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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. Click here for more faculty information. These individuals will not "teach" you government procurement. Rather, they will take you beyond, delving into areas which 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 for 2019 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 Thursday. Classes on Friday begin at 8:00 AM and end at 11:00 AM.

Dates/Locations
May 3-7, 2021
Hyatt Regency La Jolla at Aventine
La Jolla, CA
Travel Info
Standard: $2,045.00
Premium: $2,440.00
Register
July 26-30, 2021
The Westin Hilton Head Island
Hilton Head Island, SC
Travel Info
Standard: $2,045.00
Premium: $2,440.00
Register
September 13-17, 2021
The Flamingo Hotel
Las Vegas, NV
Travel Info
Standard: $2,045.00
Premium: $2,440.00
Register
Agenda
Day 1
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
 
Day 2
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
 
Day 3
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
 
Day 4
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
 
Day 5
8:00 AM - 11:00 AM
Schedule for La Jolla, Hilton Head and Las Vegas Gov't. Contracts Weeks
9:00 AM - 12:00 PM
Arlington, VA
Agenda 4.5 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
  • David Black
    Partner, Holland & Knight
    David S. Black is co-chair of the National Government Contracts Practice. He practices in the area of government contracts counseling and dispute resolution. His practice includes representing contractors in protests, claims under the Contract Disputes Act, responding to government investigations an...
  • 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
    Sajeev is a Partner and co-leader of the Forensics Government Contacts Services Practice at Ernst & Young LLP, based in the Washington, DC area. Over his 25 years of experience in industry and serving clients and counsel, Sajeev has served as the lead on several high profile matters related to g...
  • James M. Weitzel
    Retired Senior Counsel
    James M. (“Jay”) Weitzel, Jr. has over four decades of experience in the field of Government Contracts. He began his career as a contract administrator with the Defense Contract Administration Services. He then moved to the Naval Air Systems Command, where he worked as a contract negotia...
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
Hyatt Regency La Jolla at Aventine
3777 La Jolla Village Drive
La Jolla, CA, 92122
8585521234
Hotel & Room Block Info

We have a room block secured for the La Jolla weeklong event. For guest room reservations, call 800.937.8461 and reference the Federal Publications room block. Group rate is $239 + taxes/night. Click here https://www.hyatt.com/en-US/group-booking/JOLLA/G-FP21 to make your reservation. You must make your reservation by April 1, 2021. Rooms are subject to availability.

Government Per Diem

A limited number of Government per diem rate rooms have been set aside. Click here https://www.hyatt.com/en-US/group-booking/JOLLA/G-FP21/PER DIEM to make your reservation. You must make your reservation by April 1, 2021. Rooms are subject to availability.

General Information

Food & Beverage

During La Jolla Government Contracts Week, we will be serving continental breakfast, lunch and an afternoon snack each day.

The Flamingo Hotel
3555 Las Vegas Blvd S
Las Vegas, NV, 89109
7027333111
Hotel & Room Block Info

We have a room block secured at the Flamingo Hotel for Las Vegas Week.  Visit https://book.passkey.com/go/SFFPS1 to reserve your room. Group rate is $94 + taxes + daily resort fee of $35/room/night. You must make your reservation by Friday, August 10, 2021. Rooms are subject to availability.

General Information

Food & Beverage
Continental breakfast, lunch and afternoon coffee will be served.

The Westin Hilton Head Island
2 Grasslawn Avenue
Hilton Head Island, SC, 29928
8886278551
Hotel & Room Block Info

We have a room block secured for the Hilton Head weeklong event. For guest room reservations, click here. Group rate is $269 + taxes, plus a Resort Charge of $17/room/night (this is reduced from the normal $28/night). You must make your reservation by July 5, 2021. Rooms are subject to availability.

Government Per Diem

Please note that we have reserved a limited number of guest rooms at the government per diem. These rooms are limited to one attendee per qualifying company. You will be required to present a valid Government ID upon check-in to confirm use of the government rate. To make a reservation, click here.

General Information

Food & Beverage
During Hilton Head Week, we will be serving continental breakfast, lunch and an afternoon snack each day.

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.