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Basics of Government Contracting

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A comprehensive 3-day review of the entire Federal procurement process from start to finish, emphasizing the practical, the keys to success in today's contract world. With special emphasis on the impact of the Acquisition Streamlining Statues and the implementing regulations on procurement activities. 16.5 CLE hours; 19.0 CPEs. Fee per person; $1450.

Provider:

Federal Publications Seminars

Topic(s):

Purchasing/Procurement

Who Should Attend?

Newcomers to Government contracting, specialists who wish to familiarize themselves with the total picture, veterans who need to be brought up to date

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CLE Hours

This Course is Eligible for

16.5(60 minute)

19.8(50 minute)

CPE Hours

This Course is Eligible for

19.0(CPE) hours of credit.

Program Level: Basic

Program Prerequisite: None

Advance Preparation: None

Method: Group-Live

A comprehensive three-day review of the entire Federal procurement process - from start to finish - emphasizing the practical, the keys to success in today's contract world. With special emphasis on the impact of the Acquisition Streamlining Statutes and the implementing regulations on procurement activities.

This is a fundamental course in Government contracting covering, in critical-point fashion, the key elements you need to function effectively in today’s Federal procurement world. Further, the program covers a comprehensive amount of ground in an easily digestible manner in clear, concise terms you can swiftly apply to your individual work and operations.

Who is this course for? First, and most obviously, for the relative newcomers to Government contracting. Second, for specialists who have been working in limited areas of procurement—those who have not had the opportunity to familiarize themselves with the total picture. Third, for veterans who feel the need for an effective refresher, to be brought up-to-date on new rules, new procedures, new rights, and new remedies.

It is a truism in education that basic courses should be taught by the best teachers—by professionals who have the ability to explain clearly and to maintain the students’ interest. Our Course Faculty, you will find, meets these standards. Further, they have the additional advantage of speaking from experience, since each is a specialist involved daily in procurement matters.

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The Course Curriculum

The Setting

• Legislative Branch
• Executive Branch
• Judicial Branch
• Regulations
• Federal Acquisition Regulation
• Agency regulation
• Deviations
• Purchasing Offices
• The Procurement Process
• Establishing requirements
• Procurement methods
• Soliciting sources
• Government representative activities

Sealed Bidding

• Invitation for Bids
• Correcting IFB Deficiencies
• Bid Preparation
• Instructions to bidders
• The complete package
• Formulating price quotes
• Acknowledging amendments
• Aids outside bid package
• Bid Opening
• Procedures
• Late bids
• Eligibility For Award
• Bid responsiveness
• Responsibility of bidders
• Mistakes in bids
• Bid protests
• Issuance of Award
• Two-Step Sealed Bidding

Competitive Negotiation

• Conditions Permitting Competitive Proposals
• Requests for Proposals or Quotations
• Response Preparation
• Timeliness of Response
• Written/Oral Discussions
• Best and Final Offers
• Contract Types
• Fixed price
• Cost reimbursement
• Other types
• Post Award Notice and Debriefing
• Protests

Costs

• Cost Principles
• Applicability
• Allowability
• Reasonableness
• Cost Accounting Standards
• Applicability
• Exemptions and waivers
• Contractor obligations
• Defective Pricing
• Requirements
• Submitting certified data
• Government recovery for defective data
• Government Audit Rights

Specifications

• Design vs. Performance
• Purpose
• Types
• Deviations and Waivers
• Standards and Descriptions
• Availability of Specifications and Standards
• Qualified Products
• Government Warranty of Specifications
• Impossibility of Performance
• Contract interpretation rules
• Assumption of risk
• Actual and practical impossibility
• Remedies for Specification Problems

Inspections and Warranties

• The Inspection Process
• Inspection Clauses
• Government Inspection
• Contractor Inspection
• Rejection and Correction
• Acceptance
• Conclusiveness
• Implied acceptance
• Exceptions to conclusiveness
• Warranties
• Implied
• Express
• Effect of warranties

Contract Changes

• Standard Clauses
• Fixed-price contracts
• Cost reimbursement contracts
• Authority for Changes
• Contractor Duty to Proceed
• Value Engineering Clauses
• Formal Change Orders
• Contractor proposed
• Government originated
• Issuing changes
• Constructive Changes
• Government acts
• Defective specifications
• Nondisclosure of vital information
• Construction acceleration

Differing Site Conditions

• Standard Clause
• Notice
• Conditions Covered and Not Covered
• Site Availability
• Site Investigation Duty
• General Disclaimers

Subcontract Basics

• Nature of Subcontracts
• Privity
• Subcontractor Remedies
• Disputes procedures
• Other procedures
• Government Control

Terms and Conditions

• Influence of the UCC
• Effect of Government Clauses
• Subcontract Clauses

Claims Before the Contracting Officer

• Assertion of Claims
• Certification Requirements
• Fraudulent Claims
• Final Decision
• Content and timing
• Importance
• Extraordinary Contractual Relief
• Types of relief
• Relief procedures
• Petitions and decisions

Terminations for Default

• Nature of Default Termination
• Bases for Default
• Failure to timely perform or meet specifications
• Failure to make progress
• Failure to otherwise perform
• Incorrect Default Basis
• Excusable Delays
• Waiver of Delivery Date
• Contractor Liability
• Contesting Default Termination

Terminations for Convenience

• Nature of Convenience Termination
• Methods of Termination
• Termination Procedures
• Contractor Recovery
• Procedures
• Limitations
• Cost principles
• Special termination costs
• Settlement expenses
• Subcontractor claims
• Profit
• Loss contracts
• Partial Terminations

Delays and Suspensions

• Delay Under Default Clause
• Excusable delay concept
• Weather and labor delays
• Concurrent delays
• Suspension of Work Clause
• Affirmative suspensions
• Constructive suspensions
• Recoverable costs
• Notice requirements

Liquidated Damages

• Standard Clause
• Enforceability Criteria
• Contractor Defenses
• Measuring Assessment Period

The Disputes Process

• Contract Disputes Act Procedures
• Appealing Contracting Officer’s Decision
• Disputes Clause
• Disputes Path
• Contesting Award Decisions

Appeals to Board of Contract Appeals

• Initial Steps
• Discovery and Subpoenas
• Alternative Proceedings
• Regular Hearings

Federal Court Proceedings

• Federal Courts Improvement Act
• Claims Court Practice and Trials
• Appeals to Court of Appeals
• Court of Appeals Processes

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Sponsor Background:

Federal Publications Inc., founded in Washington, DC in 1958, is recognized as the dominant force in providing Government procurement information to contracts professionals—the leader for high quality print publications, electronic materials, and educational seminars on Government contracting subjects. Construction contracting, immigration law, personnel and employment, international law and business, and environmental law are other areas in which Federal Publications has gained a reputation for high quality products.