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Overview


The Masters Institute in Government Contracting is a specially conceived, advanced program in government contracting. We have offered this program for several years and are pleased to once again offer the Institute - completely updated for this presentation.

Course Faculty
The foundation of the Institute is its exceptional faculty - five professionals who are yours for five days. These individuals will not "teach" you government procurement. Rather, they will take you beyond, delving into areas that have not been fully explored; considering problems to which there may be no immediate, definite answers; proposing strategies that can directly affect your activities. 

Course Format/Structure
Each day will be spent in a variety of ways: lectures; case studies; illustrative examples; group discussions; individual questioning; and considering questions on any procurement subject - not only on matters scheduled to be raised that day. In addition, Institute attendees will receive several manuals of original materials prepared by the faculty. Finally, we believe you will greatly benefit from your association with the other attendees - all of whom are expected to be on your professional level. This Institute is, in short, a unique educational endeavor. In our view, it continues to be one of the most exhilarating procurement programs we offer. We trust your view will be similar.

Course Agenda
The course agenda has been updated to cover major legislative, regulatory and other policy developments. We will go into depth on a number of topics:

  • The government contracts process: systems and institutions
  • War on procurement fraud (e.g. terminations, FCA)
  • Changes & equitable adjustments in government contracts
  • Constructive changes and government misrepresentations
  • Formation, source selection, and past performance
  • Commercial item acquisition
  • Contracting for services
  • Contract negotiations in the new acquisition environment
  • Preparing and defending claims
  • Claims litigation
  • Terminations
  • Equitable adjustment and cost recovery
  • Cost principles

For detailed information on the course agenda, click here.

Learning Objectives
After completing this course, you will be able to:

  • Effectively understand the current role of government in the procurement process 
  • Have a practical understanding of the statutory structure of acquisition
  • Apply recent cases to current work projects to avoid issues
  • Keep up to date on recent rule changes, proposed rules and regulatory challenges within the acquisition framework
  • Impact of executive orders and other memos related to acquisition
  • Discuss False Claims and fraud investigations to mitigate risk
  • Mitigate suspension and debarment actions
  • Respond to and develop a strategy on changes
  • Request an equitable adjustment 
  • Define the role of the CO’s change authority
  • Determine cost reimbursements and price adjustments
  • Identify illegal contracts and remedies
  • Review an LPTA and develop a strategy 
  • Decide on course of action based on past performance
  • Decide and determine authority of a change
  • Determine commercial item status
  • Effectively protect your intellectual property
  • Respond to changes in the Federal Supply Schedule
  • Identify conflicts of interest in service contracts
  • Create a strategy for a debrief
  • Manage terminations
  • Manage recovery of payments
  • Develop a dispute strategy
  • Develop a plan for cost recovery or an equitable adjustment

Who Should Attend
The Institute is specifically designed for government contract professionals who are already well experienced in procurement.

Note on Class Start Times
The start and end times for the La Jolla, CA; Hilton Head, SC; and Las Vegas, NV (September weeklong) locations are earlier than at other locations. Classes will begin at 8:00 AM (breakfast/registration at 7 AM) and end at 3:00 PM on Monday through Friday.

Dates/Locations
May 6-10, 2024
Hyatt Regency La Jolla at Aventine
La Jolla, CA
Travel Info
Request Group Quote
Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 651.666.2030.
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July 22-26, 2024
The Westin Hilton Head Island
Hilton Head Island, SC, United States
Travel Info
Request Group Quote
Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 651.666.2030.
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September 9-13, 2024
Planet Hollywood Resort
Las Vegas, NV, United States
Travel Info
Request Group Quote
Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 651.666.2030.
Thank You
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December 9-13, 2024
American Management Association
Arlington, VA, United States
Travel Info
Request Group Quote
Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 651.666.2030.
Thank You
You will be contacted shortly.
Agenda
8:00 AM - 3:00 PM
Schedule for La Jolla, Hilton Head and Las Vegas Gov't. Contracts Weeks
9:00 AM - 4:00 PM
Arlington, VA
Agenda 5 Days

