0-60: Key Labor & Employment Rules

0-60: GovCon in a Capsule Series

The Public Contracting Institute is bringing you up to speed fast! The 0-60 live virtual training series explores different topics on the most important areas of government contracting.

Whether you are new to government contracting or have years of experience, this series will deliver substantive information in different areas as well as practical guidance on how to approach government contracting issues that you will face day to day.

The topics include contract administration, teaming agreements, contract interpretation, challenged in pricing your contract, employment and contracting claims, FAR clauses, ethics and compliance, contract changes and equitable adjustments, and small business contracting. Some examples of the lessons you will learn:

• In the Contract administration session, you will learn how to read a contact and understand the 3 Rs – Rules, Requirements and Rights. You will also learn the importance of paying attention to the details and thinking outside the box
• In the teaming agreements session, you will learn to identify the regulatory and practical restrictions your teaming agreement must meet and explore ways that you can craft your Teaming Agreement to accomplish your specific business objectives.
• In the contract interpretation session, you will learn key principles in order to spot, avoid, and resolve potential problems over the meaning of the contract and the parties’ obligations.
• In the pricing session, you will learn methods for identifying, considering and understanding whether the ultimate price will require either cost analysis or price analysis. You will also be equipped with tools and techniques associated with price analysis, key elements associated with cost proposal requirements, including documentation of direct labor, material and subcontracts, and the associated cost analysis and cost realism analysis.
• In the employment session, you will learn the complex regulations that apply to federal contractors, including prevailing wage laws, affirmative action and labor requirements.
• In the ethics session, you will learn about key compliance issues and pitfalls and how to seek guidance before the harm is done. Some top issues are related to bribes and gratuities, kickbacks, contingent Fees, false claims and false statements, product substitution, procurement integrity, hiring from the government, Antitrust, organizational conflicts of interest, and illegal negotiation tactics.

As you will learn, there are a lot of complex rules in government contracting, and this series will get you up to speed fast in the most critical areas.

0-60: GovCon in a Capsule
10 Sessions, Fourth Tuesday of the Month, 12:00-1:00pm ET

• Jan 28 – Nuts, Bolts, and Beyond
  The U.S. Government is the largest purchaser of goods and service in the world, spending over US$500 billion annually. Selling to the US Government can be extremely lucrative, but it can be complex and overwhelming, especially for those companies just breaking into the field. During this program, Eric will break down the required procedural steps for getting started in federal government contracting. This includes options and pathways for winning contracts and/or subcontracts, tips and best practices for companies new to the market, and advice for those trying to grow their federal government business.Instructor: Eric Valle, PilieroMazza
• Feb 25 – Key Labor and Employment Rules
  As complicated as labor and employment requirements can be, the rules for government contractors are even more intricate. The Federal Acquisition Regulation (FAR) provides a roadmap for requirements that are unique to federal government contractors and includes provisions such as human trafficking prevention, the Service Contract Act, the Davis Bacon Act, sick leave, and affirmative action requirements. During this virtual class, we will give those dusty old FAR provisions new life and provide a simple framework for you to digest the requirements. Following this session, you will have the tools to navigate and comply with these unique employment requirements.
• Mar 25 – Teaming Agreements
  Government contractors routinely use Teaming Agreements to secure federal business opportunities. The Federal Acquisition Regulation (FAR) generally recognizes the validity of teaming arrangements, but recent case law has called into question the enforceability of such agreements. During this webinar, we will:
  • Identify the regulatory and practical restrictions your teaming agreement must meet;
  • Discuss recent case law and identify some lessons learned;
  • Explore ways that you can craft your Teaming Agreement to accomplish your specific business objectives.
• Apr 22 – Responding to an RFP
  This class focuses on Bids & Proposals (What are they? Are they different? How do I find the opportunities? What do I do when I find one? What else should I be aware of?). Within this GovCon 101 seminar, we work with you to “demystify” how to execute successfully in developing business in the Government marketspace. You will find it is not for the “faint of heart,” but with a few basics, and some hard work, you can become successful. Balancing your business portfolio with Government business can diversify your future revenue and growth, and we provide a “101” level to know where to start, and the basics of taking steps to move forward successfully.This class topics are:
  • Bid & Proposals, is there really a difference?
    • Quote, Estimate, Bid and Proposal: How are they different?
  • Pipeline Development & Capture – How to Identify and “filter” Opportunities
    • RFIs, Sources Sought, RFPs, RFQs, RFOs, ITOs, etc.
    • Responding to Sources Sought, RFIs, White Papers, etc.
    • Business Development or Capture – the basics
    • Strategy-to-Win Development & Execution – What, why, when, how
    • Active Pipeline Management – Position yourself for success
  • Pre-Proposal Preparation
    • Baseline Development (Technical, Management, Past Performance, Price & Cost, IP) – What, why, when, how
  • Proposals
    • Proposal planning, resources, execution
      • Oral & Written Proposals – How are they different?
    • General “best practice” proposal/bid approach
  • Other topics
    • Submission
    • Post submission
    • We won!!! (Now what)
• May 27 – Contract Interpretation
  Most contract disputes and misunderstandings concern the meaning of the contract. Contract interpretation is not the exclusive domain of the lawyers. Rather, it is an essential skill set for successful contractors and government acquisition professionals – all of whom need to be familiar with these principles in order to spot, avoid, and resolve potential problems over the meaning of the contract and the parties’ obligations, and because they are the ones on the front lines of contract and proposal writing, contract interpretation, and contract execution.This course covers the principles of contract interpretation, as they are applied every day in federal government contracting. These principles of contract interpretation are not in statutes, the FAR, or in any regulations. They are in the decisions of the judges.The principles will be discussed in the context of how they apply to intrinsic evidence (the contract documents) and extrinsic evidence (information and considerations from outside the contract) and will include practical exercise to enhance the learning experience.

