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Overview
Now that you've been awarded a federal government contract, government and contractor team members’ focus shift to administering that contract in a way that ensures that the contractor performs the requirements and delivers a usable end item or service into the hands of the end user in a timely and efficient manner.

Contract admininstration is an element of both contract management and project management. During contract administration, the government team focuses on managing costs, monitoring contract compliance, performance and schedules, and ensuring quality standards are met.  The contractor team focuses on managing risk, compliance, performance, quality, costs, and profit.

Many issues and problems surface quickly during the contract administration phase. Both government and contractor personnel need to understand their rights and obligations under the contract and how to approach difficult situations and resolve problems to the mutual benefit of all parties to ensure that the end-users’ needs are satisfied in a timely and cost-effective manner. This specialized program covers critical post-award contract administration topical areas, including the applicable contract clauses and critical issues that routinely confront the parties during contract performance.

The course is designed to stimulate critical thinking and discussion on commonly encountered contract administration issues. The application of certain key clauses and recurring issues that arise during the contract will be emphasized throughout to reinforce the importance of contract administration to successful performance and compliance.


What you will learn:
This workshop is designed to explain the legal and regulatory underpinnings of federal government contract administration by addressing all aspects of effective contract administration from initial award through contract closeout. It will provide you practical experience to keep contract performance on track by alerting you to common pitfalls encountered throughout performance of a federal government contract. The workshop will also discuss the parties’ rights and obligations under various contract clauses if an issue does arise during performance.

Learning Objectives:  This is a student-centered course designed to teach you the basics through lecture to include:
  • What contract administration consists of, as well as the roles of various contracting personnel and their corresponding authority
  • The basic rules relating to cost accounting & reimbursement of costs under the FAR’s Cost Principles & Cost Accounting Standards
  • Subcontract placement, administration and flowdown provisions
  • Government Property used or acquired in performance of a contract
  • Effective management of changes, modifications and options
  • Production, performance, and schedules monitoring, addressing the effect of delays, disruption, and suspensions of work
  • The parties’ rights and obligations during the quality assurance process
  • Contract payments and financing
  • Contract terminations
  • Requests for Equitable Adjustment, formal claims and the procedures for resolving disputes related to contract performance
  • Contract close outs
  • And more...
Dates/Locations
December 8-9, 2021
American Management Association
Arlington, VA
Travel Info
Standard: $1,275.00
Enhanced: $1,670.00
Register
Agenda
8:00 AM - 3:00 PM
Schedule for La Jolla, CA and Hilton Head, SC
8:00 AM - 3:00 PM
Las Vegas September Weeklong Conference
9:00 AM - 4:00 PM
Schedule for All Other Locations

Course Curriculum

FIRST DAY
1)   Key Concepts, Players & Government Representatives – Their Effect On Contract Administration

  • Contract Administration – What Is It, What Is Its Purpose And When Does It Start/End?
  • Government Representatives – Their Role In The Contract Administration Process
    • Contracting Officers (PCOs, ACOs, CACOs & TCOs)
    • The Role Of The Contract Administration Office (“CAO)” In Contract Administration (FAR Subparts 42.2 and 42.3)
  • Other Contracting Officer Representatives And Their Role In Contract Administration
  • Authority of Government Personnel - Who Has It, Who Lacks It & Why Is It Important?
  • Proving Authority & Alternatives To Actual Authority

2)   Post-Award Contractor Orientation

  • Types, Purposes & Timing
  • Post-Award Orientation Meetings
    • Selecting Contracts For Post-Award Orientation
    • Procedures for Post-Award Orientation Conferences
  • Post-Award Letters
  • Post-Award Orientation/Guidance To Subcontractors

3)   Supply Chain Management – Administering Suppliers & Subcontractors

  • Definition of Subcontract & Subcontractor
  • Government Oversight
    • Consent/Notification Requirements vs. Purchasing System Reviews
    • Competition In Subcontracting
    • Other Areas Of Government Oversight
  • Small Business Subcontracting Issues
    • Small Business Subcontracting Plans
    • Limitations on Subcontracting
  • Subcontract Terms & Conditions – FAR Flowdowns & Tailoring Requirements
  • Resolving Disputes With Subcontractors

4) Costs Under Government Contracts

  • Overview & Applicability to Different Scenarios In Contract Administration 
  • The FAR’s Cost Principles
    • Direct Costs vs. Indirect Costs
    • Allowability & Allocability Of Costs
    • Provisional & Final Indirect Cost & Billing Rates
    • Disallowance & Penalties For Unallowable Costs
  • Cost Accounting Standards
    • Applicability & Exceptions
    • Overview of Full vs. Modified CAS Coverage & Standards
    • Disclosure Statements & Other Obligations
  • Forward Pricing Rate Agreements
  • Government Audit Rights