DAY ONE

The Government Contracts Process: Systems and Institutions
  • Key Participants
  • Role of Congress Procurement and Public Management
  • Statutory Structure
  • Commercial Items, Acquisition of Services, and Other Drivers of Policy
  • Claims and Protests
  • Socioeconomic Considerations
  • Task Order Contracting
  • Executive Orders and Better Buying Power
  • Acquisition “Reform” (1980-today)
War on Procurement Fraud
  • Terminations
  • Civil False Claims Act
  • Audits and Investigations
  • Mandatory Disclosure
  • Suspension and Debarment
  • Current Enforcement Environment
DAY TWO

Changes & Equitable Adjustments in Government Contracts
  • Why changes clauses
  • Changes clause pedigree
  • Basic clause coverage
  • The C.O.'s change order authority
  • C.O. delegations of authority
  • Contract interpretation
  • Formal change orders
  • Constructive changes- government misrepresentations
  • Price adjustments for changed work
  • Pricing change-related costs
Special equitable adjustment cases
  • Proving costs
  • Cost reimbursement contracts
Value engineering
  • Changes in data
  • Claims presentation and defense
DAY THREE

Formation, Source Selection, and Past Performance 
  • Short Introduction:  Procurement Bloopers by a Founding Father (Thomas Jefferson, Construction of U.Va., and Public Procurement Snafus)
  • Formation:  Illegal Contracts and the contractor’s remedy – Case Studies
  • Formation:  Enforceability of an uneconomical options – Case Studies
  • Source Selection:  Pushing Back on LPTA – Review of Developments and Practical and Strategic Impacts
  • Past Performance:  Receiving evaluation credit for the past performance of affiliates – Case Studies
Commercial Item Acquisition
  • Commercial Item Acquisition – Key Concepts
  • Palantir Case (Fed. Cir. 2018) – Case Study in Market Research re Availability of Commercial Items
  • Christian Doctrine and K-Con Case (Fed. Cir. 2018) – Case Study
  • Reforms re Commercial Items – 2019 NDAA
  • Intellectual Property Issues
  • ASBCA Case re Commercial license – Case Study
  • GSA rule regarding unenforceable provisions
  • Other Transactions and Access to Commercial Technology and Non-Traditional Defense Contractors
  • GAO’s Jurisdiction
  • Oracle Decision – Case Study
  • Unique Issues in Federal Supply Schedule Contracting (Time Permitting)
                       
Contracting for Services
  • Status of Obama EO reforms
  • “Bait & Switch” Protests re Key Personnel 
  • Ethics Issues in Service Contracts
  • OCIs in Service Contracts
Contract Negotiations in the New Acquisition Environment
  • Proposal Submission:  “Late is Late” conflict between GAO & COFC
  • Discussions vs. Clarifications
  • Debriefing/Awardee scenario – release of bottom-line pricing.  What can you do? (Case Study)
  • New Debriefing Rule – and Debriefing Strategy
  • Fed. Cir. Dell case – corrective action included protests (Time Permitting)
DAY FOUR

Preparing and Defending Claims
  • Claims during performance
  • Preparing claims narrative
  • Pricing the claims
  • Presenting the claims to government
Claims Litigation
  • Negotiating with contractor
  • The final decision
  • Additional government considerations
  • Appealing adverse decision
  • Board vs. court
Terminations
  • Types of terminations
  • Default terminations
  • Government right to terminate
  • Grounds for default
  • Recovery of progress payments
  • Liquidated damages
  • Dost-type contract damages
Convenience termination
  • Termination procedures
  • Contractor's dollar recovery
  • Partial terminations
  • The settlement proposal
  • Disputes
DAY FIVE        

