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Solid guidance on the entire spectrum -- from start to finish -- of significant problem areas encountered in the U.S. Government construction process and how to effectively manage the practical operating and legal problems.

Contracting with the Federal Government for construction has its own unique and complex rules, standards, problems, and hurdles. It is the purpose of this special program to equip industry and Government representatives with the knowledge necessary to effectively and successfully obtain, manage, and complete Government construction contracts.

The exhaustive scope of subjects analyzed by the program is set forth in the detailed Course Curriculum. Its coverage includes not only general construction matters as they relate to the Government procurement process, but the specifics of inspections and warranties, delays and acceleration, dollar recovery, changes in the work, cost and pricing data requirements, contract terminations, remedies and special problems, and more.

You will be instructed on these subjects by noted Course Faculty -- practitioners who are nationally recognized authorities on Government construction matters. In addition to their detailed lectures, each attendee will receive a comprehensive Course Manual of original materials prepared exclusively for this program.


Dates and Locations
September 21-22, 2017
Caesars Palace
Las Vegas, NV
$1325
REGISTER
DAILY SCHEDULE
9:00 AM - 4:00 PM

Government Construction Contracting Course Curriculum

  1. INTRODUCTION TO FEDERAL CONSTRUCTION CONTRACTING
    1. Current Trends/Developments in the Construction Industry
    2. Overview of The Statutory and Regulatory Structure Governing Federal Construction
      1. Definition of "Construction"
      2. Federal Appropriations Law Requirements
      3. Contracting Under FAR Part 36
    3. Principal Contract Types
      1. Firm Fixed Price Contracts
      2. Cost Type Contracts
      3. Indefinite Quantity Contracts/Job Order Contracts
      4. Variations in Estimated Quantities
      5. Limitations on Concurrent Performance of Cost Type and Fixed Price Type Contracts
    4. Selected Socioeconomic Programs and Policies
      1. The Davis Bacon and Related Acts
        • History and Purpose of the Davis Bacon and Related Acts
        • Wage Determination Procedures
        • The Contract Work Hour and Safety Standards Act
        • Fair Labor Standard Act
        • The Copeland Act
        • Contract Obligations and Sanctions for Violations
        • Authority to Interpret Act
        • Special Problems
      2. Other Socioeconomic Policies and Considerations
      3. Foreign Purchases — Buy American Act for Construction Materials
      4. Design-Build Contracting
    5. Subcontract and Material-Provider Issues: The Miller Act
    6. Liquidated Damages
  2. METHODS OF ACQUIRING CONSTRUCTION
    1. Special Construction Contracting Requirements
    2. Methods of Procurement - Competition v. Sole Source
    3. Sealed Bidding
    4. Contracting by Negotiation
    5. Two Phase Design-Build Selection Procedures
  3. REMEDIES OF UNSUCCESSFUL OFFERORS
    1. Agency-Level Protests
    2. General Accounting Office
    3. Court of Federal Claims
    4. Small Business Challenges
  4. CONTRACT PERFORMANCE AND SPECIFICATIONS
    1. Special contract Provisions for Construction Contracts
    2. Contract Specifications and Their Use
      1. Overview
      2. Purposes
      3. Minimum Compliance and Deviations
      4. Substantial Completion
    3. Interpretation of Contracts
      1. Applicable Law
      2. Intent of the Parties
      3. Rules and Aids in Interpretation
    4. Scheduling
      1. Guidelines and Considerations for Project Scheduling
      2. The Critical Path Method
      3. Float Time
      4. Updating the Schedule
    5. Payment and Financing
      1. Contract Financing
      2. Prompt Payment Act
      3. Prompt Payments to Subcontractors
  5. INSPECTIONS, ACCEPTANCE AND WARRANTIES
    1. Government Inspection Process
      1. General Regulations
      2. Standard Construction Contract Clauses
      3. Inspection by the Contractor
    2. Acceptance
      1. Mode of Acceptance
      2. Effect of Acceptance
      3. Early Occupancy by Government
