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Overview

“All phases . . . and a little bit beyond.”

Who can quarrel with the concept of “truth in negotiation”? The principle that, in negotiating prices for contracts and changes, contractors should inform the Government of the data upon which their quotations are based — that they should not, in other words, mislead the Government or play games with the taxpayers’ dollars — is certainly commendable. Few would say that this is not a proper object for the Government to pursue or a reasonable standard to which contractors should adhere. But saying it is easier than doing it. And there’s the problem . . . and there’s the reason for this course.
 
The subject is not a new one. It’s been with us since 1962, when Public Law 87-653 was enacted. Because of its significance, it has been covered — from its inception — in other general procurement courses. But its presentation often led to frustration spawned by the many questions to which there were no definite answers. With the passage of years, however, have come a host of developments, a more complete definition of the defective pricing requirements, and — most importantly — an accumulation of experience in cost and pricing data problems.
 
Therefore, we can devote two full days to intense instruction on the subject. We can help you deal with those practical operating problems that sometimes are at odds with the principles of truth in negotiation. We can detail the full range of possible penalties that you may face should your prices be defective — and catalog the battery of defenses available to charges of defective pricing. Now, we can analyze some questions that are still unanswered — but analyze them in a more predictable way, based upon a respectable body of precedents. Now, in short, we can offer you our special course: Defective Pricing.
 
As developed by Federal Publications, the course is intended to serve all those, in both Government and industry, who have any connection with pricing matters. It takes you through all phases of the subject . . . and a little bit beyond, into areas of innovative theory and practice. For 11 classroom hours, you will be instructed — by a Course Faculty of distinction — in rules, interpretations, techniques, practical application...and probabilities. They will be 11 hours of work. But — as attested to by those who attended previous sessions — they will be 11 hours of reward.
Dates/Locations
No upcoming dates/locations at this time
Agenda
AGENDA

DAY 1

8:00 – 9:00 AM
Registration 

9:00 – 12:00
(ONE 15 MINUTE BREAK)
1. A Panorama 
a. Background and History 
b. The Contractual Setting
c. Rationale 
2. Capsule of The Rules 
a. Truth in Negotiations Act 
b. False Claims Act 
c. Miscellaneous Fraud Statutes 
d. “Inspection” Clause Remedies 
e. Relationships and Overlaps 

TRUTH IN NEGOTIATIONS 
3. Requirements of Public Law 87-653 
a. Applicability 
b. Certified Cost or Pricing Data 
c. “Price Reduction” Clause 
d. Exemptions and Exceptions 
e. Government Audit Rights

12:00 – 1:00 PM
(LUNCH BREAK)

1:00 –4:00 PM
(ONE 15 MINUTE 
BREAK)
4. Exemptions & Exceptions 
a. Adequate Price Competition 
b. Established Catalog or Market Price 
c. Federal Acquisition Streamlining Act Commercial Item Exemption 
d. Prices Set By Law or Regulation 
e. Secretarial Waiver 
f. The Dollar Floor 
g. Proving Exemptions 
h. Mandatory Vs. Discretionary Exemptions 
i. Partial Application of Exemptions 
j. Exemptions Improperly Granted 
k. Appealing Exemption Denials 
l. Non-Exempt Contract Terminations 
m. Cumulation of Changes

DAY 2
8:00 -9:00 AM
Registration 

9:00 AM – 12:00 
(ONE 15 MINUTE 
BREAK)

5. Contractor Submission of Data 
a.     Defining “Cost or Pricing Data” 
b. Data Submission Requirements 
c. Refusal To Submit Data 
d. Type of Certification 
e. Absence of Certification
 
6. Government Disclosure of Cost-Facts 
a. Extent of Government Duty 
b. Possible Contractor Recourse 

12:00 – 1:00 PM
Lunch Break

1:00 – 4:00 PM
(ONE 15 MINUTE
 BREAK)
7. Government Audit Rights
a. The Contracting officer 
b. Defense Contract Audit Agency 
c. General Accounting office 
d. Proposed Regulation Changes 
8. Subcontractor Data
 a. Prime’s Submission of Subcontractor's Data 
b. Prime’s Liability for Subcontractor's Data 
c. Prime’s Audit of Subcontractor's Books 
d. Subcontractor's Liability To Prime and Government 
e. Mandatory Subcontract Clauses 
f. Suggested Subcontract Clauses 
9. Contractor’s Liability 
a. Basis For Government Recovery 
b. Calculation of Government Recovery 
c. Government Reliance On Defective Data 
d. Defective Data’s Effect On Price 
e. Setoffs 
f. Treatment of Contractor’s Legal Fees
g. Value Engineering vs. Defective Pricing
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 Cerifi LegalEdge 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: Intermediate
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
No travel information is available at this time
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.