Contracting with the Federal Government for construction has its own unique and complex rules, standards, problems, and hurdles. It is the purpose of this special program to equip industry and Government representatives with the knowledge necessary to effectively and successfully obtain, manage, and complete Government construction contracts.

The exhaustive scope of subjects analyzed by the program is set forth in the detailed Course Curriculum . Its coverage includes not only general construction matters as they relate to the Government procurement process, but the specifics of inspections and warranties, delays and acceleration, dollar recovery, changes in the work, cost and pricing data requirements, contract terminations, remedies and special problems, and more.

You will be instructed on these subjects by noted Course Faculty — practitioners who are nationally recognized authorities on Government construction matters. In addition to their detailed lectures, each attendee will receive a comprehensive Course Manual of original materials prepared exclusively for this program.

For contractor and Government Representatives.

Government Construction Contracting Course Curriculum

1. INTRODUCTION TO FEDERAL CONSTRUCTION CONTRACTING
   1. Current Trends/Developments in the Construction Industry
   2. Overview of The Statutory and Regulatory Structure Governing Federal Construction
      1. Definition of "Construction"
      2. Federal Appropriations Law Requirements
      3. Contracting Under FAR Part 36
   3. Principal Contract Types
      1. Firm Fixed Price Contracts
      2. Cost Type Contracts
      3. Indefinite Quantity Contracts/Job Order Contracts
      4. Variations in Estimated Quantities
      5. Limitations on Concurrent Performance of Cost Type and Fixed Price Type Contracts
   4. Selected Socioeconomic Programs and Policies
      1. The Davis Bacon and Related Acts
         • History and Purpose of the Davis Bacon and Related Acts
         • Wage Determination Procedures
         • The Contract Work Hour and Safety Standards Act
         • Fair Labor Standard Act
         • The Copeland Act
         • Contract Obligations and Sanctions for Violations
         • Authority to Interpret Act
         • Special Problems
      2. Other Socioeconomic Policies and Considerations
      3. Foreign Purchases — Buy American Act for Construction Materials
      4. Design-Build Contracting
   5. Subcontract and Material-Provider Issues: The Miller Act
   6. Liquidated Damages
2. METHODS OF ACQUIRING CONSTRUCTION
   1. Special Construction Contracting Requirements
   2. Methods of Procurement - Competition v. Sole Source
   3. Sealed Bidding
   4. Contracting by Negotiation
   5. Two Phase Design-Build Selection Procedures
3. REMEDIES OF UNSUCCESSFUL OFFERORS
   1. Agency-Level Protests
   2. General Accounting Office
   3. Court of Federal Claims
   4. Small Business Challenges
4. CONTRACT PERFORMANCE AND SPECIFICATIONS
   1. Special contract Provisions for Construction Contracts
   2. Contract Specifications and Their Use
      1. Overview
      2. Purposes
      3. Minimum Compliance and Deviations
      4. Substantial Completion
   3. Interpretation of Contracts
      1. Applicable Law
      2. Intent of the Parties
      3. Rules and Aids in Interpretation
   4. Scheduling
      1. Guidelines and Considerations for Project Scheduling
      2. The Critical Path Method
      3. Float Time
      4. Updating the Schedule
   5. Payment and Financing
      1. Contract Financing
      2. Prompt Payment Act
      3. Prompt Payments to Subcontractors
5. INSPECTIONS, ACCEPTANCE AND WARRANTIES
   1. Government Inspection Process
      1. General Regulations
      2. Standard Construction Contract Clauses
      3. Inspection by the Contractor
   2. Acceptance
      1. Mode of Acceptance
      2. Effect of Acceptance
      3. Early Occupancy by Government
      4. Revocation of Acceptance
   3. Warranties
      1. Effect
      2. Types
      3. Government Remedies
6. CHANGES AND DIFFFERING SITE CONDITIONS
   1. Formal Changes
      1. The Contract Clause
      2. Analysis of the Clause
      3. Notice Provisions Under the Clause
   2. Constructive Change Orders
      1. Definition of Constructive Change
      2. Doctrine of Constructive Change in the Changes Clause
      3. Significance of Constructive Changes
      4. The Need for Authority by Government Personnel
   3. Differing Site Conditions
      1. The Contract Clause
      2. Types of Differing Site Conditions
      3. Changed Conditions Subsequent to Contract Award
      4. Duty to Investigate Site
      5. Site Availability
      6. Ineffectiveness of General Disclaimers
   4. Notice Requirements
7. TIME: DELAY, SUSPENSION AND ACCELERATION
   1. Contract Clauses
   2. Delays
      1. Excusable Clauses
      2. Concurrent Delays
      3. Delays and the Rice Doctrine
   3. Suspension of Work
      1. Analysis of Clause
      2. Requirement for Government Direction or Fault
      3. Reasonable vs. Unreasonable Delays
      4. Recoverable Costs
      5. Notice Requirements
   4. Acceleration
      1. Actual
      2. Constructive
   5. Cumulative Impact
8. TERMINATIONS
   1. Terminations for Convenience
      1. Government's Right to Terminate
      2. Contractor's Rights Upon Termination
      3. Giving/Receiving Notice
      4. Termination Cost Principles and Monetary Recovery
      5. Partial Termination
      6. Termination vs. Deletion of Work by Change order
   2. Terminations for Default
      1. Bases
      2. Severable Contracts
      3. Requirement of the Exercise of Discretion
      4. Excusable Delays and Defaults
      5. Estoppel and Waiver
      6. Defenses Against Government Right to Terminate
      7. Government's Remedies Upon Default
      8. Actual vs. Liquidated Damages
      9. Contractor Remedies for Wrongful Termination
9. CLAIMS AND DISPUTES
   1. Contract Claims
      1. The Contract Disputes Act
      2. Preparation of the Claim/Procedural Aspects
         • Notice Requirements
         • Burdens of Proof
      3. Elements of Recovery
         • Entitlement
         • Quantum
         • Limitations Under Applicable Clauses
      4. Determining Dollar Recovery
         • Direct Costs
         • Indirect Costs
         • Unabsorbed Overhead
      5. Relevant FAR Cost Principles
      6. Cost or Pricing Data Requirements
      7. Certification and Related Matters
   2. The Disputes Process
      1. Disputes Before the Boards of Contracts Appeals
         • Jurisdiction and Authority
         • Appeal Period
         • Procedures
      2. Disputes Before the Court of Federal Claims
         • Jurisdiction and Authority
         • Appeal Period
         • Procedures
   3. Other Remedies and Special Problems
      1. Ratification of Informal Commitments
      2. Extraordinary Contractual Relief
      3. Equal Access to Justice Act

