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Overview

This is a core course in government contracts and the training will address a wide spectrum of topics relating to government contract changes.

If you know government contracts, you know the significance of changes. If you don't know government contracts, but are becoming involved, you had better know the significance of changes. Without a doubt, the overwhelming number of operating problems and claims arising out of Government contracts center around questions of actual or constructive changes in the work. Seasoned contractors know this . . . the government knows this . . . attorneys, accountants and professional representatives for both camps know this. . .and you (we are sure) know this.

Course includes full coverage of the Changes Clause:

  • What constitutes a “change”?
  • Who can direct a change?
  • What is the duty to proceed?
  • Recognizing “constructive” changes
  • Notification requirements
  • Pricing equitable adjustments
  • Requesting and negotiating an equitable adjustment
  • Proving the equitable adjustment
No matter how keen your awareness, nor how advanced your level of knowledge, Government Contract Changes is a subject about which you can never know enough. Because topic is so active, volatile, and prone to new development, the failure to understand this topic and to stay abreast of changes can render your knowledge obsolete. Or, looking at it from the opposite angle, a dedicated effort to "keep current," without periodic reevaluations of the subject as a whole, can lead to the cliché-situation of having forgotten more than you know.

Who should attend:
The course highlights advanced topics that continue to challenge seasoned professionals, including: 
  • Contract Administrators
  • Directors of Contracting
  • Contracting Officers/Specialists
  • Program Managers
  • Program Engineers
  • Attorneys
  • Compliance Officers
  • Finance and Accounting Professionals
  • Subcontract Managers
Contractors and subcontractors seeking government contracts, and those performing contracts where contract changes may occur. Attendees should have at least a base-level knowledge of Government Contracting, the Federal Acquisition Regulations, and agency level FAR supplements.
 
Learning Objectives
 Upon completion of this course you will:
  • Have a working knowledge of changes and equitable adjustments
  • Apply pricing principles to adjustments or changes
  • Create formal request for an adjustment or change
  • Negotiate successfully an equitable adjustment
  • Develop an understanding of the regulatory underpinnings of a change or an adjustment
Dates/Locations
May 3-4, 2021
Hyatt Regency La Jolla at Aventine
La Jolla, CA
Travel Info
Standard: $1,375.00
Premium: $1,770.00
Register
Agenda
8:00 AM - 3:00 PM
Schedule for La Jolla, CA and Hilton Head, SC Weeklong Conferences
9:00 AM - 4:00 PM
Schedule for All Other Locations

Changes & Equitable Adjustments In Government Contracts Course Curriculum

WHY CHANGES CLAUSES?

  • Government operating flexibility
  • Correction of errors & omissions
  • Vehicle for government and contractor claims
     
CHANGES CLAUSE PEDIGREE
  • Early use
  • Original standard forms
  • Current final form clauses
  • Analysis of current clauses
     
BASIC CLAUSE COVERAGE
  • “Within the general scope of the contract”
  • Types of changes allowed
  • The “cardinal change” doctrine
  • Descriptive words
  • Deductive changes vs. convenience terminations
     
CHANGES AUTHORITY
  • Contracting office authority
  • Actual authority
  • Delegation of CO authority
  • Scope & limitations of authority
  • Interpretations & rulings
     
C.O. DELEGATIONS OF AUTHORITY
  • Contract-related Government representatives
  • Apparent authority doctrine
  • Expressly delegated authority
  • Impliedly delegated authority
  • Ratification
  • Imputed knowledge
  • Limitation of authority clauses
  • Contractor protection techniques

CONTRACTOR’S DUTY TO PROCEED
  • Scope of duty to proceed
  • Effect of failure to proceed
  • Exceptions to duty to proceed
  • Need for communication

FORMAL CHANGE ORDERS & MODIFICATIONS
  • Origination of changes
  • Processing the change
  • Types of change orders
  • Issuing the change

COST-REIMBURSEMENT CONTRACTS
  • Defining a “change”
  • Technical direction clauses
  • Limitation of Cost/Limitation of Funds clauses
  • Cost ceilings

VALUE ENGINEERING
  • Value engineering basics
  • Value engineering clauses
  • Types of savings
  • Administration of the clauses
     
THEORY OF CONSTRUCTIVE CHANGES
  • The doctrine
  • Types of constructive changes
  • Impact of the doctrine

CONTRACT INTERPRETATION
  • Principles of contract interpretation
  • Allocating the risk of misinterpretation
  • Types of constructive change orders
  • Ambiguity as a constructive change
  • Duty to inquire & clarify
  • Industry practice

CONSTRUCTIVE CHANGES - DEFECTIVE SPECS
  • Basic theory
  • Implied warranty of specifications
  • Impossibility/impracticality of performance

CONSTRUCTIVE CHANGES – FAILURE TO DISCLOSE
  • Superior knowledge doctrine
  • Elements of implied duty to disclose
  • Availability of government information
  • “Best Opportunity” rule
  • Availability of information to the contractor
  • Government knowledge of contractor ignorance
     
CONSTRUCTIVE CHANGE - ACCELERATION
  • Elements of constructive acceleration
  • Excusable delays
  • Notice to Government of delay
  • Acceleration orders
     
SCHEDULE CHANGES
  • Critical path analysis
  • Gantt charts
  • PERT charts
  • Improvement curves
  • Labor, material & loss of learning cost calculations
  • Government claims for delay
  • Liquidated damages
 
PRICING EQUITABLE ADJUSTMENTS
  • Principles of equitable adjustments
  • Pricing added work
  • Pricing deleted work
  • Overhead & profit
  • Special problems & exceptions
  • Costs of processing claims
     
PRICING CHANGE-RELATED COSTS
  • Delay costs
  • Unabsorbed overhead
  • Idle labor & lost efficiency
  • Increased costs under other contracts
  • Costs of change-order proposals
  • Self-insurance expenses
     
SPECIAL EQUITABLE ADJUSTMENT CASES
  • Defective specifications
  • Acceleration
  • Incentive contract changes
     
PROVING THE EQUITABLE ADJUSTMENT
  • Burden of proof rules
  • Detailed proof
  • “Jury verdict” method
  • “Total cost” method

NOTICE OF REQUESTS FOR EQ ADJUSTMENT
  • Obligations
  • 30-day notice requirements
  • Constructive changes
  • Effect of final payment

PRICE ADJUSTMENT PROCEDURES
  • Contractor requests for price increases
  • “Cost or Pricing Data” requirements
  • Other price adjustments

PRICE NEGOTIATION & CONTRACT MODS
  • Negotiating the adjustment
  • Bilateral contract mods
  • Effect of contract mods
  • Negotiating procedures & techniques
Experts
  • Michael Killham
    Experienced Corporate Counsel
    Michael A. Killham is a California attorney specializing in U.S. Government procurement and subcontracting support. He provides legal advice, training, and assistance concerning all aspects of federal and commercial contracting and fiscal law, including but not limited to subjects relating to Contra...
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
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.

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.