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This fiscal law course is tailored to an aspect of the subject that we know is of interest to many people – government contracting.  Participants will receive a comprehensive, detailed, fleshed-in course manual (with the text of key laws, references to key decisions, and quotes from leading GAO and other decisions), and real world review exercises that reinforce the principles and rules. 

Who should attend this course?
 While this seminar is of immediate and daily interest to federal government contracting personnel, it is also critical to Government leaders and program personnel, resource managers, legal staffs, and inspectors general, auditors, and internal review personnel.  Government contractors would also be very wise indeed, to understand the fiscal issues and environments that face their Government customers when they contemplate things such as the modification or “incremental funding” of their contracts.
PART ONE: A Primer and Update on Fiscal Law
- Availability.  
- Obligations. 
- Selected Purpose Issues.   
- The “Life Cycle” of Appropriations and the “Bona Fide Needs Rule.”  

PART TWO:  Selected Contracting Fiscal Issues
- Types of Contracts.  
- Protests.  
- Contract Modifications.  
- Service Contracting.  
- Personal Services Contracts.  
- Multiple Year and Multiyear Contracting.  
- Incremental Funding.  
- Contracting Under the Economy Act.  
- Contracting With Revolving Funds.  
- Contracting Under Continuibg Resolution Authority and During “Funding Gaps.”  
- Prompt Payment.  
- Funding Ratifications.  
- Funding Settlements, and Judgments.   
- Paying “Voluntary Creditors.”  
- Contract Terminations for Convenience and Default.  

PART THREE  Contract-Related Antideficiency Act Violations

PART FOUR  Liabilities for Fiscal Errors

 The seminar will conclude with a comprehensive multiple choice review exercises and discussion problems that will reinforce the key points with real world problems.  
Dates and Locations
April 23-24, 2019
Executive Conference and Training Center
Sterling, VA
December 9-10, 2019
Executive Conference and Training Center
Sterling, VA
8:00 AM - 3:00 PM
La Jolla, CA
8:00 AM - 3:00 PM
Hilton Head, SC
9:00 AM - 4:00 PM
All Other Locations
PART ONE: A Primer and Update on Fiscal Law
- Availability.  The concept of an appropriation’s “availability” in terms of purpose, time, and amount.

- Obligations.  The seminal event of the contractual obligation.  This includes the distinction between making and recording an obligation, “placing money on the contract,” and obligating the United States in contract for a definite amount.  

- Selected Purpose Issues.  The availability of appropriated funds for certain purposes.  These include food, clothing, “give-aways,” contracting for functions that might be “inherently governmental,” fiscal issues surrounding conferences and other occasions where an agency might seek to “augment” its appropriation - and if we have a Defense audience, using O&M for construction, the DoD “investment threshold,” and DoD “capital lease” restrictions, and other DoD-unique fiscal issues.
- The “Life Cycle” of Appropriations and the “Bona Fide Needs Rule.”  The availability of appropriations according to their three stages, and the “Bona Fide Needs Rule” - and its exceptions.

PART TWO:  Selected Contracting Fiscal Issues
- Types of Contracts.  The “type” of every Government contract in terms of what contractual obligations occur by virtue of an award, and also the fiscal obligations for each type (they are not necessary parallel or simultaneous!)

- Protests.  Funding availability as it is affected by pre-award and post-award bid protests.

- Contract Modifications.  Funding contract modifications with current and expired funds (including determining the “scope” of contract modifications) 

- Service Contracting.  The distinction between severable and nonseverable service contracts; “crossing fiscal years” to fund severable service contracts; and various service contract issues, such as the extension of service contracts.

- Personal Services Contracts.  A thorough explanation of a true “personal services” contract with respect to the FAR, court decisions, and GAO opinions – as well as the call for the end of the Antideficiency Act’s prohibition against personal services contracts.

- Multiple Year and Multiyear Contracting.  The legal authorities and applications of the laws and rules for contracting over a one-year period.

- Incremental Funding.  The legal authorities and applications of incremental funding, including how the concept and term is used in various contexts.  We will remove the mysteries around multiyear contracting and incremental funding – and show how is correctly (and incorrectly) done!

- Contracting Under the Economy Act.  Contracting and funding under the Economy Act, to include the fiscal responsibilities of the ordering and servicing agencies, and the rules of obligation - and deobligation - for Economy Act orders.  The common errors of contracting under the Economy Act will be explained.  