Cost Principles
  • Applicability
  • Advance agreements
  • Basic considerations regarding cost allowability
  • Selected costs
  • Limitation of cost clause
  • Retroactive cost disallowances
  • Changes in accounting methods
  • Profit
  • Educational institutions
Experts
  • Eric Crusius
    Partner, Holland & Knight
    Eric, a Partner at Holland & Knight specializing in Government Contracts, Internet/Technology Law, and representing businesses of all shapes and sizes, was named a Super Lawyers Rising Star. This honor is only given to the top 2.5% of attorneys who meet certain criteria. Eric has appeared as a g...
  • W. Jay DeVecchio
    Partner, Washington, Morrison & Foerster
    W. Jay DeVecchio is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to compl...
  • Peter J. Eyre
    Partner, Crowell & Moring
    Peter J. Eyre is a partner and co-chair of Crowell & Moring's Government Contracts Group. He is also a member of the firm's Management Board. Peter was named to BTI Consulting Group’s list of "Client Service All-Stars" in 2016, 2017, and 2019 and has been named an...
  • J. Chris Haile
    Partner, Crowell & Moring
    J. Chris Haile is a partner at Crowell & Moring with extensive experience in government procurement law. Mr. Haile litigates disputes and counsels clients in a broad range of government contract matters, with particular emphasis on the resolution of contract disputes. For example, Mr. Hai...
  • Sajeev Malaveetil
    Partner, Ernst & Young LLP
    Sajeev is a Partner at Ernst & Young LLP, leading the Forensics Government Contracts Services Practice in the Washington, DC area. With over three decades of experience in the industry, Sajeev has taken the lead on numerous high-profile government contract issues, including pricing, compliance,...
  • Nicole Owren-Wiest
    Partner, Crowell & Moring
    Nicole Owren-Wiest is a partner with Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office, and leads the Group's cost accounting practice. Nicole is nationally ranked by Chambers USA in Government Contracts and a recognized leader in accounting, cos...
  • Erin Rankin
    Counsel, Crowell & Moring
    Erin Rankin is counsel in the Government Contracts Group and is experienced in resolving government contract disputes with a particular focus on cost allowability, cost accounting issues, and DCAA audit findings. Erin also advises clients on all aspects of FAR and DFARS compliance in connection with...
  • David Robbins
    Partner, Jenner & Block
    David B. Robbins is a partner and co-chair of the firm’s Government Contracts Practice. Mr. Robbins is an experienced litigator, investigations lawyer, and strategic business counselor with a broad skillset focused on ethics, compliance, M&A/diligence, investigations, crisis management, an...
  • Catherine Shames
    Associate, Crowell & Moring
    Catherine O. Shames is an associate in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm’s Government Contracts Group. Catherine’s government contracts practice focuses on contract claims/disputes under the Contract Disputes Act (CDA), prime-sub dispu...
  • Franklin Turner
    Partner, McCarter & English
    Mr. Turner is a Partner and Co-Leader of the Government Contracts & Export Controls Practice Group. He is an innovative business lawyer with significant experience resolving complex government contracts issues for a broad array of companies – ranging from multinational Fortune 100 corporat...
  • Cara Wulf
    Partner, McCarter & English
    Cara Wulf is a partner in the Government Contracts & Global Trade practice group at McCarter & English. She focuses her practice on government contracts and regulations. She has extensive experience counseling clients regarding compliance with federal, state, and local public procurement req...
  • M Yuan Zhou
    Of Counsel, Crowell & Moring
    M. Yuan Zhou is a counsel in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm's Government Contracts Group.

    Yuan’s practice includes a wide range of investigatory, counseling, and transactional capabilities, including: internal investigations...
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: 29.50 (CPE) hours of credit
Program Level: Advanced
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live Classroom
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: 25 (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: 24.75 (60 minutes), (50 minutes)
Travel
American Management Association
2345 Crystal Drive, Second Floor
Arlington, VA, 22202
5714812208
Hotel & Room Block Info

Federal Publications Seminars doesn’t have a room block for this location. AMA does not arrange hotel accommodations. However, AMA has negotiated preferred rates at the following hotels based upon availability. Be sure to mention that you are an AMA conference attendee to secure your reservation and preferred rates. Contact the hotels below directly. Note: that we recommend that reservations be made early, as the number of rooms at preferred rates is limited.

