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Formation of Government Contracts

2008 Dates and Locations:

March 25-26
Huntsville Marriott
Huntsville, AL
REGISTER ONLINE


Registration Fee $995

Daily Schedule
9:00a.m.-4:00p.m.
CLE Hours
This Course is Eligible for
11.0(60 minute)
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CPE Hours
This Course is Eligible for
13.0(CPE)
hours of credit.
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
More CPE Info

In this special course, Professor Nash guides us through the basics of contract formation while bringing us up to date on what has changed — and continues to change — in this critical area of procurement. Starting with formation principles, coverage extends through competition, bidding, and negotiation procedures. It continues with extensive coverage of the types of contracts (over 200 pages of text) through pricing, costs, and award controversies.

A special treatment of source selection issues is included: Selecting evaluation factors and standards; capability factors; the genuine fairness and conduct of past performance evaluations; how information is now compiled and interpreted; on-going interpretations and reinterpretations of the FAR 15 rewrite; the newest precedents set by oral presentations; new definitions of what a proposal is; the expanding limits of oral communications — these issues, and more, have created the need for a dynamic, thoroughly up-to-date analysis of the advanced issues that contract formation poses to industry and government representatives on a daily basis.

Conducted by the nation’s leading authority and recognized pioneer on procurement, Professor Ralph C. Nash, Jr., this highly concentrated course offers sharp, sophisticated, immediately usable insights into the most complex key areas of contract formation. The course presents you with powerful subject examination, highly charged question/answer discussion opportunities, and the opportunity to learn from the experiences and practices of your peers who will be in attendance.


1. Contracting with the Government

a. Agencies and Transactions
b. Contracting Powers
c. Authority of Government and Contractor Personnel
d. Standards of Conduct in Government Procurement

2. Contract Formation Principles
a. Mutual Assent
b. Binding the Parties

3. Contractor Qualification
a. Responsibility
b. Debarment / Suspensionn

4. Competition in Contracting
a. Acquisition Planning
b. Specifications / Solicitations
c. Best Value Source Selection
d. New Developments / Advanced Issues in
Source Selection e. Commercial Items
f. Procurement through Negotiation

5. Sealed Bidding

a. Bidding and Opening
b. Responsiveness
c. Evaluation and Award
d. Mistakes

6. Types of Contracts
a. Basic Policies
b. Fixed Price Contracts
c. Cost-Reimbursement Contracts
d. Incentive Contracts
e. Variable Quantity Contracts
f. Level of Effort Contracts

7. Contract Pricing

a. Required Analytical Techniques
b. Price Analysis
c. Cost Analysis
d. Profit

8. Collateral Policies
a. Small Businesses
b. Domestic Preference Policies
c. Labor Standards

9. Contract Award Controversies
a. Forums
b. Protests
c. Interrelationships of Forums

10. Remedies
a. Standards of Review
b. Procedures


Course Director

Ralph C. Nash, Jr. Nationally recognized as one of the leading and most respected authorities in Government procurement, Ralph Nash’s 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 was first appointed to the faculty of the Law School in 1960, where he immediately established and became the founding Director of the Law School’s 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 Association’s 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 NCMA’s Board of Advisors.

Author of one of the most respected texts ever written on a procurement subject-Government Contract Changes-he has co-authored, with a fellow contracting pioneer John Cibinic, a number of the classic, most authoritative books produced on procurement matters, including: Formation of Government Contracts, 3d ed. 1998; Administration of Government Contracts, 4th ed. 2006; Cost Reimbursement Contracting, 2nd ed. 1993; and Competetive Negotiation: The Source Selection Process, 2d ed. 1999. Professor Nash is co-author, with John Cibinic, of the 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.