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Overview

Contracting with the federal government for construction of public works, whether that construction consists of “ground-up” construction, renovations, or minor construction, has its own unique & complex rules, standards, problems, & hurdles.  The Introduction to Government Construction Contracting is a comprehensive two-day overview of the entire federal procurement process, from start to finish, relating to federal construction projects.  It is the purpose of this program to equip industry & Government representatives with the knowledge necessary to effectively & successfully obtain, manage, & perform Government construction contracts.

The scope of subjects analyzed by the program is set forth in the detailed Course Curriculum. Its coverage includes not only general construction matters as they relate to the Government procurement process, but the specifics of inspections & warranties, scheduling & delays & acceleration, changes in the work, contract terminations, remedies & special problems, & more.

You will be instructed on these subjects by noted course faculty – a practitioner who is a recognized authority on Government construction matters & who has published several works relating to the award & administration of federal construction contracts. In addition to their detailed lectures, each attendee will receive a comprehensive Course Manual of original materials prepared by the instructor exclusively for this program.

Who should attend:

  • Newly hired professionals in all government construction contracting roles at all levels & all sizes of organizations
  • Business & organizations who are exploring or have acquired a federal government construction contract either as a prime contractor or a subcontractor
  • Specialists who have been working in limited areas involving government construction, those who have not had the opportunity to familiarize themselves with the overall picture.
  • Experienced professionals needing an effective refresher, to be brought up to date on the  rules, procedures, rights, & remedies applicable to government & industry.

Learning Objectives:
  • Recognize relevant statutes, laws & regulations unique to a government construction procurement & contract, including but not limited to those under FAR Subpart 36.2, “Special Aspects of Contracting for Construction,”  basic labor statutes & regulations, liquidated damages, & bonding requirements applicable to federal construction projects.
  • Determine the roles & responsibilities of government officials involved in the award, administration & performance of a government construction contract.
  • Understand & develop strategies for developing & responding to Invitations for Bids & Requests for Proposals.
  • Analyze differing site conditions & change orders.
  • Prepare for delays, suspension & accelerations.
  • Resolve issues related to inspection & acceptance of a government construction project.
  • Lean about the parties’ rights & responsibilities under different types of terminations.
Dates/Locations
No upcoming dates/locations at this time
Agenda
8:00 AM - 3:00 PM
Hilton Head, DC and Las Vegas, NV
8:00 AM - 3:00 PM
Orlando, FL
9:00 AM - 4:00 PM
All Other Locations

Government Construction Contracting Course Curriculum

INTRODUCTION 

Overview of The Statutory & Regulatory Structure Governing Federal Construction 

  • Definition of "Construction" & Why it is Important to Distances Between Construction & Other Types of Services
  • Contracting Under FAR Part 36


Key Players & Government Representatives – Roles & Responsibilities

  • The Contracting Officer (PCOs, ACOs & TCOs)
  • Other Contracting Officer Representatives
  • Authority of Government Personnel - Who Has It & Who Lacks It
  • Alternatives to Proving Authority


Performance & Payment Bonds

  • 40 U.S.C., chapter 31, subchapter III, “Bonds” (formerly known as The Miller Act)
  • Other Performance & Payment Bonding Requirements

Overview of Labor Standards & Socio-Economic Programs & Policies Involving Construction

  • Construction Wage Rate Requirements Statute (commonly known as the Davis-Bacon Act) & Related Acts
  • Contract Work Hours & Safety Standards
  • Anti-Kickback Act
  • Project Labor Agreements for Federal Construction Projects
  • Foreign Purchases — Buy American Act for Construction Materials & Other Domestic Preferences Involving Construction
  • Small Business Act Matters, Including Set-Asides, Subcontracting Limits & Subcontracting Plans
  • Other Socioeconomic Policies & Considerations


METHODS OF ACQUIRING CONSTRUCTION

Special Construction Contracting Requirements
Methods of Procurement – The Competition in Contracting Act
Differences Between Sealed Bidding & Contracting by Negotiation
Two Phase Design-Build Selection Procedures
Simplified Acquisitions – Job Order Contracts

REMEDIES OF UNSUCCESSFUL OFFERORS 

Bid Protests (Including Agency-Level, General Accounting Office, & The Court of Federal Claims)
Small Business Challenges

