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Who should attend:

Cotractors and subcontractors with government contracts and those facing immediate changes with their contracts. Attendees should have a base-level knowledge of Government Contracting and Federal Acquisition Regulations and/or agency level supplements.

The course highlights advanced topics that continue to challenge seasoned professionals, including:

• Contract Administratorsn

• Directors of Contracting

• Contract Specialists

• Attorneys

• Compliance Officers

• Finance and Accounting Professionals

• Subcontract Specialists

What you will learn:

This is a core course in government contracts, and students will work through the most definitive and comprehensive coursebook in print on this subject, Government Contract Changes, 3d.

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. For there is no doubt that the overwhelming number of operating problems and claims arising out of Government contracts center around questions of actual or constructive changes in the work. The 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 it really means

• What triggers it

• Determining its impact on profit

• Each party's rights

• Strategies for effective contract administration

• Other equitable relief

• Securing prompt & equitable payment

• Calculating the cost of the change

No matter how keen your sense of awareness, or how advanced your level of knowledge, Government contract changes is a subject about which you can never know enough. Because it is so active, so volatile, so prone to almost-daily development, that failure to pay it constant court 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.

Dates and Locations
May 9-10, 2019
Hyatt Regency La Jolla at Aventine
La Jolla, CA
$1375
REGISTER
DAILY SCHEDULE
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

  1. WHY CHANGES CLAUSES
    1. Flexibility of Govt operations
    2. Correction of errors & omissions
    3. Vehicle for contractor claims

     
  2. CHANGES CLAUSE PEDIGREE
    1. Early use
    2. Original standard forms
    3. Current types of clauses
    4. Analysis of clauses

     
  3. BASIC CLAUSE COVERAGE
    1. “Within the [contract’s] general scope”
    2. The “cardinal change” doctrine
    3. Descriptive words
    4. Deductive changes vs. convenience terminations

     
  4. THE C.O.’S CHANGE ORDER AUTHORITY
    1. Contracting Officer’s key role
    2. Scope & limitations of authority
    3. Interpretations & rulings

     
  5. C.O. DELEGATIONS OF AUTHORITY
    1. Contract-related Govt representatives
    2. Apparent authority doctrine
    3. Expressly delegated authority
    4. Impliedly delegated authority
    5. Limitation of authority clauses
    6. Dangers
    7. Contractor protection techniques
    8. Court-one last chance

     
  6. CONTRACT INTERPRETATION
    1. Ambiguity as a constructive change
    2. Duty to inquire & clarify
    3. Industry practice
    4. Construe against the drafter

     
  7. FORMAL CHANGES ORDERS
    1. Origination of changes
    2. Types of formal change orders
    3. Processing the orders
    4. Issuing the orders

     
  8. CONTRACTOR’S DUTY TO PROCEED
    1. Mandatory duty to perform change
    2. Application of the duty
    3. Contractor’s right to clear direction
    4. Effect of failure to proceed

     
  9. CONSTRUCTIVE CHANGES - GENERAL
    1. The doctrine
    2. Effect on contract administration
    3. Rules of contract interpretation
    4. Contractor “duty” to seek clarification
    5. Constructive orders for extra work
    6. Govt interference with work
    7. Notice by contractor

     
  10. CONSTRUCTIVE CHANGES - DEFECTIVE SPECS
    1. Basic theory
    2. Defects in drawings & specifications
    3. Impossibility/impracticality of performance
    4. Procedural problems

     
  11. CONSTRUCTIVE CHANGE ACCELERATION
    1. Elements of constructive acceleration
    2. Excusable delay
    3. Notice to Govt of delay

     
  12. SCHEDULE CHANGES
    1. Critical path analysis
    2. Gantt charts
    3. PERT charts
    4. Improvement curves
    5. Labor, material & loss of learning cost calculations
    6. Govt claims for delay
    7. Liquidated damages

     
  13. CONSTRUCTIVE CHANGES/GOVT MISREPRESENTATIONS
    1. Analysis of the doctrine
    2. Govt nondisclosure of technical information
    3. Govt disclaimers of liability

