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What you will learn:
This workshop is designed to explain the legal and regulatory underpinnings of federal government contract administration, giving you practical experience through case studies and alerting you to common pitfalls.

Completely updated incorporating the latest changes from the most recent statutes and Federal Acquisition Circulars.

This is a student centered course designed to teach you the basics through lecture to include:
• Understanding the roles of various contracting personnel and their corresponding authority
• Learning about various contract types and their impact on contract administration
• Managing changes and understanding the procedure for modifying a contract
• Understanding contract payments, contract financing and progress payments
• Learning about subcontract management and flowdown provisions
• Learning the elements of a claim and the forums for filing a dispute
• Understanding contract termination
And more...

This specialized program covers critical post-award contract administration topical areas, including the applicable contract clauses and critical issues that routinely confront the parties during contract performance. Now that you've been awarded a federal government contract, government and contractor teams focus on completing the requirements of the contract. The government team focuses on managing costs, quality, meeting the contract schedule, and performance. The contractor team focuses on managing risk, compliance, performance, quality, costs, and profit.

Many issues and problems surface quickly during the contract administration phase. Both government and contractor personnel must understand their rights and obligations under the contract and how to approach difficult situations and resolve problems to the mutual benefit of both parties.

This seminar is designed to stimulate critical thinking and discussion on commonly encountered contract administration issues. The application of certain key clauses and recurring issues that arise during the contract will be emphasized throughout to reinforce the importance of contract administration to successful performance and compliance.
Dates and Locations
July 26-27, 2018
The Westin Hilton Head Island
Hilton Head Island, SC
$1375
REGISTER
October 11-12, 2018
Executive Conference and Training Center
Sterling, VA
$1275
REGISTER
October 24-25, 2018
Hyatt Regency Mission Bay Spa and Marina
San Diego, CA
$1275
REGISTER
DAILY SCHEDULE
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

Course Curriculum

FIRST DAY

Introduction to Government Contracts Administration – The Setting

1) Welcome & Introduction

2) Key Players & Government Representatives – Roles & Responsibilities

a) The Contracting Officer (PCOs, ACOs & TCOs)

b) Other Contracting Officer Representatives

c) Authority of Government Personnel - Who Has It & Who Lacks It

d) Alternatives to Proving Authority

e) The Role of the ACO in Contract Administration (FAR Part 42)

f) The Role of Others in Contract Administration (DCAA, DOL, SBA, etc.)

3) Principal Contract Types & Other Documents-- Their Effect on Contract Administration

a) Firm Fixed Price Contracts

b) Cost Type Contracts

c) Indefinite Quantity Contracts

d) Other Contract Types

e) Types of Specifications & Other Requirements Documents

 Costs under Government Contracts 

1) Overview & Applicability to Different Scenarios in Contract Administration 

a) Common Cost-Reimbursement Clauses

b) Government Audit Rights

2) The FAR’s Cost Principles

a) Direct Costs vs. Indirect Costs

b) Allowability

c) Allocability

d) Provisional & Final Indirect Cost Rates

3) Cost Accounting Standards

a) Applicability & Exceptions

b) Overview of Full vs. Modified CAS Coverage & Standards

c) Disclosure Statements & Other Obligations

4) Truth In Negotiations Act – Post-Award Pricing Actions

a) Applicability to Post-Award Pricing Actions
b) Exceptions   
c) Defective Pricing/Price Reductions

Patents, Data Rights & Intellectual Property 

1) Overriding Principles – Government’s vs. Contractors’ Rights

2) Patents

a) Authorization, Use & Indemnification

b) Inventions First Developed Under Government Contracts

3) Technical Data & Computer Software

a) Key FAR & DFARS Provisions

b) Standard Licenses

c) Special/Non-Standard Licenses

4) Copyrights

SECOND DAY

Managing Changes & Modifications 

1) Types Of Modifications

a) Administrative Modifications

b) Bilateral Modifications vs. Unilateral Change Orders

2) Elements & Types of Changes

a) Formal

b) Constructive

c) Cardinal

3) Authority To Issue Change Orders

a) Express Authority

b) Implied Authority

c) Ratification & Equitable Estoppel

4) Principles Of Contract Interpretation

a) Applicable Law

b) Intent of the Parties

c) Rules and Aids in Interpretation

5) Formal Changes

a) The Contract Clauses

b) Analysis of the Changes Clauses

6) Constructive Change Orders

a) Definition of Constructive Change

b) Significance of Constructive Changes

7) Notice Requirements under the Changes Clause

8) Value Engineering (FAR Part 48)

 