Mr. Darst is admitted to practice in the District of Columbia, Virginia, and West Virginia. He is admitted to practice before the United States Supreme Court, the United States Court of Federal Claims, the Court of Appeals for the Fourth Circuit, and the United States District Courts for the Eastern District of Virginia and the Southern District of West Virginia.

Mr. Darst earned his B.A. from Marshall University and a J.D. from West Virginia University. After graduating from law school, Mr. Darst worked as an attorney with the United States Navy's Office of General Counsel and represented the Navy in matters involving the acquisition and administration of service and supply contracts for the Naval Sea Systems Command.

Lee P. Curtis is a partner with the Washington, D.C. office of Perkins Coie LLP. As a member of the firm's Government Contracts Practice Group, Mr. Curtis focuses his practice on representing clients in bid protests (including Small Business-size protests), claims preparation and dispute resolution.

Mr. Curtis has counseled and represented a wide cross-section of defense, construction and commercial item contractors in all aspects of federal and state procurement law. He has extensive experience in compliance, internal investigations, GSA Schedule and other commercial item contracting techniques, prime-sub relationships (including partnering, teaming and joint venture relationships), data rights and Freedom of Information Act issues, and construction and service contract labor requirements.

Mr. Curtis has successfully represented clients in protests, litigations and arbitrations before the General Accounting Office, the Postal Service, the Boards of Contract Appeals, the Court of Federal Claims, the Federal District Courts, and the Small Business Office of Hearings and Appeals, and in various agency-level procedures. He is a member of the bars of the District of Columbia and Pennsylvania, as well as being admitted to practice before the Court of Federal Claims.

Mr. Curtis received his B.A. from the Pennsylvania State University (magna cum laude and phi Beta Kappa) and his J.D. from the University of Pittsburgh School of Law (Order of the Coif). Before entering private practice, he served in the Department of Navy's Office of General Counsel representing and advising contracting officers in protests, litigation and investigations involving acquisition and contract administration matters.