An advanced course for government and industry representatives in the techniques of preparing, presenting and defending claims which arise out of federal government contracts.

Government Contract Claims encompasses two full days of intense instruction. Its approach is balanced: dealing with contractors' claims against the Federal Government and Government claims against contractors. Each side is shown how to recognize, prepare and present claims — and how to defend claims made against it. The course is designed both (a) for lawyers and (b) for non-lawyers (administrators, engineers, accountants, technical personnel) who must be able to spot potential claims, be sure those claims are timely filed, and provide essential backup for them.

In addition, the course director will use a number of practical exercises in an interactive session with the class to show how claims problems occur and are best dealt with in a practical setting.

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The Course Curriculum

1. Claims During Performance
   1. Root Causes
   2. Contract Requirements
      1. Analyzing them
      2. How much is called for
      3. Importance of biding documents
   3. Contract Performance Strategy
      1. Technical performance risks
      2. Management risks
      3. Government agency problems
   4. Early Claims Discovery
      1. Contracts administration function
      2. Engineering function
      3. Program management function
      4. Contract control function
      5. Overall management approaches
      6. Even vs. ex post facto approach
   5. Managing Specific Claims
      1. Managing Specific Claims
      2. Interpretation disputes
      3. Defective specs vs. impossibility
      4. Over-inspection & testing
      5. Withholding information
      6. Rejection of work
      7. Late payments
      8. Delays/Disruptions
      9. Acceleration
      10. Terminations
      11. Breach of contract
   
   
2. Preparing Claims Narrative
   1. When To Prepare
   2. Business Relations Issues
   3. Who Should Prepare
   4. Investigation Procedures
   5. Necessary Contents
   6. Common Elements
   7. Using Experts
   8. Certification
   9. Recovery Of Interest
   10. Fraud, Waste & Abuse
   
   
3. Pricing The Claim
   1. Total Cost
   2. Modified Total Cost
   3. Engineering Estimates-"Should Cost"
   4. Jury Verdict
   5. Using Outside Experts
   6. Pitfalls
   7. Fraud, Waste & Abuse Issues
   
   
4. Presenting Claims To Government
   1. Timing
   2. Dealing With Audits
      1. DCAA
      2. Technical
   3. Contracting Officer's Role
   4. Higher-Level Officials
   5. Dealing With Congress
   6. Negotiation Approaches
   7. Freedom Of Information Act
   
   
5. Claims Litigation
   1. Strategies
   2. Dealing with Officials
   3. Forum
   4. Educating The Judge
   5. Trial Attorneys
   6. Settlement Negotiations Techniques
   7. When To Settle
   8. When To Litigate
   
   
6. Govt Claims Against Contractor
   1. Strategies
   2. Default Termination
   3. Reprocurement Costs
   4. Unsatisfied Contract Requirements
   5. Liquidated Damages
   6. Actual Govt. Incurred Damages
   7. Consequential Damages
   8. Fraud Claims
   9. Overhead Problems
   10. Cost Disallowance Procedures
   
   
7. Avoiding Contractor Claims
   1. Documentation Approaches
   2. Reverse Contracting
   3. Requesting & Issuing Direction Letters
   4. Forward Pricing
   5. Not-To-Exceed Techniques
   6. Releases
   7. Contract Modification Techniques
   8. Actions On Related Contracts
   9. Final payments
   
   
8. Evaluating Contractor Claims
   1. What to Analyze
   2. Who to Assign
   3. Common Weaknesses
   4. Pricing Issues
   5. Early Claim Defeat
   
   
9. After Claims Submittal
   1. Dealing With Contractor
   2. Who To Speak With
   3. Senior Management Approaches
   
   
10. Negotiating With Contractor
    1. Who Negotiates
    2. When To Negotiate
    3. Settlement Strategies
    
    
11. The Final Decision
    1. Preparation
    2. Timing
    3. Contents
    4. Details
    5. Contractor Attacks
    6. Contractor Defenses
    
    
12. Additional Govt. Considerations
    1. Responsibility Of Contractor
    2. Appealing Adverse Decisions
    3. Board vs. Court

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Course Director

Roy S. Mitchell of Washington, DC Mediator, Arbitrator, and Neutral, Great Falls, VA. Former National Chair, Public Contract Law Section, American Bar Association • Extensive Government Contract experience representing agencies and contractors • Prolific author, including Preventing and Defending Claims, published by Federal Publications • Extensive international experience, having worked in 35 countries in his career • Formerly a founder and partner of an international law firm as well as a former senior partner in a prominent Washington, D.C. law firm • Principal at the Center for Management Development and Training (CMDT), an international management training company in the Washington, DC area • Roy was formerly President & COE, Construction Claims Group, Hill International, Inc. where he specialized in construction contract matters • A seasoned lecturer, Roy has taught nationally and internationally for more than 35 years.

 

© 2008 - Federal Publications Seminars