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Overview

An information-packed two-day program for government, construction, and commercial contract professionals on how to successfully price and prove supply, service and construction contract claims.

Benefit immediately from special guidance on how to turn contract claims into recoverable dollar figures - with special coverage of the often complex, difficult elements of calculation and proof. Dynamic coverage of:

- Claims you are entitled to and should pursue
- The full range of dollars you are entitiled to recover
- The most effective techniques you can use to calculate the claim's value
- The legal framework
- How to analyze and price productivity
- Every cost and profit factor to include in claims
- How your claim can be presented in clear, indisputable terms
- Pricing equitable adjustments, direct costs, indirect costs
 - Successfully manage the special issues that can arise when pricing and proving claims from delays, contract breaches, and termination ...and much more.

The program focuses on techniques for preparing and calculating claims and on how to transform claim elements into recoverable figures. This involves carefully pricing the tangibles and intangibles--labor, material, equipment, overhead, profit, etc.--and, in many claims (especially those related to construction): loss of efficiency. The most costly losses a contractor can incur on a project frequently result from reduced labor and equipment productivity, where delay and disruption to contract work impacts productivity--which then leads to loss of efficiency claims.

Furthermore, in its entirety, the course provide you with skills to:

- Identify all of the cost factors that can be and should be included in claims under Government contracts and construction contracts.
- Compute the proper dollar amounts assignable to those factors.
- Present your claim in clear, indisputable terms.
- Understand and successfully manage the necessary elements of a claim’s proof.
- Price equitable adjustments, direct costs, loss of efficiency, indirect costs, and more.
- Successfully manage the special issues that can arise when pricing and proving claims that arise from delays, contract breaches, and terminations.
- The course will be presented by a highly distinguished Course Faculty--two experienced practitioners whose credentials are detailed below. In addition to highly insightful lectures and classroom discussions, you will also receive a comprehensive Manual of written materials--for your use during the course and for concise reference after the course has been completed.

Dates/Locations
No upcoming dates/locations at this time
Agenda
9:00 AM - 4:00 PM
Washington, DC

A PRICING ROADMAP
  • Pricing Objectives
  • Types of Claims
    1. Changes
    2. Termination for convenience
    3. Termination for default
    4. Suspension of work
    5. Breach of contract
  • Types of Costs to Recover
    1. Direct and indirect
    2. Fixed and variable
    3. Facilities capital cost of money
    4. Lost opportunity
  • Pricing Concepts
    1. Cost identification
    2. Cost principles
    3. Cost accounting standards
    4. Cost allowability
    5. Cost allocation
  • PRICING EQUITABLE ADJUSTMENTS
    1. Additive Changes
    2. Deductive Changes
    3. Substitutive Changes
    4. Application of The Bruce Rule
    5. Indirect Cost Entitlements
    6. Loss Contracts
    7. Increased Costs of Unchanged Work
    8. Methods of Pricing
      1. Actual costs
      2. Estimates
      3. Jury verdict
      4. “Total cost” approach
  • PRICING DIRECT COSTS
    1. Direct Costs Defined
    2. Labor Costs
      1. Direct labor and payroll
      2. Idle direct labor
      3. Learning curves
      4. Reverse learning curves
      5. Labor escalation
    3. Materials
      1. LIFO, FIFO and other inventory pricing
      2. Inter-divisional transfers
      3. Material overhead
      4. Adjustments
    4. Equipment
      1. Depreciation
      2. ACRS
      3. Idle facilities
      4. Special tooling
      5. Special test equipment
      6. Depreciating construction equipment
      7. Idle construction equipment
  • LOSS OF EFFICIENCY CLAIMS
    1. Types of Claims
      1. Acceleration
      2. Overtime
      3. Multiple crews
      4. Manpower availability
      5. Restricted access
      6. Stacking of trades
      7. Working out of sequence
      8. Ripple effect
      9. Increased storage
      10. Increased material handling
    2. Understanding Productivity
    3. Causes of Loss of Efficiency
    4. Legal Issues Impacting Liability
    5. Using Learning Curves
      1. Using them
      2. Reverse learning curves
    6. Extended Overhead
    7. Cause and Effect Analyses
    8. Special Calculations
    9. Calculating Losses
      1. Comparative work
      2. Similar contracts
      3. Project productivity studies
      4. Industry productivity standards
      5. Industry manuals
      6. Estimated labor costs
      7. Expert analyses
      8. Bid comparisons
      9. Manloading analyses
      10. Productivity per labor hour
      11. Return per labor hour
      12. Escalation
  • PRICING INDIRECT COSTS
    1. Indirect Costs Defined
    2. Allocation
    3. Cost Accounting Consistency
    4. Cost Accounting Standards
    5. Allocating Home Office Expenses
    6. Allocating G&A Costs
  • DELAY, ACCELERATION and EXTENDED OVERHEAD CLAIMS
    1. Identifying the Delay
    2. Measuring the Delay
    3. Use of PERT and CPM
    4. Concurrent Delays
    5. Acceleration
    6. Extended or Unabsorbed Overhead
      1. The Eichleay formula
      2. Modified Eichleay
    7. Impact and Ripple Effect
  • BREACH CLAIMS
    1. Basic Principles
    2. Methods of Computing Damage
      1. Expectancy
      2. Reliance interest
      3. Restitution
    3. Measuring the Damages
      1. Market value
      2. Resale and cover
      3. Contract price less saved costs
    4. Consequential Damages
      1. Causal connection
      2. Foreseeability
    5. Duty to Mitigate
    6. Damages in Sale of Goods Contracts
    7. Damages in Construction Contracts
  • TERMINATION FOR CONVENIENCE CLAIMS
    1. Cost Recovery
      1. Common items
      2. Special tooling and equipment
      3. Starting load costs
      4. Subcontract costs
      5. Costs after termination
      6. Unabsorbed overhead
    2. Measuring Profit
    3. Partial Terminations
    4. Settlement Expenses
  • TERMINATION FOR DEFAULT CLAIMS
    1. Termination for Convenience Conversion
    2. Contractor’s Liability
  • PROFIT, INTEREST and ATTORNEYS’ FEES
    1. Profit Defined
      1. Added work
      2. Delays
    2. Measuring Profits
      1. Weighted guidelines
      2. Historical data
      3. Legal limitations
    3. Interest on Government Claims
      1. Prompt Payment Act
      2. Contract Disputes Act
    4. Interest on Commercial Claims
    5. Attorneys’ Fees
  • PACKAGING AND PRESENTING THE CLAIM
    1. Organization
    2. The Narrative Portion
    3. Calculations
    4. Charts and Attachments
    5. Certification Requirements
    6. Successful Presentation Techniques and Strategies
    7. Who Should Prepare
    8. The Claim Team
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: 130 (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), tbd (50 minutes)
Travel
No travel information is available at this time