A concentrated 2-day program for contract managers, marketing personnel, contract administrators, contracting officers, and other Government and industry representatives in the procurement process.
The law is a dynamic force, always in the process of "becoming". Here is a primer if you are new to the field, and a review of the state-of-the-law if you are an experienced professional.
While the final result of most Government contracts is a product or a completed service, the focus of this specially developed program is not an end, but a means: The procurement process itself and further, the laws at the foundation of the system.
Perhaps nowhere is the law a more pervasive part of business activities than in the area of Government contracting. And it is a critical, necessary part. Assuring to the greatest extent possible that every element of the often complex procurement process is equitably and effectively managed, and that those involved in the process have solid, clear rules, rights and remedies to guide and protect them from beginning to end. This course presents selected key aspects of government contracting, with an emphasis on topics that are unique to government contracting, or that vary from commercial contracting. This course is appropriate for government and contractor program and project personnel; operational personnel whose duties involve, or are supported by, contractor support; and legal counsel – especially those entering this area of practice, or whose clients are new to government contracting.
Although appropriate for those who are new to government contracting, the course will also serve as an effective investment of time for more experienced personnel who seek an update on the fluid field of government procurement.
Government Contract Law Course Curriculum
1. Contract Authority
a. Government Contract Authority b. Actual, Implied, and Apparent Authority c. Unauthorized Commitments and Ratification
2. Federal Fiscal Considerations
a. The Purpose of Appropriations b. The Time Laws and the Funding of Contract Modifications c. The “Antideficiency Act”
3. Competition Rules
a. Full and Open Competition b. Other Than Full and Open Competition c. “Set Asides” for Small Businesses
4. Procurement Methods
a. Sealed Bidding b. Negotiated Procurement c. Simplified Acquisition and “Commercial Items”
5. Contract Payment Procedures
a. Firm Fixed Price Contracts b. Cost Reimbursement Contracting c. Contract Financing and Prompt Payment
6. Socioeconomic Policies
a. Service Contract Act b. Davis Bacon Act c. Buy America Act
7. Changes
a. Formal Changes b. “Constructive Changes” c. Government and Contractor Delays
8. Government Inspection and Acceptance, and Remedies for Noncompliance
a. Inspection b. Acceptance c. Remedies for Defective Tender
9. Terminations for Convenience
a. Bases b. Contractor Entitlement
10. Terminations for Default
a. Bases under Contract Terms b. Basis in Common Law c. Contractor Defenses
11. Disputes
a. Protests b. Claims c. Appeals