A custom-crafted program for industry and Government procurement professionals. A rare opportunity to spend two information-packed days with the nationally recognized authority on contract administration — Professor Ralph C. Nash, Jr. — whose leadership, innovation, and insights continue to guide the way in procurement. The foundation of Government contracting is: Contract Administration. Without effective, solid administration, any type of Government contract — whether it is for a product or a service. . . large or small. . . can face enormous hurdles, problems, claims, and disputes. As participants will find, this Workshop takes on the substantive issues of contract administration directly and aggressively. Each day of the Workshop will deal with specific, concrete administration problem areas. These areas will be illuminated, dissected, sharply analyzed and resolved — through discussions, lectures, and problem-solving exercises. Keeping with the advanced nature of this program, you will also learn proven techniques for avoiding disputes. Strategies to use, when disputes do arise, will be covered also. Each attendee will receive a copy of the nationally-acclaimed text, the newly published fourth edition of Administration of Government Contracts for use during the program and as a desk-reference after the Workshop is over. In addition, selected copies of THE NASH & CIBINIC REPORT will be used to focus on key issues. By the end of the course, you will be able to use these tools to identify practical, legal, equitable and ethical solutions to problems you are sure to face in contract administration.
In short, all of the elements have been carefully selected and crafted to give you the most practical, advanced program on contract administration possible. We hope you will be able to participate in one of the sessions.
Advanced Government Contract Administration Workshop Course Curriculum
1. AN OVERVIEW OF CONTRACT ADMINISTRATION
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What Is Contract Administration?
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The Rules
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Where The Rules Originate
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The Govt’s Authorized Agents
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Standards Of Conduct
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Liability Of Govt Employees
2. INTERPRETING CONTRACT DOCUMENTS
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Key Definitions
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The Goals Of Interpretation
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Contract Wording — A Detailed Review
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Questions / Problems Following Contract Analysis
3. CHANGES IN CONTRACTS
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The Changes Clause
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Notice Requirements
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Change Orders
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Causes
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Damages
4. DELAYS
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Excusable
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Compensable
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Standard Clauses
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Causes
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Damages
5. USING GOVT PROPERTY
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Overview
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Govt Obligations
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Contractor Obligations & Remedies
6. RECOGNIZING THE RISKS IN THE PROCESS
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Faulty Representations & Statements
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Nondisclosures
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Warranty Issues
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Good Faith & Fair Dealing
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Performance Impracticability & Mistakes
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Allocating The Risks Fairly
7. ACCURATELY PRICING ADJUSTMENTS
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Basic Computation Rules
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Proving The Amount
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Claim Preparation Costs
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Defective Pricing Claims By The Govt
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Calculating Overhead & Profit Figures
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Delay & Impact
8. DIFFERING SITE CONDITIONS
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The Standard Contract Clause
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Type I & Type II Conditions
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Contract Breach
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Contractor’s Duty To Inspect The Site
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Govt Disclaimers
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Notice & Procedure
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Exculpatory Clauses
9. INSPECTION, ACCEPTANCE & WARRANTIES
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Govt Rights
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Inspection Procedures
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Rejection & Correction
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Acceptance
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Express & Implied Warranties
10. PAYMENT
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Discharge
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Contract Payments
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Standard Clauses
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Prompt Payment Act
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Debt Collection Procedures
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Remedies & Setoffs
11. TERMINATIONS FOR CONVENIENCE
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Govt’s Rights
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Procedures
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Constructive Termination
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Contractor Recovery
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Settlement Principles & Procedures
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Partial Terminations
12. TERMINATION FOR DEFAULT
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Bases For Termination
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The Decision
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Contractor Defenses
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Govt Remedies
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Procedures
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Damages
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Liquidated Damages
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Contesting The Termination
13. THE DISPUTES PROCESS & ADMINISTRATION
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The Process
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The Disputes Path
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Asserting Contractor Claims
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The C.O.’s & The Administrator’s Roles
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Remedies
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Overview Of The Contract Disputes Act
Course Director
Ralph C. Nash, Jr. Nationally recognized as one of the leading and most respected authorities in Government procurement, Ralph Nashs guidance, insights and innovations have been at the forefront of the contracting profession for decades. Now a Professor Emeritus of Law at The George Washington University, Professor Nash established and became the founding Director of the Law Schools Government Contracts Program. Designed to provide a solid framework for teaching, research and writing in Government procurement, the program is a leading U.S. educational resource in Government contracting today and Professor Nash continues as a vital part of the program.
In addition to an active role in consulting for Government agencies, private corporations, industrial organizations and law firms on procurement matters, Professor Nash continues to educate the contracting community through programs sponsored by educational institutions, professional societies and professional associations. He has served as a member of the governing Council of the American Bar Associations Section of Public Contract Law and as a Judge on the Atomic Energy Commission Board of Contract Appeals. In addition, Professor Nash is a Fellow of the National Contract Management Association and serves on the NCMAs Board of Advisors.
Author of one of the most respected texts ever written on a procurement subject-Government Contract Changes-he has co-authored a number of the basic texts on procurement matters, including: Formation of Government Contracts, 3d ed. 1998; Administration of Government Contracts, 4th ed. 2006; Cost Reimbursement Contracting, 3rd ed. 2004; and Competetive Negotiation: The Source Selection Process, 2d ed. 1999.
He is the author of theFederal Publications Monthly publication, The Nash & Cibinic Report.
Professor Nash received his Bachelor of Arts degree from Princeton University and his Juris Doctor degree from The George Washington University.
