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New! Attend Administration of Government Contracts Virtually
April 25-26, 2017

Experience the same collaboration, instructor interaction and learning benefits as if you were physically in the classroom. 
 Please register at least 2 weeks before the course to ensure that course materials can be shipped to you in time for the start of class. 

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 and numerous hands on case studies 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.

Some Things to Know About Our Virtual Classes

We use a technology platform called 
Conference Client, which is 2-way video and audio streaming.

Important: Technology Requirements
You must have the following: 

  • Webcam
  • Mic and speakers OR a headset.  For the best audio experience, a headset is preferable.
  • Conference Client must be installed (click here for more information)

In addition, for the most successful experience we strongly recommend:

  • You should have full privileges to install software on and configure the device(s) you will use.
  • Avoid using wireless internet network connections.  Wireless connections are inherently unstable and vulnerable to many factors outside the scope of our control.
  • Recommended minimum bandwidth is 3 Mpbs.

Course Materials
Course materials for our virtual classes are exactly the same as the materials you'd receive if you attended the class in person. Be sure to register for the virtual class at least 2 weeks prior to the start of the class to ensure that you'll get your materials in time.

This virtual instructor-led course is currently not accredited for CLE, CPE or CLP.

Virtual courses are designed to be taken virtually by one individual.  If you have a group, please contact us at 888.494.3696 to discuss group or multi- user options. 

Dates and Locations

This course will be scheduled soon. Please enter your information below to receive a notification when the class is scheduled.

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9:00 AM - 4:00 PM

Course Curriculum


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


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


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 & Plttleman 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’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 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
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
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.
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:
This Program is eligible for: 0 (CPE) hours of credit
Program Level: n/a
Program Prerequisite: n/a
Advance Preparation: n/a
Method: n/a
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** 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.
This Program is eligible for: 0 (60 minutes),
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
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.
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.
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Administration of Government Contracts - Virtual
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