• The enormous range of contract & subcontract opportunities
• How and where the DEAR differs from the FAR
• Source selection procedures
• Unique contract performance issues
• The special liabilities contractors face
• Indemnification and environmental compliance issues

The Department of Energy (DOE) contracts out a higher percentage of its budget than nearly any other Federal Government agency. Awarding contracts for research and development, operation of DOE facilities, environmental protection, environmental remediation, and more, the DOE offers enormous business opportunities for contractors and subcontractors.

For contractors, this specially developed course will detail the specific contracting opportunities available with DOE, and, of great significance, the wide range of subcontracts available under DOE prime contracts. With DOE contracts — with complex rules that can greatly differ from the FAR and the DFARS — contracting can present tough problems and traps for the untrained or unwary. This course also analyzes aspects of Government contracting that are unique to DOE, including management and operating (M&O) contracts, newer types of contracts, conflicts of interest, indemnification matters, and more.

For Government representatives, the course guides attendees through the issues that are faced every day — source selection, administration of award fee contracts, terminations, and more.

Further, for all parties involved in DOE contracting, the program covers:

• DOE's historical and current missions and goals.
• DOE-unique types of contracts.
• DOE source selection procedures.
• Performance issues unique to DOE contracts — including liability of contractors for nuclear accidents.
• Organizational conflicts of interest regulations and their impact on future contracting opportunities.

The details are spelled out in the balance of this brochure: the Course Curriculum: the exceptional Course Faculty; and the comprehensive Course Materials each attendee will receive — a copy of the Department of Energy Acquisition Regulation (the DEAR) and a copy of the Federal Acquisition Regulation (the FAR).

1. DOE
   1. Organization
   2. Mission
      1. Energy research
      2. Clean-up & restoration of weapons facilities
   3. History
   4. Contracting Framework
      1. Offices
      2. Funding
   5. Management & Operations (M&O) Contracting

2. THE DEPARTMENT OF ENERGY ACQUISITION REGULATION [DEAR]
   1. Purpose
   2. Similarities & Differences to the FAR
   3. Construction with the FAR
   4. Acquisition Letters
   5. Other Guidance

3. TYPES OF CONTRACTS AVAILABLE
   1. M&O Contracts
      1. Historical background
      2. Unique aspects
      3. Subcontracts under M&O contracts
   2. Research & Development
   3. Construction & A-E Contracts
   4. Supply
   5. Cost Reimbursement Contracts
      1. Fixed fee contracts
      2. Incentive contracts
      3. No fee contracts
   6. Fixed Price Contracts
      1. Firm fixed-price contracts
      2. Fixed price level-of-effort contracts
   7. Indefinite Delivery Contracts
   8. Other

4. SOURCE SELECTION PROCEDURES
   1. Procurement Synopsis Requirements
   2. Competition Requirements
      1. For full & open competition
      2. Exceptions
      3. Under M&O Contracts

5. THE SOURCE SELECTION PROCESS
   1. Sealed Bid Procurements
   2. The RFP
      1. Source Evaluation Board
      2. Source selection official
      3. Technical evaluation
      4. Business & management evaluation
      5. Price/cost evaluation
      6. Past Performance
      7. Oral Presentations
   3. Determining Profit & Fee
      1. Policy
      2. Weighted guidelines system
   4. Architect & Engineering Procurements
   5. Small Business Set-Aside Procurements

6. PROTESTS OF DOE CONTRACT AWARDS
   1. Agency Protests
   2. GAO
   3. Court of Federal Claims
   4. Subcontracts Under M&O Prime Contracts

7. PERFORMANCE & LIABILITY ISSUES
   1. Changes
   2. Patent & Data Rights
      1. DOE policy on acquisition & use of technical data
      2. Patent rights under DOE contracts
   3. Liability to Third Persons/Indemnification
   4. Cost Allowability
      1. Award fee disputes
      2. Limitation of Cost Clauses
      3. Audits
         1. Inspector General
         2. DCAA
   5. Organizational Conflicts of Interest (OCI)
   6. Payments/Financing
      1. Policy
      2. Prompt Payment Act implementation
      3. Deductions
   7. Guarantees
   8. Performance
   9. Terminations

8. DISPUTES
   1. Requirements for a Claim
      1. Elements
      2. Submission
   2. Final Decisions
      1. Timing
      2. Deemed denial of claim
   3. DOE Board of Contract Appeals
      1. Procedures
      2. Effect of decisions of other Boards & Courts
      3. Appealing decisions

James F. Nagle, with Oles Morrison Rinker & Baker LLP of Seattle, Washington, is a nationally known expert in government contracts and construction law. Jim received his Bachelor's degree from Georgetown University School of Foreign Services; his J.D. from Rutgers; and his LL.M. and S.J.D. in government contracts from the National Law Center, George Washington University.

Mr. Nagle has written four books on federal contracting, " Federal Procurement Regulations: Policy, Practice and Procedures," (American Bar Association Press [ABA], 1987); "How to Review a Federal Contract and Research Federal Contract Law, Second Edition," (ABA Press, 2000); "Federal Construction Contracting," (Wiley Law Publications, 1992); "The History of Government Contracting, Second Edition," (George Washington University Press, 1999). He has also co-authored and co-edited "Washington Building Contracts and Construction Law," (Butterworth(now Aspen) Publishers, 1994) and The Second Edition of Whelan & Nagel, Cases on Federal Government Contracts (Foundation Press, 2002), the leading government contracts law school casebook.

Robert J. Burke is a partner with Oles Morrison Rinker & Baker LLP in Seattle, Washington, and co-chair of the firm's Construction and Public Contract Law Group. His practice focuses on the resolution of complex construction disputes for contractors, owners and design professionals on a national level, with particular emphasis in Washington, California, Alaska and the Northwest.

Bob has extensive knowledge of federal procurement and related matters, in part gained while serving as a government trial attorney before the Armed Service Board of Contract Appeals.

Since joining the firm, Bob has worked to resolve numerous major construction disputes including major projects in Boston, Pittsburgh, Dallas, Los Angeles, Honolulu and Seattle.

Bob is a member of the Seattle-King County, Washington State and American Bar Associations. He serves as Region VIII chair of the Public Contract Law Section. He is also a member of the American Bar Association's Forum Committee on the Construction Industry.

Bob received his law degree from the University of South Carolina and holds a bachelor's degree in political science from Villanova University.

Bob is a Colonel in the United States Army Reserve (JAGC).

Michael Schestopol is a partner with Oles Morrison Rinker & Baker, LLP in Seattle, Washington. His practice has emphasized the resolution of construction disputes and related topics, such as bid protests and termination claims. Mr. Schestopol has lectured extensively to both national and international forums on bid protest issues as well as compliance with government-mandated socioeconomic program (Affirmative Action, Equal Employment Opportunity requirements, and Minority and Women's Business set asides). His articles have been published by the Washington State and American Bar Associations, Federal Publications, Inc., and the Washington State Attorney General's Office.

Mike received a Bachelor's degree from Washington State University. After post-graduate work at the University of Oregon, he served in the U.S. Army until entering the University of Washington School of Law, where he received his juris doctor degree.

Mr. Schestopol is a member of the Public Contract Law Section of the American Bar Association, the Forum Committee of the Construction Industry, and the Construction Specifications Institute. He has appeared in state and federal courts throughout the western United States, as well as before various boards of contract appeals and the U.S. Claims Court. He serves frequently as an arbitrator.