Courses

Government Contracting Seminar Topics

Government Contracting Course Descriptions

Changes and Claims in Government Construction Contracting

Changes in government construction contracting — whether intentional or unintentional – have been responsible for the vast majority of claims and litigation in this unique area.  This course is designed to focus on the types of changes that can and do occur (directed changes; constructive changes; differing site conditions; defective specifications; suspensions; descoping; acceleration; inefficiency) and provides the class with practical advice on how best to maximize relief or minimize impact, depending upon point of view.  The course will also focus on notice requirements, best practices in preparing and maintaining documentation, and how best to achieve a successful settlement of claims.  The course will also focus on avoiding claims resulting from changes, to include discussing settlement and release strategies for contract modifications.

While understanding both the Government’s and the Contractor’s perspective on dealing with changes and claims in government construction contracting claims can be of great benefit to all students, the course can be tailored to focus on either side.  The course can also be tailored to fit any specific fact pattern and provide updated case law analysis and strategic planning for either side.
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Construction Delay, Acceleration, and Inefficiency

Claims involving delay, acceleration, and/or inefficiency generally present the most difficult route for obtaining additional compensation.  Since presentation of a list of changes or disruptions is only the first step on the path to proving a right for adjustment, this course is designed to assist both owners and contractors in understanding the many levels of proof needed to recover damages.  It will examine methods to quantify and present claims, as well as methods to defend them.

While understanding both the Government’s and the Contractor’s perspective on delay, acceleration, and inefficiency can be of great benefit to all students, the course can be tailored to focus on either side.  The course can also be tailored to fit any specific fact pattern and provide updated case law analysis and strategic planning for either side.
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Contract Changes & REA’s

Varying interpretations and understandings of the Changes Clause in government contracting have been responsible for a great deal of claims and litigation.  This course is designed to focus on how the Changes Clause affects federal contractors.  The course will discuss the types of changes that can and do occur (directed changes; constructive changes; defective specifications; suspensions; descoping; acceleration) and provides the class with practical advice on how best to maximize relief or minimize impact, depending upon point of view.  The course will also focus on notice requirements, best practices in preparing and maintaining documentation, and how best to achieve a successful settlement of Requests for Equitable Adjustment (REA’s).  The course will also focus on avoiding claims resulting from changes, to include discussing settlement and release strategies for contract modifications.

While understanding both the Government’s and the Contractor’s perspective on dealing with changes and REA’s in government contracting can be of great benefit to all students, the course can be tailored to focus on either side.  The course can also be tailored to fit any specific fact pattern and provide updated case law analysis and strategic planning for either side.
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Fiscal Law

The focus of this course is to provide a comprehensive overview of how Federal budgeting occurs and how Agencies receive and spend money.  Issues such as limitations on appropriated funds for time, purpose, and amount will be examined in detail, as well as the rules placed on Agencies as to how and when appropriated funds can be spent.  The course also focuses on the Antideficiency Act and its impact on both agencies and federal contractors.
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Foreign Military Sales (Construction)

This course is designed to focus on the topic of U.S. Government security assistance to foreign governments through the use of Foreign Military Sales and Foreign Military Financing in constructing facilities for foreign governments overseas.  The class will focus on understanding policies underlying the FMS program; the process through which FMS projects are awarded and administered; the types of projects undertaken, to include the Total package Approach; and the advantages to the U.S. Government and private contractors of working within the FMS environment.

While FMS cases can encompass almost any area of U.S. foreign policy ranging from infrastructure development to weapons sales, the primary focus of the course will be on construction contracting and the issues unique to that field.
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Government Construction Contracting

The focus of this course is to provide a comprehensive overview into the unique nature of Government Construction Contracting.  Unlike in the commercial sector, Government Construction Contracting has its own set of unique and complicated rules.  Practices which are standard in the general construction industry can be illegal in the public sector.  This course is designed to alert and educate construction contractors and government contracting specialists to the myriad differences and pitfalls to avoid.  The course is further defined to explore the specifics of many federal construction contracting issues, such as:  changes; differing site conditions; requirements to continue working; inspections and warranties; suspensions; terminations; warranties of specifications, and many more.

While understanding both the Government’s and the Contractor’s perspective on dealing with government construction contracting issues can be of great benefit to all students, the course can be tailored to focus on either side.  The course can also be tailored to fit any specific fact pattern and provide updated case law analysis and strategic planning for either side.
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Government Contract Claims

This course focuses on both perspectives: claims made against the Government by contractors, and Government claims being asserted against contractors.  The course will discuss methods for identifying, preparing, presenting, proving and defending claims from both sides.  It will also focus on the bases for recognizing potential claims by contract administrators, project managers, and technical personnel as well as dealing with practical issues such as initiating and maintaining supporting documentation for those claims.  The course will present an overview of the claims resolution process, beginning with claim certification requirements; issuance of a contracting officer’s final decision; and then a discussion of choosing the proper forum for the litigation process. Jurisdictional issues such as timely notification and Contract Disputes Act certification will also be addressed.

While understanding both the Government’s and the Contractor’s perspective on asserting and defending claims can be of great benefit to all students, the course can be tailored to focus on either side.  The course can also be tailored to fit any specific fact pattern and provide updated caselaw analysis and strategic planning for either side.
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Government Contracting Overview

The focus of this course is to provide a comprehensive overview into the unique nature of Government Contracting.  Unlike in the commercial sector, Government Contracting has its own set of unique and complicated rules.  This course is designed to provide contractors and government contracting professionals with an extensive overview of: the various types of government contracts; competition requirements; source selection procedures; bid protests; clauses unique to Government contracts; performance and administration issues; payment issues; audit issues; and contract closeout requirements. The course is designed to present these various issues involving government contracting in a clear and concise manner, with many practical examples, so as to easily incorporate the class content into a new or ongoing government contracting effort.