     
  14. PRICE ADJUSTMENTS FOR CHANGED WORK
    1. Principles of equitable adjustments
    2. Pricing methods & techniques
    3. Overhead & profit
    4. Special problems & exceptions
    5. Costs of processing claims

     
  15. PRICING CHANGE-RELATED COSTS
    1. Delay costs
    2. Unabsorbed overhead
    3. Inefficiency & idle labor
    4. Increased costs under other contracts
    5. Costs of change-order proposals
    6. Self insurance expenses

     
  16. SPECIAL EQUITABLE ADJUSTMENT CASES
    1. Defective specifications
    2. Acceleration
    3. Incentive contract changes

     
  17. PROVING COSTS
    1. Burden of proof rules
    2. Detailed proof
    3. “Jury verdict” method
    4. “Total cost” method

     
  18. COST REIMBURSEMENT CONTRACTS
    1. Special changes clause considerations
    2. Technical direction
    3. Impact of cost limitation clauses
    4. Claims

     
  19. VALUE ENGINEERING
    1. The Value Engineering (V.E.) clauses
    2. Administration of the clauses
    3. Technical data supporting V.E. proposals
    4. What & when is a recoverable proposal
    5. Scope & measure of contractor’s recovery

     
  20. CHANGES IN DATA
    1. Defective Govt furnished data
    2. Changes in data after delivery
    3. Extra data requirement during performance
    4. CDRL omissions
    5. Proprietary data pricing
    6. Public Law 95-525

     
  21. CLAIMS PRESENTATION & DEFENSE
    1. Changes clause notice requirements
    2. Problems & methods of proof
    3. Govt deductive change claims
    4. Negotiations procedures & techniques
    5. Settlement possibilities
MICHAEL KILLHAM
Michael A. Killham is a California attorney specializing in federal procurement law. Mr. Killham provides legal services, training, and consulting services in all aspects of federal procurement and federal appropriations law, including Contract Formation and Compliance, Subcontracting, Teaming Agreements, Bid Protests, Commercial Item Contracting, Terminations, Source Selection Support, and COTR Support,
Mr. Killham served as corporate counsel for several major U.S. government contractors following his retirement as a U.S. Army Judge Advocate. These assignments included that of Director, Legal Operations, for Lockheed Martin Aeronautics Company in Palmdale, California; General Counsel for Thales-Raytheon Systems Company LLC and MD Helicopters, Inc. in Fullerton, California and Mesa, Arizona, respectively; Senior Business Counsel for Raytheon Space & Airborne Systems in El Segundo, California; and Division Counsel for two operating divisions of Litton Industries, Inc. In these positions, he was responsible for identifying, advising on, and resolving a wide variety of legal issues, including those relating to government and commercial contracting, subcontracting, export-import compliance, corporate governance, intellectual property rights, labor/employment law, and litigation management.
While in the military, Mr. Killham served as a Trial Attorney in the Civil Division (Procurement Fraud Branch), U.S. Department of Justice, Washington, D.C.; as the Senior Command Counsel in Kuwait during a period of build-up for renewed hostilities with Iraq; as the Senior Professor of Contract and Fiscal Law on the faculty of the U.S. Army Judge Advocate General's School, Charlottesville, Virginia; as a Trial Attorney for the U.S. Army Contract Appeals Division, Arlington, Virginia; and as the Chief, Military Justice and a Criminal Prosecutor for the 1st Armored Division in Germany.
Education
Mr. Killham received a Bachelor of Science degree from the United States Military Academy at West Point, a Juris Doctor degree from Notre Dame Law School, and a Master of Laws degree (with emphasis on U.S. Government Procurement) from The Judge Advocate General's School. He is a graduate of the U.S. Army Infantry Officer's Basic Course, Ranger School, Airborne School, and Command and General Staff College, and has served as an Executive Officer, S-3 Air Officer, and Platoon Leader in the 1st Battalion, 505th Infantry Regiment, 82d Airborne Division at Ft. Bragg, North Carolina.
Ralph C. Nash, Jr., Professor Emeritus of Law, GWU
Ralph C. Nash, Jr., is Professor Emeritus of Law of The George Washington University, Washington, D.C., from which he retired in 1993.  He founded the Government Contracts Program of the university's National Law Center in 1960, was Director of the Program from 1960 to 1966 and from 1979 to 1984, and continues to be actively involved in the Program.  He was Associate Dean for Graduate Studies, Research and Projects, of the Law Center from 1966 to 1972.