5)   Managing Government Property

  • What does Government Property Include?
  • Title To Government Property & Limitations On Use
  • Contractor’s Policies, Procedures & Systems
  • Government Oversight/Monitoring
  • Risk of Loss Or Destruction
  • Government Liability For Problems With Government Property

6)   Managing Changes, Modifications & Option Exercises

  • Types Of Modifications
    • Administrative Modifications
    • Bilateral Modifications vs. Unilateral Change Orders
    • Options
  • Elements & Types of Changes UnderThe Changes Clause
    • Formal/Express
    • Constructive Changes
    • Cardinal
  • Principles Of Contract Interpretation
  • Notice Requirements Under The Changes Clause
  • Value Engineering (FAR Part 48)
SECOND DAY

7)    Managing Production, Performance & Schedules

  • Performance Monitoring & Production Surveillance
    • Production Surveillance & Reporting
    • Earned Value Management Systems
    • Contractor Business Systems
    • Evaluating & Reporting Past Performance
  • Managing Schedules
    • Responsibility For Schedules
    • Government Delays, Suspensions & Stop Work Orders
    • Excusable vs. Nonexcusable Delays
    • Compensable vs. Noncompensable Delays
    • Concurrent Delays
    • Disruption & Cumulative Impacts
  • Acceleration
    • Actual
    • Constructive

8)   Quality Assurance -- Inspection, Acceptance & Warranties

  • The Government’s Inspection Process – The Parties Roles & Responsibilities In Quality Assurance
    • The Role Of Qualification & First Article Testing
    • Rights & Obligations Under Standard FAR Clauses
    • Commonly Encountered Problems
    • Strict Compliance, Deviations & Waivers
      • Substantial Completion/Substantial Performance
      • Economic Waste
      • Physical Impossibility & Defective Specifications
  • Government Pre-Acceptance Rights, Remedies & Responsivities
  • Acceptance
    • Mode Of Acceptance
    • Effect Of Final Acceptance
    • Revocation Of Acceptance
    • Latent vs. Patent Defects
  • Warranties 

9)   Invoicing, Payments & Financing 

  • Types Of Contract Payments & Financing
  • Types of Contract Financing – Traditional vs. Commercial Item Acquisitions
  • The Prompt Payment Act
  • The Effect Of Final Payment

10)       Terminations

  • Terminations For The Government’s Convenience
    • Government's Right To Terminate
    • Mechanics Of A Termination For Convenience
    • Contractor's Rights Upon Termination
    • Termination vs. Deletion Of Work by Change Order
  • Terminations For Default
    • Requirement The Exercise of Discretion
    • Bases For Default
    • Procedural Requirements
    • Defenses against Government Right to Terminate
      • Excusable Delays & Defaults
      • Estoppel & Waiver
  • Government's & Contractor’s Remedies upon Default

11)  Disputes & Equitable Adjustments

  • Requests For Equitable Adjustment vs. Formal Claims
    • Differences/Similarities Between REAs & Claims
    • Preparation of the REA/Claim -- Procedural & Substantive Aspects
    • Cost Or Pricing Data Requirements
    • Certifications & Related Matters
  • Elements of Recovery
    • Proving Entitlement
    • Proving Quantum – Different Methodologies For Quantifying Cost & Schedule Impacts On REAs & Claims
    • Additional Limitations under Applicable Clauses
  • The Contract Disputes Act
    • Claims Against & By the Government – Procedural Matters
    • The Contracting Officer’s Final Decision – Timing & Effect
    • Contractor’s Duty to Proceed
    • Overview Of The Appeals Process
  • Other Common Contractual Remedies

12) Contract Closeout

  • When Does It Occur & Why Is It Important?
  • Overview of Basic Steps In Contract Closeout
    • Fixed Price Contracts
    • Cost-Reimbursement Contracts
    • Other Contract Types
  • Quick Closeout Procedures
  • Contractor & Government Record Retention Rules
     
Experts
  • Brian A. Darst
    Attorney, Odin, Feldman & Pittleman

    Mr. Darst specializes in legal matters involving Government construction and service contract law and has extensive experience in the areas of contract formation and administration issues, bid protests, claims preparation and litigation, internal investigations, voluntary disclosures, procuremen...
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 11.0 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)
Travel
American Management Association
2345 Crystal Drive
Suite 200
Arlington, VA, 22202
5714812208
General Information
There is not a room block for this location. However, the AMA offers special hotel rates. Click here to see rates and reserve a hotel room.

Food & Beverage
Coffee service, water, hot tea, soda and juice will be available in the facility all day. Lunch is on your own and an afternoon snack will be served.
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Level
  • 100
    Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
  • 200
    Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
  • 300
    Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
  • 400
    Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
  • 500
    Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.