Delays, Disruption, Suspensions & Acceleration 

1) Suspensions & Stop Work Orders

a) Analysis of Clauses

b) Requirement for Government Direction or Fault

c) Reasonable vs. Unreasonable Delays

d) Recoverable Costs

e) Notice Requirements

2) Delays

a) Excusable vs. Nonexcusable Delays

b) Compensable vs. Noncompensable Delays

c) Concurrent Delays

3) Acceleration

a) Actual

b) Constructive

4) Disruption & Cumulative Impacts

 
Subcontract Management 

1) Privity of Contract

a) Definition of Subcontract & Subcontractor

b) Subcontract Terms & Conditions

c) Resolving Disputes with Subcontractors

2) Small Business Subcontracting

a) The Ostensible Subcontractor Rule

b) Limitations on Subcontracting

c) Small Business Subcontracting Plans

3) Government Oversight

a) Consent/Notification Requirements vs. Purchasing System Reviews

b) Other Government Oversight

c) Competition in Subcontracting

d) Excessive Pass Through Costs

 
Inspection, Acceptance & Warranties 

1) The Government’s Inspection Process

a) Rights & Obligations Under Standard FAR Clauses

b) Commonly Encountered Problems

c) Strict Compliance, Deviations & Waivers

2) Government Remedies

a) Types & Timing

b) Substantial Completion/Substantial Performance

e) Economic Waste

d) Physical Impossibility & Defective Specifications

2) Acceptance

a) Mode of Acceptance

b) Effect of Acceptance

c) Revocation of Acceptance

d) Latent vs. Patent Defects

3) Warranties

a) Effect

b) Types

b)  Commonly Encountered Problems


Invoicing, Payments & Financing 

1) Types of Contract Payments

a) Invoice Payments & Cost Vouchers

b) Partial vs. Complete Payments

2) Types of Contract Financing – Traditional vs. Commercial Item Acquisitions

a) Performance Based Payments

b) Progress Payments

c) Advance Payments

3) The Prompt Payment Act

4) Effect of Final Payment

Terminations 

1) Terminations for Convenience

a) Government's Right to Terminate

b) Contractor's Rights upon Termination

c) Giving/Receiving Notice

e) Partial Terminations

f) Termination vs. Deletion of Work by Change Order

2) Terminations for Default

a) Bases

b) Requirement of the Exercise of Discretion

c) Excusable Delays & Defaults

d) Estoppel & Waiver

e) Defenses against Government Right to Terminate

f) Government's Remedies upon Default

 Disputes & Equitable Adjustments

1) Requests for Equitable Adjustment & Formal Claims

a) The Contract Disputes Act

b) Differences/Similarities between REAs & Claims

c) Preparation of the REA/Claim -- Procedural & Substantive Aspects

2) Elements of Recovery

a) Proving Entitlement

b) Different Methodologies for Quantifying REAs & Claims

c) Limitations Under Applicable Clauses

d) Cost or Pricing Data Requirements Certifications and Related Matters

e) Certifications and Related Matters

f) Other Remedies

3) The Contracting Officer’s Final Decision 

a) Timing & Effect

b) Contractor’s Duty to Proceed

c) Overview of the Appeals Process

BRIAN DARST, Odin, Feldman & Pittleman P.C.
Brian A. Darst specializes in matters involving government and commercial contract law and represents companies doing business with government entities, at federal, state and local levels, on a wide range of issues. He has extensive experience in bid protests, claims preparation and litigation, internal investigations, voluntary disclosures, procurement fraud investigations, various contract formation and administration issues, suspension and debarment proceedings, matters related to the Small Business Administration, and other issues involving the award and administration of federal and state government contracts. Mr. Darst’s practice also includes assisting clients with matters related to the sale and acquisition of firms involved in government contracting, subcontracting issues, software licensing, other corporate governance matters, and Virginia litigation. 
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
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
Website

There is a room block for this location.  This hotel is located across the street from the ECTC.  For guest room reservations, call 703.537.7800 and reference “Federal Publications." 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
Website

There is a room block for this location.  This hotel is located across the street from the ECTC.  For guest room reservations, call 703.537.7800 and reference “Federal Publications." Note that these reservations must be made three weeks prior to the start of the event and that the rooms are subject to availability.

Hyatt Regency Mission Bay Spa and Marina
1441 Quivira Road
San Diego, CA 92019
6192214823
TRAVEL INFORMATION
Room block information for this venue - for 2018 courses - will be available shortly.
The Westin Hilton Head Island
2 Grasslawn Avenue
Hilton Head Island, SC 29928
8886278551
RESERVATIONS AT GROUP RATE

Room Block Information
There is a room block for this location. The rate is $250/night plus taxes, plus a discounted resort fee of $8 (not reflected until checkout). Click 
here to make reservations. This rate is subject to availability. Reservations MUST be made by June 22, 2018.

Guest Rooms at the Government Per Diem:
Government Per Diem rates will be posted shortly, when rates become available.

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. 

Food and Beverage
Continental breakfast, lunch and beverages will be served.

TRAVEL INFORMATION

Room Block Information
There is a room block for this location. The rate is $250/night plus taxes, plus a discounted resort fee of $8 (not reflected until checkout). Click 
here to make reservations. This rate is subject to availability. Reservations MUST be made by June 22, 2018.

Guest Rooms at the Government Per Diem:
Government Per Diem rates will be posted shortly, when rates become available.

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. 

Food and Beverage
Continental breakfast, lunch and beverages will be served.

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:
Administration of Government Contracts
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Date Location
July 26-27, 2018 Hilton Head Island, SC
REGISTER
October 11-12, 2018 Sterling, VA
REGISTER
October 24-25, 2018 San Diego, CA
REGISTER
By Phone
Call (888) 494-3696