      4. Revocation of Acceptance
    3. Warranties
      1. Effect
      2. Types
      3. Government Remedies
  6. CHANGES AND DIFFFERING SITE CONDITIONS
    1. Formal Changes
      1. The Contract Clause
      2. Analysis of the Clause
      3. Notice Provisions Under the Clause
    2. Constructive Change Orders
      1. Definition of Constructive Change
      2. Doctrine of Constructive Change in the Changes Clause
      3. Significance of Constructive Changes
      4. The Need for Authority by Government Personnel
    3. Differing Site Conditions
      1. The Contract Clause
      2. Types of Differing Site Conditions
      3. Changed Conditions Subsequent to Contract Award
      4. Duty to Investigate Site
      5. Site Availability
      6. Ineffectiveness of General Disclaimers
    4. Notice Requirements
  7. TIME: DELAY, SUSPENSION AND ACCELERATION
    1. Contract Clauses
    2. Delays
      1. Excusable Clauses
      2. Concurrent Delays
      3. Delays and the Rice Doctrine
    3. Suspension of Work
      1. Analysis of Clause
      2. Requirement for Government Direction or Fault
      3. Reasonable vs. Unreasonable Delays
      4. Recoverable Costs
      5. Notice Requirements
    4. Acceleration
      1. Actual
      2. Constructive
    5. Cumulative Impact
  8. TERMINATIONS
    1. Terminations for Convenience
      1. Government's Right to Terminate
      2. Contractor's Rights Upon Termination
      3. Giving/Receiving Notice
      4. Termination Cost Principles and Monetary Recovery
      5. Partial Termination
      6. Termination vs. Deletion of Work by Change order
    2. Terminations for Default
      1. Bases
      2. Severable Contracts
      3. Requirement of the Exercise of Discretion
      4. Excusable Delays and Defaults
      5. Estoppel and Waiver
      6. Defenses Against Government Right to Terminate
      7. Government's Remedies Upon Default
      8. Actual vs. Liquidated Damages
      9. Contractor Remedies for Wrongful Termination
  9. CLAIMS AND DISPUTES
    1. Contract Claims
      1. The Contract Disputes Act
      2. Preparation of the Claim/Procedural Aspects
        • Notice Requirements
        • Burdens of Proof
      3. Elements of Recovery
        • Entitlement
        • Quantum
        • Limitations Under Applicable Clauses
      4. Determining Dollar Recovery
        • Direct Costs
        • Indirect Costs
        • Unabsorbed Overhead
      5. Relevant FAR Cost Principles
      6. Cost or Pricing Data Requirements
      7. Certification and Related Matters
    2. The Disputes Process
      1. Disputes Before the Boards of Contracts Appeals
        • Jurisdiction and Authority
        • Appeal Period
        • Procedures
      2. Disputes Before the Court of Federal Claims
        • Jurisdiction and Authority
        • Appeal Period
        • Procedures
    3. Other Remedies and Special Problems
      1. Ratification of Informal Commitments
      2. Extraordinary Contractual Relief
      3. Equal Access to Justice Act

Course Faculty

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 Federal Claims, the Court of Appeals for the Fourth Circuit, 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.

 

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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)
Caesars Palace
3570 Las Vegas Blvd S
Las Vegas, NV 89109
8662775944
RESERVATIONS AT GROUP RATE
The group rate is $169 per night, $32+tax per night. Guests may call Caesars reservations line at 1-866-227-5944. Please keep in mind there is a $15+tax processing fee. There is no fee with the weblink. https://aws.passkey.com/go/SCFPS7 . Rooms are subject to availability.
TRAVEL INFORMATION
The group rate is $169 per night, $32+tax per night. Guests may call Caesars reservations line at 1-866-227-5944. Please keep in mind there is a $15+tax processing fee. There is no fee with the weblink. https://aws.passkey.com/go/SCFPS7 . Rooms are subject to availability.
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.
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Introduction to Government Construction Contracting
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September 21-22, 2017 Las Vegas, NV
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