Hyatt Regency Crystal City
Click here to reserve using the AMA preferred rate. For AMA’s preferred rate enter corporate code 00433. 
Reagan National Airport
2799 Jefferson Davis Highway
Arlington, VA 22202
AMA Reservation Number 1-703-418-1234

Renaissance Arlington Capital View Hotel

Click here to reserve using the AMA preferred rate.
2800 South Potomac Avenue
Arlington, VA 22202
AMA Reservation Number 1-703-413-1300

METRO RAIL LINE:

Yellow & Blue Line – METRO Stop – Crystal City
From the METRO - AMA is 2 blocks east and 4 blocks south on Crystal Drive
http://www.amaconferencecenter.org/washington-directions-maps.htm

General Information

FOOD AND BEVERAGE
Coffee (regular & decaf), tea and water will be served throughout the day with an afternoon snack (baked goods) break. Breakfast and lunch are on your own.

Hyatt Regency La Jolla at Aventine
3777 La Jolla Village Drive
La Jolla, CA, 92122
18585521234
Hotel & Room Block Info

There is a room block for this location. The rate is $244/night plus taxes. To reserve your room, click here.  Reservations under this room block must be made by April 7, 2024.

If you need additional assistance, please get in touch with the Hyatt at 877.803.7534.

Government Per Diem
There is a government per diem rate for this location. The rate is $194/night plus taxes. To make your reservations, please click here. Reservations under this room block must be made by April 7, 2024.
General Information

FOOD AND BEVERAGE
Continental breakfast, buffet lunch, and an afternoon snack will be served.

Planet Hollywood Resort
3667 Las Vegas Blvd South
Las Vegas, NV, 89109
8669197472
Hotel & Room Block Info

There is a room block for this location. The rate is $99/night plus taxes. To reserve your room, click here. Reservations must be made by August 6, 2024.

Please note that upon booking your reservation, your credit card will be charged a deposit equal to the first night's room and tax. To avoid forfeiture of deposit, please ensure all changes and cancellations are made at least 72 hours prior to the scheduled arrival date.

General Information

Food & Beverage
Continental breakfast and lunch will be served.

The Westin Hilton Head Island
2 Grasslawn Avenue
Hilton Head Island, SC, 29928
8436814000
Hotel & Room Block Info

The room block rate for The Westin Hilton Head Island is SOLD OUT.  Please refer to the following list of nearby hotels on the island:

NOTE: Federal Publications Seminars does not provide shuttle transportation to/from the host hotel (The Westin) from overflow hotels.

Government Per Diem

Government Per Diem rates are now sold out.

General Information

Food & Beverage

Continental breakfast and lunch will be served.
In-House
Bring Federal Publications Seminars to your location! If you would like to offer this course in-house, please contact us.
Schedule Training
Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 888.865.9082.
Thank You
You will be contacted shortly.
CMBOK Alignments
Leadership
Character
Collaboration
Competence
Emotional Intelligence
Vision
Management
Business Management
Change Management
Financial Management
Project Management
Risk Management
Supply Chain Management
Guiding Principles
Communication and Documentation
Contract Principles
Regulatory Compliance
Situational Assessment
Skills and Roles
Standards of Conduct
Team Dynamics
Pre-Award
Plan Sales
Plan Solicitation
Prepare Offer
Request Offers
Award
Manage Disagreements
Plan Negotiations
Price or Cost Analysis
Select Source
Post-Award
Administer Contract
Close Out Contract
Ensure Quality
Manage Changes
Manage Subcontracts
Learn
Continuous Learning
Individual Competence
Organizational Capability
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.