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Basics Of Government Contracting
2008 Dates and Locations:

August 12-14
Flamingo Las Vegas
Las Vegas, NV
9:00a.m.-4:00p.m.
REGISTER ONLINE

September 16-18
E-Street Conference Center
Washington, DC
9:00a.m.-4:00p.m.
REGISTER ONLINE

October 21-23
Flamingo Las Vegas
Las Vegas, NV
9:00a.m.-4:00p.m.
REGISTER ONLINE

Registration Fee $995
CLE Hours
This Course is Eligible for
16.5(60 minute)
19.8(50 minute)
More CLE Info
CPE Hours
This Course is Eligible for
19.0(CPE)
hours of credit.
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
More CPE Info

This is a fundamental course in Government contracting covering, in critical-point fashion, the key elements you need to function effectively in today’s Federal procurement world. Further, the program covers a comprehensive amount of ground in an easily digestible manner in clear, concise terms you can swiftly apply to your individual work and operations.

Who is this course for? First, and most obviously, for the relative newcomers to Government contracting. Second, for specialists who have been working in limited areas of procurement—those who have not had the opportunity to familiarize themselves with the total picture. Third, for veterans who feel the need for an effective refresher, to be brought up-to-date on new rules, new procedures, new rights, and new remedies.

It is a truism in education that basic courses should be taught by the best teachers—by professionals who have the ability to explain clearly and to maintain the students’ interest. Our Course Faculty, you will find, meets these standards. Further, they have the additional advantage of speaking from experience, since each is a specialist involved daily in procurement matters.

Basics of Government Contracting
Course Curriculum
  1. The Setting
    1. Legislative Branch
    2. Executive Branch
    3. Judicial Branch
    4. Regulations
      1. Federal Acquisition Regulation
      2. Agency regulation
      3. Deviations
    5. Purchasing Offices
    6. The Procurement Process
      1. Establishing requirements
      2. Procurement methods
      3. Soliciting sources
      4. Government representative activities

  2. Sealed Bidding
    1. Invitation for Bids
    2. Correcting IFB Deficiencies
    3. Bid Preparation
      1. Instructions to bidders
      2. The complete package
      3. Formulating price quotes
      4. Acknowledging amendments
      5. Aids outside bid package
    4. Bid Opening
      1. Procedures
      2. Late bids
    5. Eligibility For Award
      1. Bid responsiveness
      2. Responsibility of bidders
      3. Mistakes in bids
      4. Bid protests
    6. Issuance of Award
    7. Two-Step Sealed Bidding

  3. Competitive Negotiation
    1. Conditions Permitting Competitive Proposals
    2. Requests for Proposals or Quotations
    3. Response Preparation
    4. Timeliness of Response
    5. Written/Oral Discussions
    6. Best and Final Offers
    7. Contract Types
      1. Fixed price
      2. Cost reimbursement
      3. Other types
    8. Post Award Notice and Debriefing
    9. Protests

  4. Costs
    1. Cost Principles
      1. Applicability
      2. Allowability
      3. Reasonableness
    2. Cost Accounting Standards
      1. Applicability
      2. Exemptions and waivers
      3. Contractor obligations
    3. Defective Pricing
      1. Requirements
      2. Submitting certified data
      3. Government recovery for defective data
    4. Government Audit Rights

  5. Specifications
    1. Design vs. Performance
    2. Purpose
    3. Types
    4. Deviations and Waivers
    5. Standards and Descriptions
    6. Availability of Specifications and Standards
    7. Qualified Products
    8. Government Warranty of Specifications
    9. Impossibility of Performance
      1. Contract interpretation rules
      2. Assumption of risk
      3. Actual and practical impossibility
    10. Remedies for Specification Problems

  6. Inspections and Warranties
    1. The Inspection Process
    2. Inspection Clauses
    3. Government Inspection
    4. Contractor Inspection
    5. Rejection and Correction
    6. Acceptance
      1. Conclusiveness
      2. Implied acceptance
      3. Exceptions to conclusiveness
    7. Warranties
      1. Implied
      2. Express
      3. Effect of warranties

  7. Contract Changes
    1. Standard Clauses
      1. Fixed-price contracts
      2. Cost reimbursement contracts
    2. Authority for Changes
    3. Contractor Duty to Proceed
    4. Value Engineering Clauses
    5. Formal Change Orders
      1. Contractor proposed
      2. Government originated
      3. Issuing changes
    6. Constructive Changes
      1. Government acts
      2. Defective specifications
      3. Nondisclosure of vital information
      4. Construction acceleration

  8. Differing Site Conditions
    1. Standard Clause
    2. Notice
    3. Conditions Covered and Not Covered
    4. Site Availability
    5. Site Investigation Duty
    6. General Disclaimers

  9. Subcontract Basics
    1. Nature of Subcontracts
    2. Privity
    3. Subcontractor Remedies
      1. Disputes procedures
      2. Other procedures
    4. Government Control

  10. Terms and Conditions
    1. Influence of the UCC
    2. Effect of Government Clauses
    3. Subcontract Clauses

  11. Claims Before the Contracting Officer
    1. Assertion of Claims
    2. Certification Requirements
    3. Fraudulent Claims
    4. Final Decision
      1. Content and timing
      2. Importance
    5. Extraordinary Contractual Relief
      1. Types of relief
      2. Relief procedures
      3. Petitions and decisions