CONTRACT PERFORMANCE & SPECIFICATIONS 

Special Contract Provisions Applicable To Construction Contracts

Contract Specifications & Their Use 

  • Overview
  • Purposes
  • Minimum Compliance & Deviations


Scheduling 

  • Guidelines & Considerations for Project Scheduling
  • The Critical Path Method
  • Float Time
  • Updating the Schedule


 CHANGES

Formal Changes 

  • The Contract Clause
  • Analysis of the Clause
  • Recoverable Costs & Other Relief


Constructive Change Orders 

  • Definition of Constructive Change
  • Doctrine of Constructive Change in the Changes Clause
  • Significance of Constructive Changes
  • The Need for Authority by Government Personnel


Interpretation of Contracts 

  • Applicable Law
  • Intent of the Parties
  • Rules & Aids in Interpretation


DIFFFERING SITE CONDITIONS 
The Contract Clause
Types of Differing Site Conditions
Recoverable Costs & Other Relief
Responsibility For Changed Conditions Subsequent to Contract Award

TIME: DELAY, SUSPENSION & ACCELERATION 
Contract Clauses
Liquidated Damages
Delays 

  • Excusable vs. Non-Excusable Delays
  • Concurrent Delays


Suspensions of Work 

  • Analysis of Clause
  • Requirement for Government Direction or Fault
  • Reasonable vs. Unreasonable Delays
  • Recoverable Costs & Other Relief


Concurrent Delays & Cumulative Impact
Acceleration 

  • Actual
  • Constructive
  • Recoverable Costs & Other Relief


INSPECTIONS, ACCEPTANCE & WARRANTIES 

Government Inspection Process 

  • General Clauses & Regulations
  • Standard Construction Contract Clauses
  • Completion vs. Substantial Completion
  • Resolving Punchlist Items
  • Occupancy by Owner Prior to Completion

Acceptance 

  • Mode of Acceptance
  • Effect of Final Acceptance
  • Early Occupancy by Government
  • Revocation of Acceptance


Warranties 

  • Effect
  • Types
  • Government Remedies


The Benefit of Lessons Learned

TERMINATIONS 
Terminations for Convenience 

  • Government's Right to Terminate
  • Contractor's Rights Upon Termination
  • Giving/Receiving Notice
  • Termination Cost Principles & Monetary Recovery
  • Partial Termination
  • Termination vs. Deletion of Work by Change order


Terminations for Default 

  • Bases
  • Severable Contracts
  • Requirement of the Exercise of Discretion
  • Excusable Delays & Defaults
  • Estoppel & Waiver
  • Defenses Against Government Right to Terminate
  • Government's Remedies Upon Default
  • Actual vs. Liquidated Damages
  • Contractor Remedies for Wrongful Termination


CONCLUDING REMARKS – PUTTING THE PIECES TOGETHER

Experts
  • Brian A. Darst
    Attorney, Odin, Feldman & Pittleman
    Mr. Darst specializes in legal matters involving Government construction and service contract law and has extensive experience in the areas of contract formation and administration issues, bid protests, claims preparation and litigation, internal investigations, voluntary disclosures, procurement fr...
    See Full Bio
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and 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 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: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
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
CLE: Continuing Legal Education
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.
CLE Hours
This program is eligible for: 11.0 (60 minutes), 13.0 (50 minutes)
Travel
No travel information is available at this time
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CMBOK Alignments
Leadership
Character
Collaboration
Competence
Emotional Intelligence
Vision
Management
Business Management
Change Management
Financial Management
Project Management
Risk Management
Supply Chain Management
Guiding Principles
Communication and Documentation
Contract Principles
Regulatory Compliance
Situational Assessment
Skills and Roles
Standards of Conduct
Team Dynamics
Pre-Award
Plan Sales
Plan Solicitation
Prepare Offer
Request Offers
Award
Manage Disagreements
Plan Negotiations
Price or Cost Analysis
Select Source
Post-Award
Administer Contract
Close Out Contract
Ensure Quality
Manage Changes
Manage Subcontracts
Learn
Continuous Learning
Individual Competence
Organizational Capability
Level
  • 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.