This course is designed to provide a ‘large picture’ overview of the Government Contracts process.  It can be tailored to provide less focus on types of contracting not contemplated by an organization, replaced by a greater in-depth review on contracts involving specific areas of work.
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Multiple Award Schedule Contracting

This course has been designed for Multiple Award Schedule (MAS) Contract holders, as well as those who wish to obtain contracts in this multi-billion dollar segment of the U.S. Government’s purchasing.  It is designed to provide a focus on special compliance requirements, audit issues, and risk avoidance/mitigation.  Areas of special concern to MAS contract holders — areas such as the Price Reduction Clause, the Industrial Funding Fee, and the Trade Agreements Act – will receive special focus.  For those weighing the benefits of obtaining a MAS contract, the course will help you to recognize the benefits while balancing risks, especially risks to your private sector business.
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Organizational Conflicts of Interest

The focus of this course will be to provide the student with a level of familiarity as to the various types of OCI’s being encountered in today’s procurement environment.  Both OCI theory and current practices will be examined in depth, with a target of making the student proficient in recognizing and, where possible, mitigating OCI’s.  Regulatory provisions from the FAR and its supplemental regulations, as well as interpretations from the GAO will be examined.  Strategies for effective mitigation of OCI’s will be discussed, and used as examples to assist contractors in determining whether to pursue contracts where OCI’s present obstacles.
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Preparing & Defending Contract Claims

This course focuses on both perspectives: contractors asserting claims against the Government, and Government claims being asserted against contractors.  The course will discuss methods for preparing, presenting, proving and defending claims from both sides.  It will also focus on the bases for recognizing potential claims by contract administrators, project managers, and technical personnel as well as dealing with practical issues such as initiating and maintaining supporting documentation for those claims.  Jurisdictional issues such as timely notification and Contract Disputes Act certification will also be addressed.

While understanding both the Government’s and the Contractor’s perspective on preparing and defending claims can be of great benefit to all students, the course can be tailored to focus on either side.  The course can also be tailored to fit any specific fact pattern and provide updated case law analysis and strategic planning for either side.
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Protests

This course is designed to explain the practice, procedure, and strategies for prosecuting bid protests, whether at the Agency level, before the Government Accountability Office, or the Court of Federal Claims.   The course will focus on obtaining meaningful information from debriefings; determining whether it is in a contractor’s best interest to file a protest; and present the relative benefits and drawbacks of the three protest forums.  The course will also map out the timetable of protests, focusing particularly on critical filing dates and the risks and benefits associated with timely filing a protest.  Areas of focus will also include possible ways to further effect the outcome of a protest, especially through the affirmative use of corrective action.
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Service Contracting

Service contracts account for more than half of all Government contracts.  The focus of this course is to fully acquaint the student with the growing world of federal service contracting, beginning with how the Government determines its needs and proceeding through solicitation, selection for award, performance, and close out.  The course will discuss in details implications of the Service Contract Act and determinations of applicability to various employee positions.  The course will also discuss determining legitimacy and applicability of collective bargaining agreements as they relate to follow-on solicitation and award of service contracts.  By the end of the course,   the student should have a firm grasp on the many complexities of service contracting with the Government.
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Simplified Acquisition Procedures

Simplified should not be confused with simple.  The focus of this course is to provide the student with a thorough working knowledge of the FAR Part 13 Simplified Procedures for acquisition.  Obtaining that working knowledge requires familiarity with the many FAR Parts interrelated to Part 13: Competition Requirements under FAR Part 6; Required Sources of Supplies and Services under Part 8; and Socioeconomic Programs under Part 19.  The course will work through the entire procurement cycle (from developing a purchase request through contract closeout) as a method to make the student both familiar and comfortable with Simplified Acquisition Procedures.
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Source Selection

This course is designed to provide a step-by-step understanding of how the negotiated procurement process works, from development of a procurement plan through proposal evaluation, discussions, selection, and award of negotiated government contracts.  The focus will be providing a road map by which contractors can readily understand the source selection process and develop strategies for preparing responsive and winning proposals.  The focus will also provide guidance on obtaining meaningful debriefings for unsuccessful proposals, to include analysis techniques for determining whether a bid protest may be a viable option.

The course is presented to create a comprehensive overview and insight into the source selection process.  It can also be tailored to focus specifically on strategies to consider in responding to ongoing Requests for Proposals.
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Terminations of Government Contracts

This course is designed to present the pros and cons of contract terminations, whether for default or for the convenience of the Government.  Focus of the course from the Government perspective is: determining which type of termination is best and why; defining excuseable delay; steps required prior to termination; steps required following termination; availability of funding from a terminated contract for future use; rules for re-procuring terminated work; and  defending the termination.  From a contractor’s perspective, the course is defined to assist a contractor in avoiding termination for default; settling matters fairly and quickly in a termination for convenience; defining excusable delay; steps required following termination; and challenging a termination for default.

While understanding both the Government’s and the Contractor’s perspective on terminations can be of great benefit to all students, the course can be tailored to focus on either side.  The course can also be tailored to fit any specific fact pattern and provide updated caselaw analysis and strategic planning for either side.
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