- Contracting With Revolving Funds.  Contracting with “revolving funds” (stock funds, franchise funds, etc.); the application of the bona fide needs rule, the rules of obligation, and the problems agencies have encountered with revolving fund contracting.  The common errors of contracting by revolving funds will be explained.  

- Contracting Under Continuibg Resolution Authority and During “Funding Gaps.”  The scenarios and practices of contracting under a continuing resolution and in a “funding gap.”

- Prompt Payment.  The rules on invoicing and Prompt Payment Act interest, to include the circumstances when Prompt Payment Act interest does not accure.

- Funding Ratifications.  Whether an “unauthorized commitment” can be ratified and how.

- Funding Settlements, and Judgments.   What year’s funds to charge, and the availability of the Judgment Fund.

- Paying “Voluntary Creditors.”  How people who pay the Government’s tab in a pinch can be reimbursed. 

- Contract Terminations for Convenience and Default.  Funding issues and rules with terminations for convenience and default.

PART THREE  Contract-Related Antideficiency Act Violations
- The basic scenarios of contract-related ADA violations, to include possible corrective actions, that would avoid an ADA violation.

- The dispute between the Attorney General and the Comptroller General as to whether certain “Purpose Statute” violations are also violations of the Anti-Deficiency Act.  

- The Agency’s treatment (i.e., investigation) of ADA violations, and the employee’s rights and protections. 

- A synopsis of all the reported contract-related ADA violations for the last six years (based on the GAO homepage of ADA reports) 

PART FOUR  Liabilities for Fiscal Errors
- For Government Personnel.  When a fiscal error occurs, be it an antideficiency act violation, a “Purpose Statute” violation, charging the wrong year’s funds, or other funding error, what are the liabilities – in terms of disciplinary action, collection/withholding action, or other government action, for Government personnel, to include “accountable officials” (and what is an “accountable official”), resource management, supervisory and program personnel, contracting staffs (to include CORs/COTRs) and other personnel.

- For Contractors.  What are the Contractor’s risks, legal and contractual, for funding errors by their government customer. 

 The seminar will conclude with a comprehensive multiple choice review exercises and discussion problems that will reinforce the key points with real world problems.  

Kenneth J. Allen
Ken worked in the federal government for 37 years (31 as a lawyer).  He served in the Army either active or reserve from 1970 until retirement in 2002, and in the civil service from 1984 to 2007.  His last twenty years in government were spent in government contracting and grants, and his last ten years included duties as a Special Assistance United Attorney with an emphasis on contract fraud.  In 2007 Ken retired from government and became the General Counsel of a defense contractor.  In 2009 he retired (again) and now teaches and writes on government contracting subjects.

Since 1995 Ken has been a frequent educator for government and private training organizations, including the Army Management Staff College, Army War College, and Naval Postgraduate School (for whom he teaches best practices in defense contracting at the NPS campus in Monterey CA and at several overseas locations).  He has authored over 50 training programs on topics that include government contracting, subcontracting, contract interpretation, federal appropriations and fiscal law, the fiscal law of government contracting, the Antideficiency Act, federal grants, trial advocacy, and legal ethics.   
Ken is the author of Thomson Reuters’ Contract Interpretation Handbook, A Guide to Avoiding and Resolving Government Contract Disputes, How to Read a Government Contract, and Federal Grant Practice.  He has recently authored several articles on government contracting in the National Contract Management Associations’ Contract Management magazine (June 2016, December 2015, November 2015) and in Thomson Reuters’ Briefing Papers (May 2016 and March 2015). He has addressed national conventions of the National Contract Management Association (Worldwide Conference 2016 & 2017), the American Society of Military Comptrollers, and Thomson Reuters’ Government Contracts Year in Review (2014-18), and the American Bar Association National Convention (2018). 
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
All Federal Publications Seminars courses meet the course requirements of the National Contract Management Association’s certification programs. We are a proud Education Partner of the NCMA.
Federal Publications Seminars is part of West Professional Development, which 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 the 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:
This Program is eligible for: 13.0 (CPE) hours of credit
Program Level: Basic
Program Prerequisite: None
Advance Preparation: None
Method: Group-Live
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.
This Program is eligible for: 11.0 (CLP) hours of credit
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.
This Program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)
Executive Conference and Training Center
22685 Holiday Park Drive, Suite 60
Suite 60
Sterling, VA 20166
There is not a room block for this location.
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
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.
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.
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.
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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The Fiscal Law of Government Contracting and the Anti-Deficiency Act
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Date Location
April 23-24, 2019 Sterling, VA
December 9-10, 2019 Sterling, VA
By Phone
Call (888) 494-3696