  12. Terminations for Default
    1. Nature of Default Termination
    2. Bases for Default
      1. Failure to timely perform or meet specifications
      2. Failure to make progress
      3. Failure to otherwise perform
    3. Incorrect Default Basis
    4. Excusable Delays
    5. Waiver of Delivery Date
    6. Contractor Liability
    7. Contesting Default Termination

  13. Terminations for Convenience
    1. Nature of Convenience Termination
    2. Methods of Termination
    3. Termination Procedures
    4. Contractor Recovery
      1. Procedures
      2. Limitations
      3. Cost principles
      4. Special termination costs
      5. Settlement expenses
      6. Subcontractor claims
      7. Profit
      8. Loss contracts
    5. Partial Terminations

  14. Delays and Suspensions
    1. Delay Under Default Clause
      1. Excusable delay concept
      2. Weather and labor delays
      3. Concurrent delays
    2. Suspension of Work Clause
      1. Affirmative suspensions
      2. Constructive suspensions
      3. Recoverable costs
      4. Notice requirements

  15. Liquidated Damages
    1. Standard Clause
    2. Enforceability Criteria
    3. Contractor Defenses
    4. Measuring Assessment Period

  16. The Disputes Process
    1. Contract Disputes Act Procedures
    2. Appealing Contracting Officer’s Decision
    3. Disputes Clause
    4. Disputes Path
    5. Contesting Award Decisions

  17. Appeals to Board of Contract Appeals
    1. Initial Steps
    2. Discovery and Subpoenas
    3. Alternative Proceedings
    4. Regular Hearings

  18. Federal Court Proceedings
    1. Federal Courts Improvement Act
    2. Claims Court Practice and Trials
    3. Appeals to Court of Appeals
    4. Court of Appeals Processes

Louis A. Chiarella    is an attorney in the Washington, DC area with more than ten years experience specializing in government procurement law. In addition to his current position, he has previously served as Professor of Contract and Fiscal Law, Army Judge Advocate General's School, Charlottesville, Virginia; Chief of Administrative and Civil Law, Fort Carson, Colorado; Trial Attorney, US Army Contract Appeals Division, Arlington, Virginia. Serves as Adjunct Professor of Contract and Fiscal law, Army Judge Advocate General's School, Charlottesville, Virginia; Board of Directors, Hawaii Procurement Institute. Bachelors of Arts degree, University of Notre Dame; Juris Doctor degree, State University of New York (SUNY) at Buffalo; Master of Arts degree, Catholic University of America; Masters of Laws degree, Army Judge Advocate General's School.

Kenneth J. Allen    Mr. Allen now a general counsel in the private sector, has practiced government law for over 28 years, and he lectures frequently on government contract and fiscal law for Defense agencies, the American Society of Military Comptrollers, and the Army War College. His previous assignments have included acquisition counsel for the Army and Defense Information Systems Commands, legal advisor on fiscal law to the Defense Business Management University, administrative and labor lawyer for the U.S. Army in Europe and the Federal Labor Relations Authority, and several assignments as an active duty judge advocate. He is a graduate of the Brandeis School of Law, University of Louisville, the Army JAG School resident basic and advanced courses, the Army Management Staff College, National Defense University, and the Army War College.

Jonathan H. Kosarin    Deputy Counsel, Special Projects Division, U.S. Navy Office of General Counsel. Previously served as Associate Counsel of the Naval Supply Systems Command; Associate General Counsel and Director of Procurement Law, Federal Home Loan Bank Board; European Trial Attorney and Attorney Advisor at the U.S. Army Headquarters in Heidelberg, Germany; Trial Attorney, U.S. Army Contract Appeals Division. Serves as Adjunct Professor of Contract Law, Army Judge Advocate General’s School in Charlottesville, VA; Adjunct Instructor of Procurement and Contracting, University of Virginia. Bachelor of Arts degree, magna cum laude, Syracuse University; Juris Doctor degree, Brooklyn Law School; Master of Laws degree in Government Procurement Law, George Washington National Law Center.

Michael A. Killham is a Senior Counsel in the Office of General Counsel of Raytheon Company, a large U.S. defense contractor. He is responsible for legal aspects of government and commercial contracting, subcontracting, export-import compliance, and litigation management. Before joining Raytheon, he was the General Counsel & Secretary of Thales-Raytheon Systems Company LLC, and Division Counsel for two operating divisions of Litton Industries, Inc. He has served as a Trial Attorney in the Civil Division (Procurement Fraud Branch), U.S. Department of Justice, Washington, D.C.; as Senior Professor of Contract and Fiscal Law on the faculty of the U.S. Army Judge Advocate General's School, Charlottesville, Virginia; as a Trial Attorney for the U.S. Army Contract Appeals Division, Arlington, Virginia; and as a Criminal Prosecutor in Germany. Mr. Killham received a Bachelor of Science degree from the United States Military Academy at West Point, a Juris Doctor degree from Notre Dame Law School, and a Master of Laws degree (with emphasis on U.S. Government Procurement) from The Judge Advocate General's School. He is a graduate of the U.S. Army Infantry Officer's Basic Course, Ranger School, Airborne School, and Command and General Staff College, and has served in several positions as a company grade infantry officer in the 82d Airborne Division at Ft. Bragg, North Carolina..