirm use of government rate.

TRAVEL INFORMATION

Federal Publications' room block rate is $233/night plus taxes, plus a discounted resort fee of $8 (not reflected until checkout). Reservations must be made by Monday, June 16, 2017 and are subject to availability.  For guest room reservations, click here

Please note that we have a LIMITED number of guest rooms available at the government per diem ($144/night plus taxes, plus a discounted resort fee of $8 [not reflected until checkout]. Reservations must be made byMonday, June 16 and are subject to availability.  

These rooms are limited to ONE ATTENDEE PER QUALIFYING COMPANY, and you will be required to present a valid government ID upon check-in to confirm use of government rate.

100
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
Register Now for:
The Fiscal Law of Government Contracting and the Anti-Deficiency Act
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Date Location
July 20-21, 2017 Hilton Head Island, SC
REGISTER
December 5-6, 2017 Sterling, VA
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By Phone
Call (888) 494-3696