Professor Nash has specialized in the area of Government Procurement Law.  He worked for the Navy Department as a contract negotiator from 1953 to 1959, and for the American Machine and Foundry Company as Assistant Manager of Contracts and Counsel during 1959 and 1960.

He graduated magna cum laude with an A.B. degree from Princeton University in 1953, and earned his Juris Doctor degree from The George Washington University Law School in 1957.  He is a member of Phi Beta Kappa, Phi Alpha Delta, and the Order of the Coif.

Professor Nash is active as a consultant for government agencies, private corporations, and law firms on government contract matters.  In recent years, he has served widely as neutral advisor or mediator/arbitrator in alternate dispute resolution proceedings.  He is active in the Public Contracts Section of the American Bar Association, is a member of the Procurement Round Table, and is a Fellow and serves on the Board of Advisors of the National Contract Management Association.  

During the 1990s, Professor Nash was active in the field of acquisition reform.  He served on the "Section 800 Panel" that recommended revisions to all laws affecting Department of Defense procurement, the Defense Science Board Task Force on Defense Acquisition Reform, and the Blue Ribbon Panel of the Federal Aviation Administration.
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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
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CLE HOURS
This Program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)
Hyatt Regency La Jolla at Aventine
3777 La Jolla Village Drive
La Jolla, CA 92122
8585521234
RESERVATIONS AT GROUP RATE

There is a room block for this location. Rate is $205/night plus taxes. To make a reservation, call the hotel at 800.233.1234 and reference the Federal Publications room block. Reservations must be made by April 5, 2019 and are subject to availability.

As an additional benefit, we are offering a $10 flat rate for overnight and daily self-parking at the Hyatt.

Early Departure Fee - Hyatt Hotels and Resorts have an early departure fee of one night’s room and tax. Departure dates are reconfirmed at check- in and are subject to a fee if changed after the check-in process is completed.      

FOOD AND BEVERAGE
Continental breakfast and lunch will be served during La Jolla Government Contracts Week, May 6-10, 2019.

RESERVATIONS AT GOVERNMENT PER DIEM
Please note that we have also reserved a limited number of guest rooms at the government per diem rate. This rate will not be published until the 2019 rates are available. These rooms are limited to one attendee per qualifying company. Please call the Hyatt Regency La Jolla at 858-552-1234 and reference the "Federal Publications Government Room Block" to obtain this special rate. Guest rooms at the government per diem will be available until April 5, 2019 and are subject to availability. You will be required to present a valid Government ID upon check-in to confirm use of the government rate.
TRAVEL INFORMATION

There is a room block for this location. Rate is $205/night plus taxes. To make a reservation, call the hotel at 800.233.1234 and reference the Federal Publications room block. Reservations must be made by April 5, 2019 and are subject to availability.

As an additional benefit, we are offering a $10 flat rate for overnight and daily self-parking at the Hyatt.

Early Departure Fee - Hyatt Hotels and Resorts have an early departure fee of one night’s room and tax. Departure dates are reconfirmed at check- in and are subject to a fee if changed after the check-in process is completed.      

Government per Diem Rate
Please note that we have also reserved a limited number of guest rooms at the government per diem rate. This rate will not be published until the 2019 rates are available. These rooms are limited to one attendee per qualifying company. Please call the Hyatt Regency La Jolla at 858-552-1234 and reference the "Federal Publications Government Room Block" to obtain this special rate. Guest rooms at the government per diem will be available until April 5, 2019 and are subject to availability. You will be required to present a valid Government ID upon check-in to confirm use of the government rate.

FOOD AND BEVERAGE
Continental breakfast and lunch will be served during La Jolla Government Contracts Week, May 6-10, 2019.

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.
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Changes and Equitable Adjustments in Government Contracts
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Date Location
May 9-10, 2019 La Jolla, CA
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