Designed for lawyers and contracting professionals, this course will examine the fundamental aspects of the payment process in Federal Government contracting – from a contractor’s initial registration in the System for Award Management database to resolving a dispute for payment under the Contract Disputes Act.
Drawing from many years of experience, the instructors (Sandy Hoe and Justin Ganderson, Covington & Burling LLP; and Ralph Nash, Professor Emeritus of Law The George Washington University) will focus on the key areas of the payment process that every Government contractor should know before entering into any Government contract. Those areas include: (1) how a contractor requests and receives payment under USG contracts; (2) the significance of different types of payment provisions/requests under Government contracts; (3) changing the payment recipient; (4) assigning payment under a contract to a financing institution; and (5) resolving payment disputes and delays. Having a strong command of this process and the nuances of Federal Government contracting will help contractors ensure that they are fully and timely paid.
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This course will help participants:
- Understand how payments are requested and received under Government contracts
- Recognize the significance of the different types of payment provisions/requests
- Learn how a payment recipient can be changed under the contract
- Understand how third-party financing is accomplished in Government contracts and understand the Assignment of Claims Act
- Understand the Government’s ability to withhold payment
- Learn when to resolve payment disputes under the CDA and how to handle them administratively
Professor Ralph C. Nash, Jr. founded the academic discipline of government contacts law with the late John Cibinic. He was Professor Emeritus of Law of The George Washington University, Washington, D.C., and founded the Government Contracts Program. Professor Nash is currently a consultant for government agencies, private corporations, and law firms on government contract matters. He is active in the Public Contracts Section of the American Bar Association, is a member of the Procurement Round Table, and is a Fellow and serves on the Board of Advisors of the National Contract Management Association.
Sandy Hoe has more than 41 years in the practice of government contracts law. His expertise includes issues of contract formation, negotiation of subcontracts, the structuring of complex private financing of government contracts, preparation of complex claims, and the resolution of post-award contract disputes through litigation or alternative dispute resolution. His clients include major companies in the defense, telecommunications, information technology, financial, construction and health care industries. For several years, he also practiced telecommunications regulatory law, appearing before numerous state public utility commissions in hearings to open the local exchange markets for new entrants under the Telecommunications Act of 1996. For many years, he has been active in the Public Contract Law Section of the American Bar Association, where he was an author of the Section’s original publication of “Subcontract Terms and Conditions.” Since 1999, he has co-chaired the Section’s committee on Privatization, Outsourcing and Financing Transactions and from 2005-2008 served on the Section Council. Prior to his service in the ABA, for six years he was on the Steering Committee of the Section on Government Contracts and Litigation of the District of Columbia Bar, including three years as co-chair of the Section. Currently he is pro bono counsel to the Government of Liberia in the drafting of a new procurement code. Super Lawyers 2013 recognized Mr. Hoe as one of the nation’s leading government contracts lawyers. In 2009, Mr. Hoe was named “Top Washington Lawyer” in Government Contracts by the Washington Business Journal.
Justin M. Ganderson
Justin M. Ganderson is Special Counsel in Covington & Burling LLP’s Washington, DC office and a member of the Government Contracts Practice Group. Mr. Ganderson focuses his practice in the areas of claims and disputes resolution, internal investigations, public and private partnerships, utility privatizations, and general federal government contract counseling. Mr. Ganderson has extensive experience in preparing and crafting requests for equitable adjustments and Contract Disputes Act claims, and resolving disputes with government agencies prior to the commencement of and through litigation and ADR. Mr. Ganderson has conducted large and extensive internal investigations analyzing various allegations, including those in response to IG and Federal Grand Jury subpoenas, and has negotiated favorable settlements with the U.S. Department of Justice stemming from these investigations. Finally, Mr. Ganderson regularly counsels contractors in pursuing and performing contracts with U.S. government agencies and contractors at other tiers, and has extensive experience in drafting and/or negotiating a variety of agreements, including contracts with the U.S. government agencies (e.g., contracts for supplies and services, construction contracts, utility privatization contracts and utility areawide agreements) and a variety of subcontracts.
Continuing Education Credit
1.5 CLE/ 1.5 CPE (Finance)/ .15 CEU credits may be earned for this course. This course is recommended for 2 CLP credits.
This course has been approved for CLE in CA, PA, VA and TX. Because this activity has been approved in another CLE jurisdiction, you may also receive credit for participation in AK, AZ, AR, CO, FL, HI, IL, ME, MT, NJ, NY, ND, and WI (additional state requirements may apply). If you are seeking CLE credits for a jurisdiction other than the ones listed above, please contact us for additional information.
This course can be submitted to Project Management Institute (PMI) for PDU. Upon their approval, it may be worth 1.5 PDU credits.