Government Contracting, International Contracting and Export Control for Engineers & Project Managers

Special Offers/Discounts In-House Training Contact Us Home

Government Contracting, International Contracting and Export Control for Engineers & Project Managers

The Players
The Rules
The Documents
Money
Performance
Claims & Disputes
Export Controls

Look carefully at the title of this course: Government Contracting, International Contracting, and Export Control for Engineers & Project Managers. For engineers and project managers — a particular group. That's the focus. But why?

First, because engineers and project managers — though skilled producers and prodigious workers — are not necessarily schooled in the "mysteries" of Government contracting — the rights...obligations...remedies...pitfalls...involved in the procurement process.

Second, because there are few training programs designed specifically for their unique needs. Those procurement programs which do exist (and we sponsor a whole series of them) are generally intended for a mix of contracting personnel. Which means that they include some things which engineers and project managers don't need to know...and exclude some things which they do.

So — this special course: Government Contracting, International Contracting, and Export Control for Engineers & Project Managers.

As developed by Federal Publications, the Course Curriculum resembles to some extent those which you'll find in any general course on Government contracts. But the significant difference is how the Curriculum is taught. In this course it's taught from your perspective (the engineer...the project manager) — concentrating on the problems that you are likely to encounter...on what you should know. Consistent with this approach, certain topics routinely included in other programs have purposely been omitted — others not found elsewhere have been added.

If you choose to attend this program we cannot promise that you will emerge as a Government contract specialist. Two days of instruction — no matter how intense — won't do it. But you will, we feel, be a better engineer...a better project manager...because you'll be able to combine your technical skill with enough procurement knowledge to more likely assure practical success in your Government contract activities.

Course Curriculum

SOME BACKGROUND

INTRODUCTION TO GOVERNMENT CONTRACTS
1. Simple Beginnings
2. Rapid Growth
3. Compared to Commercial Contracts
GOVERNMENT PERSONNEL
1. Requirements Managers
2. Contracting Officers
3. Contracting Officer Reps
4. Contract Administrators
5. Engineers
6. Auditors
7. Pricing People
RULES AND REGULATIONS
1. Who Writes Them
2. The Regs
  1. Federal Acquisition Regulation (FARS)
  2. Defense Procurement Regulations (DFARS)
  3. GSA's Acquisition Regulation
3. Defense Security Cooperation Agency (FMF Contracts)
THE CONTRACTUAL DOCUMENT
1. General Provisions
2. Special Provisions
3. Work Statement
4. Incorporation by Reference
5. Drawings and Specifications
6. Spec Trees
7. Mil Specs
8. Spec Types/Assumption of Risk
9. Outside the "Four Corners"
CONTRACTS WITH FOREIGN GOVERNMENTS FMS/FMF
1. Contract Types
2. Mandatory Terms
3. Dispute Resolution
4. Parties and Role of DSCA
THE CONTRACTING PHASE
SEALED BIDS
1. Competition in Contracting
2. Invitation for Bid (IFB)
3. Preparing for the Bid
4. Importance of Price
5. Essentiality of Time
6. The Two-Step
COMPETITIVE PROPOSALS
1. Request for Proposal (RFP)
2. Tradeoffs
3. Request for Quotations (RFQ)
4. Sole Source Procurement
5. Unsolicited Proposals
THE NEGOTIATION PROCESS
1. Preparation
2. Negotiator's Role
3. Engineer's Role
4. Justifying Cost Structure
5. Supporting Fee Position
CONTRACT TYPES
1. Forms of Contract
  1. Firm-fixed-price
  2. Fixed-price incentive
  3. Cost-plus-fixed-fee
  4. Cost-plus-incentive-fee
  5. Cost sharing
  6. Term
  7. Best efforts
  8. Award fee
  9. Labor-hour
  10. Time and material
QUESTIONS OF MONEY
COST PRINCIPLES
1. Allowable Costs
2. Unallowables
3. Pre-Incurred Costs
4. Advance Understandings
5. R&D and B&P
FINANCIAL DATA
1. Truth in Negotiations
  1. Certified cost or pricing data
  2. Price reduction clause
  3. Govt right to audit
  4. Exemptions
2. False Claims Act
  1. What is fraud
  2. Penalties
PERFORMANCE PROBLEMS
CHANGES
1. The Changes Clause
2. Authority to Make Changes
3. The Unauthorized Order
4. Constructive Changes
  1. How they arise
  2. Design vs. performance specs
  3. Govt superior knowledge
  4. Impossibility of performance
  5. Changed conditions
  6. Govt engineer's role
5. Cardinal Changes
OVERRUNS
1. The Biggest Conflict
2. Causes of Overruns
3. Engineering Determination
INTELLECTUAL PROPERTY
1. Patents
  1. Who gets ownership
  2. Use of items
2. Technical Data
  1. Trade secrets
  2. Proprietary rights
3. Authorization and Consent
4. Patent Indemnity
INSPECTION
1. The Differing Clauses
2. The Process
3. Costs
4. Types of Inspection
5. Govt Obligations
  1. Proper notification of results
  2. Correct test procedure
  3. Test spec compliance
  4. Timely inspections
  5. Non-interference
6. Remedies for Defects
ACCEPTANCE
1. Legal Effect
2. Latent Defects
3. Role of Warranties
TERMINATION FOR DEFAULT
1. Grounds for Default
  1. Defective goods
  2. Missing the schedule
  3. Failure to make progress
  4. Anticipatory breach
2. Excuses
  1. Change in work
  2. Defective specs
  3. Impossibility of performance
  4. Govt interference
  5. GFP problems
3. Govt Remedies
TERMINATION FOR CONVENIENCE
1. Reasons for Clause
2. Procedures
3. Costs Involved
4. Settlement Proposal
5. Settlement Techniques
6. The Loss Contract
7. When Settlement Fails
CLAIMS AND DISPUTES
CLAIMS/DISPUTES
1. Definition
2. Recognizing Them
3. Engineering Analysis
4. Conduct While Claim Pending
5. Impact of Contract Disputes
6. Contracting Officer Decisions
  1. Findings of fact
  2. Determination of results
7. Taking the Appeal
EXPORT CONTROLS
1. Department of State/DoD
2. The Munitions List
3. What is an Export?
4. Hardware, Technical Data and Defense Services
5. Types of Licenses/Pitfalls of Temporary Licenses
6. Trouble
  1. Plant visits
  2. Exporting technical data
  3. Hiring the non-U.S. person
  4. License provisos
  5. Recent enforcement actions

The Course Director

Paul M. Meador Senior Counsel to Northrop Grumman Corporation with experience in U.S. Government contracts, international contracts, and export controls • Author and lecturer on Government procurement practices • Former Trial Attorney for the Department of the Air Force, concentrating on procurement litigation • Former Associate Editor of the ABA's Public Contract Law Journal • Juris Doctor degree from Arizona State University School of Law; Masters degree in Government Procurement Law from George Washington University.