This workshop is designed to explain the legal and regulatory underpinnings of government contract administration, give you practical experience through case studies and alert you to 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 inspection, acceptance and final payment
• Understanding contract payments, contract financing and progress payments
• Learning about subcontract management and flowdown provisions
• Learning how to properly close out a contract
• Learning the elements of a claim and the forums for filing a dispute
• Understanding contract termination
• And more...

This specialized program covers critical contract administration topical areas, including the applicable contract clauses, forms, and relevant issues.

Now that you’ve been awarded a 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, 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 be interactive using participant centered approaches to stimulate critical thinking and discussion on relevant contract administration issues. The application of certain forms and key clauses will be emphasized throughout to reinforce contract administration issues.

The case studies will be solved in small groups, and then discussed in detail by the entire class to ensure complete understanding of the contract administration principles involved.

Your course instructors are seasoned practitioners in the field of procurement and contracts management. Mr. Lieberman is a former Deputy Inspector General at the Defense Department, practices government contracts on a day to day basis, and has taught more than 75 government contracts sessions to government and contractor personnel.

Mr. Lieberman is known for his competence, enthusiasm, humor and ability to teach and explain what's practical and important. Noted below are comments from students who have taken classes with him and Mr. Geldon.

• "Having spent 30 years in the commercial/business world, this provided the perfect overview of the nuances of government contracting...an outstanding look at the issues that affect my job..."
• "Use of scenarios helped me put it all in perspective and gain a better understanding"
• "Good broad overview of complexities - made it very clear"
• "[Mr. Lieberman was] easy to follow... and gave enough time to answer questions."
• "Mr. Lieberman was very knowledgeable, gave great explanations; experience is evident in the topic; good humor"
• [Mr. Geldon] "covered subject matter well. Had knowledge in all areas with many good examples"
• [Mr. Geldon] is a "very good communicator, thorough in getting information across"

Commercial vs. Government Contracts
Learn the important differences between operating in the commercial world and the world of government contracts.

• Statutory and Regulatory Framework
• Competition Requirements
• Types of Contracts
• Other Issues

Key Statutes, Rules and Regulations
All government contracts are based on statutes and regulations which you must understand in order to administer them successfully.

• Competition in Contracting Act
• Armed Services Procurement Act
• Federal Property and Administrative Services Act
• The Federal Acquisition Regulation System
• Federal Acquisition Streamlining Act
• Federal Acquisition Reform Act

Personnel
You can't tell the players without a scorecard, and there are significant differences among the players, which you must understand.

• Authority of Personnel - Who Has It and Who Lacks It
• Contracting Officers - PCO, TCO, ACO
• CO Representatives: COR/COTR
• Others

Contract Types
Administration can be quite different for the many different types of government contracts.

• Fixed Price/Fixed Price Incentive
• Cost Reimbursement, CPFF, CPI, CPAF
• Recurring Contracts - Indefinite Delivery, Indefinite Quantity and Requirements
• Schedule Contracts (MAS)

Financial Aspects
A variety of methods are available to finance your government contract. Learn how a contract qualifies for financing mechanisms and develop an understanding of their impact on pricing arrangements, fee adjustments, billing procedures and the company cash flow.

• Progress Payments, incl. SF 1433, Request for Progress Payments
• Loan Guarantees
• Advance Payments
• Unallowable Costs
• Payment of Indirect Costs
• Limitation of Costs

Subcontract Management
Government contracts are complex and generally require extensive subcontracting arrangements. Understanding the Government's rights and limitations with respect to subcontractors is essential. You will learn about reporting requirements and how to ensure compliance with this critical contract administration area.

• Privity of Contract
• Subcontracting Plans
• Consent Requirements
• Purchasing System Reviews
• Disputes with Subcontractors

Managing Contract Change
Changes are inevitable after contract award. Failure to properly manage the change process can result in legally unenforceable contracts, claims and disputes. Learn about the contractual authority for changes, the limitations these changes impose on the government, and the responsibilities they require of the contractor.

• SF 30, Amendments of Solicitation/Modification of Contract
• Supplemental Agreements
• Unilateral Changes
• Change Orders
• Constructive Changes
• Value Engineering Change Proposals

Monitoring, Inspection and Acceptance
The Government has substantial rights to monitor performance and to take appropriate steps when performance is unsatisfactory. You must understand procedures used by the Government to ensure compliance to specifications and how contract performance issues can lead to the threat of default.

• Delays
• Stop Work
• Terminations for Convenience
• Terminations for Default
• Documenting Past Performance

Payment and Disputes
Payment and the timely flow of funds are critically important. Understanding the terms of the contract and their impact on payment is essential. You will also learn the essential steps for closing out a contract.

• The Prompt Payment Act
• Invoicing
• Collecting Contractor Debts
• Claims/Requests for Equitable Adjustments
• Contract Closeout
• Disputes and Appeals Before the Board of Contract Appeals and the Court of Federal Claims

Other Issues
There are many other issues, including:

• Government Furnished Property
• Audits
• Investigations
• Defective Pricing/Price Reductions
• Cost Accounting Standards
• Labor Laws

Richard D. Lieberman is a principal in the Washington, D.C. firm of McCarthy, Sweeney & Harkaway, P.C., and has been a government contracts attorney for the past 20 years, concentrating on counseling government contracts clients, claims, bid protests, criminal investigations, audits, contract compliance programs and debarment proceedings. He is a former Deputy Inspector General and Assistant Inspector General of the Department of Defense, where he was involved in the planning and execution of internal auditing, contract auditing, investigations, and inspections. Mr. Lieberman also served for six years on the staff of the U.S. Senate Appropriations Committee where he reviewed appropriations requests for the Department of Defense, the Department of Agriculture, and the Food and Drug Administration.

Mr. Lieberman has practiced before the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, the District Courts for the District of Columbia and Maryland, various Boards of Contract Appeals. His books include: Elements of Contract Administration; Elements of Contract Formation; Anatomy of an Inspector General Investigation and Government Contract Compliance: Practical Strategies for Success.

Mr. Lieberman received a BA from Cornell University, and MA from the University of Wisconsin, and a JD from Georgetown University.

Fred W. Geldon is Counsel for EDS Federal, the business unit of Electronic Data Systems Corporation that performs contracts with agencies of the United States Government. He is responsible for handling or supervising all legal matters involving EDS' federal government customers including bid preparation, bid protests, contract and regulatory interpretation, claims, terminations, compliance, and disputes. Mr. Geldon has been a practicing attorney for nearly 30 years, both in private practice and with the Department of Justice.

Mr. Geldon has practiced before the United States Supreme Court, the U.S. Court of Federal Claims, District Courts, and various Boards of Contract Appeals and Administrative agencies. He has published a number of articles in the field of government contracts law and has lectured and participated in a variety of academic and professional government contracts programs.

Mr. Geldon received a BA from Princeton University, an MA from the University of California at Berkeley, and a JD from Harvard Law School.