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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
April 3-4, 2017
Harrah's
Las Vegas, NV
$1275
REGISTER
April 25-26, 2017
MicroTek - Washington DC
Washington, DC
$1275
REGISTER
October 17-18, 2017
Executive Conference and Training Center
Sterling, VA
$1275
REGISTER
November 8-9, 2017
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. 
JOHN PRAIRIE, Wiley Rein LLP
John’s practice includes a broad range of litigation, counseling, and transactional matters for entities that work with federal, state, and local governments. John represents both traditional and “non-traditional” government contractors, as well as grant recipients, throughout all phases of the procurement and grant lifecycles, including: counseling clients on solicitations and notices of funding availability; structuring and negotiating teaming and subcontracting arrangements; bid protests; contract claims, terminations, and disputes; instituting and enhancing ethics and compliance programs for contractors and grantees; government investigations and audits; and suspension and debarment proceedings.

J.D., cum laude, Georgetown University Law Center
B.S., magna cum laude, Villanova University
Editor, Georgetown Law Journal
District of Columbia Bar
Virginia Bar
U.S. Court of Federal Claims
KEVIN MAYNARD, Wiley Rein LLP
Kevin represents clients on all aspects of federal, state, and local procurement matters, including contract claims and disputes, bid protests, government investigations and audits, civil false claims act actions, and compliance issues.

J.D., with high honors, The George Washington University Law School; Order of the coif
B.A., Cornell University
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.

Harrah's
3475 Las Vegas Blvd. S.
Las Vegas, NV 89109
888-458-8471
RESERVATIONS AT GROUP RATE

For guest room reservations , click here - https://aws.passkey.com/go/SHFED7 to receive a rate of $159/night plus taxes. Reservations must be made by February 3, 2017 and rooms are subject to availability.

For guests that prefer to phone in their reservations, you can call the hotel Reservation Center at 1-888-458-8471 to secure a reservation on your group block. However, be aware that a processing fee per reservation will be incurred if you choose not to use the aforementioned dedicated weblink. Reference the Federal Publications Seminars or Group ID SHFED7

TRAVEL INFORMATION

For guest room reservations , click here - https://aws.passkey.com/go/SHFED7 to receive a rate of $159/night plus taxes. Reservations must be made by February 3, 2017 and rooms are subject to availability.

For guests that prefer to phone in their reservations, you can call the hotel Reservation Center at 1-888-458-8471 to secure a reservation on your group block. However, be aware that a processing fee per reservation will be incurred if you choose not to use the aforementioned dedicated weblink. Reference the Federal Publications Seminars or Group ID SHFED7

Hyatt Regency Mission Bay Spa and Marina
1441 Quivira Road
San Diego, CA 92019
6192214823
RESERVATIONS AT GROUP RATE

Coffee, tea and water will be served throughout the day with an afternoon cookie break.  Breakfast and lunch are on your own. 

Room Block Information

Please call the Hyatt Regency Mission Bay Spa & Marina at 619-224-1234 and reference the “Federal Publications” room block.  Cut off date is 10/6/17 for all November course room blocks and are $219/night plus taxes.

TRAVEL INFORMATION

Coffee, tea and water will be served throughout the day with an afternoon cookie break.  Breakfast and lunch are on your own. 

Room Block Information

Please call the Hyatt Regency Mission Bay Spa & Marina at 619-224-1234 and reference the “Federal Publications” room block.  Cut off date is 10/6/17 for all November course room blocks and are $219/night plus taxes.

MicroTek - Washington DC
1110 Vermont Ave NW
Suite 700
Washington, DC 20005
RESERVATIONS AT GROUP RATE

You may follow this link http://www.mclabs.com/pages/students.aspx to access information about Microtek facilities including maps, driving directions and hotel information. Directions: Click “Find a Facility” and enter your city of interest and then “View Location.”  Click on the “Hotels” tab, select a hotel. Click on "Make Reservation" button.

Food & Beverages Served:
A light breakfast will be served; also morning and afternoon snack.  Assorted beverages will also be served. 

TRAVEL INFORMATION

You may follow this link http://www.mclabs.com/pages/students.aspx to access information about Microtek facilities including maps, driving directions and hotel information. Directions: Click “Find a Facility” and enter your city of interest and then “View Location.”  Click on the “Hotels” tab, select a hotel. Click on "Make Reservation" button.

Food & Beverages Served:
A light breakfast will be served; also morning and afternoon snack.  Assorted beverages will also be served. 

Register Now for:
Administration of Government Contracts- A Foundation of Successful Contract Management and Performance
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Date Location
April 3-4, 2017 Las Vegas, NV
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April 25-26, 2017 Washington, DC
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October 17-18, 2017 Sterling, VA
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November 8-9, 2017 San Diego, CA
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By Phone
Call (888) 494-3696