This is session 1 of 2 in the Terminations for Convenience and Default Webinar Series. Given enough time in the government contracting business, any contractor either might be terminated (one hopes for convenience) or have come close. This webinar will explain in plain English how the termination provisions work and will offer practical advice on how best to position yourself to avoid or deal with a termination. Learning Objectives:  This initial session will cover the following topics.  The Government's Right to Terminate for Convenience  So, now it becomes a Cost Contract  The Clauses and the "Christian Doctrine"  Cause: Evolution of the Govt's Discretion  Termination Mechanics and the Parties' Obligations  The Underlying and Essential "Fairness Principle" of FAR 49.201  Termination Costs, Settlement Expenses, and the Settlement Process  Subcontractor Claims  The Elusive Pot of Gold: The Loss Ratio

This is session 2 of 2 in the Terminations for Convenience and Default Webinar Series. Given enough time in the government contracting business, any contractor either might be terminated (one hopes for convenience) or have come close. This webinar will explain in plain English how the termination provisions work and will offer practical advice on how best to position yourself to avoid or deal with a termination. Learning Objectives: This second and final session will cover the following topics:  A Drastic Sanction: The Bases for Default Terminations  Failing to Deliver on Time & Government Waiver of a Due Date  Failing to Meet Specifications  Failing to Make Progress  Distinguishing Show Cause and Cure Notices  Failing to Perform Other Requirements, A Broad Reach  Importance Of the CO's Discretion and Accurate Information  Contractor Defenses, Excusable Delays, and The Effect of Constructive Changes  Remedies: Reprocurement Costs Are Not Your Greatest Threat

Navigating contract terminations can be a complex and high-stakes process for contractors. Whether facing a Termination for Convenience or a Termination for Cause, understanding your rights, responsibilities, and next steps is critical to protecting your business and ensuring compliance. In this webinar, we'll demystify the intricacies of contract terminations, including when and how the government can terminate a contract, the differences between receiving a Stop Work Order and a Termination Notice, and the rights of prime contractors and subcontractors. We'll also cover essential topics such as:  Best practices for terminating subcontracts and managing subcontractor relationships.  Key flowdown provisions to include in subcontracts.  Determining allowable termination costs and submitting invoices within required timelines.  Final steps, required forms, and records retention to ensure compliance.  Preparing for potential audits and safeguarding your business. Join us to gain actionable insights and practical strategies to handle contract terminations with confidence and clarity. Whether you're a prime contractor or a subcontractor, this webinar will equip you with the knowledge you need to navigate terminations effectively and protect your interests.

In this webinar, students will be introduced to the Buy American Act and the clauses and regulations implementing the BAA. We will discuss the basic requirements of the BAA, and will learn what exceptions to the Buy American Act requirements may apply and when. We will also explore the nuances of the BAA in how it applies domestic preference to "end products" and "construction materials," and what it means for such items to be "manufactured" in the United States for purposes of Buy American compliance. LEARNING OBJECTIVES: After completing this course, you will be able to:  Understand the purpose and applicability of the Buy American Act  Understand the Buy American regulations and clauses as they apply to end products, constructions materials, and components  Recognize exceptions to the Buy American Act requirements and when they apply  Put products and construction materials to the test for the BAA

In this webinar, we will introduce the Trade Agreements Act and explore when and how it applies, with a particular focus on how it interacts with the Buy American Act. We will explore how to identify situations where an exception to the TAA may apply, and how to navigate those situations. We will also discuss "substantial transformation" under the TAA, how it differs from "manufacturing" under the BAA, and what those differences mean for compliance with the applicable TAA regulations and contract clauses. LEARNING OBJECTIVES: After completing this course, you will be able to:  Understand the purpose and applicability of the Trade Agreements Act  Understand when the Buy American Act and when the Trade Agreements Act applies  Understand the Trade Agreements Act regulations and clauses as they apply to end products, constructions materials, and services  Recognize exceptions to the Trade Agreements Act requirements and when they apply  Put products and construction materials to the test for the TAA

In this course, we will take a tour through the domestic preference requirements that apply to Department of Defense procurements. We will examine the differences (or no) between the Buy American Act/Trade Agreements Act rules applicable to civilian and DOD procurements, and examine the specific domestic preference requirements applicable to certain categories of items procured by the DOD. LEARNING OBJECTIVES: After completing this course, you will be able to:  Distinguish between domestic preference requirements for DOD procurements and civilian procurements  Understand the Berry Amendment  Understand the "Specialty Metals" clause and determine when and how it applies to a particular item  Know how DOD applies the Buy American and Trade Agreements Act to DOD procurements

In this final webinar, we will explore the rapidly changing domestic preference landscape. We will provide an overview of domestic preference enforcement activity, and will review recent developments and forecast upcoming changes to the laws and regulations that dictate the application of domestic preference in Government procurement. In particular, we will explore the recent Infrastructure Investment and Jobs Act (IIJA) and the Build America, Buy America Act (BABA), which add more stringent Buy America rules to all federally funded infrastructure and public works projects. LEARNING OBJECTIVES: After completing this course, you will be able to:  Anticipate the evolution of domestic preference requirements in Federal procurement  Prepare for new and increased Buy American enforcement activity  Know the requirements of the Build America, Buy America (BABA) Act and when they apply  Understand how to navigate agency application (and waiver) of BABA requirements to Federal financial assistance programs for infrastructure