  This seminar will thoroughly familiarize and explain the following:

  • The processes, nature, and realties of interpretation
  • Communication scenarios that are prone to misunderstandings
  • The key foundational issues of understanding a contract, including the objective approach to interpretation, the rules for defining the content of the contract and the federal courts’ rule on using information from outside the contract for interpretation – the Plain Meaning Rule
  • The principles of interpretation – with real world illustrations taken from federal contract disputes
  • The rule of interpreting ambiguities against the drafter (the Doctrine of Contra Proferentem) and the great exception to the general rule in federal contracting
  • Subjects that are frequently involved in interpretation disputes, to including disputes over the formation and type of government contract, the contract authority of government personnel, order or precedence clauses, and clauses that shift the risk to contractors
• Jun 24 – Pricing a Contract
  In 2021, the federal government spent about $637 billion through contracts to provide goods and services. The government has many ways to purchase these goods and services, but the contracting officer is tasked with making sure that the prices paid are fair and reasonable. The contracting method – commercial goods and services, competitive procurements, sole source contract and other pricing methods all have tools and techniques to assist the contracting officer in making the fair and reasonable determination.Your instructor will walk you through each of the pricing methods and the appropriate level of supporting cost or pricing data required for each. PCI’s instructor provides the insight and experience to help each attendee understand the complex maze of data required or prohibited when determining the ultimate price to be paid.
• Jul 22 – FAR Part 52 and Key ClausesThe FAR is a big book, filled with hundreds of policies and prescriptions designed to protect the taxpayer and enforce federal law. These policies and prescriptions are typically implemented in a government contract through the FAR Part 52 contract clauses, which provide a listing of more than 600 different contract clauses – many of which you will likely find in your government contracts. This session of GovCon 101 provides an overview of FAR Part 52 and the government’s standard contract clauses. This session will also touch on how you can use FAR part 52 to identify which contract clauses will apply to your project (including sometimes alternates or deviations), and also when these contract clauses need to be flowed down to subcontractors. Join our expert instructor, David Gallacher (Kutak Rock LLP) as he walks you through the basics relating to FAR Part 52 contract clauses.
• Aug 26 – Ethics and Compliance
  Government procurement is subject to special rules and regulations. Most critically (and dangerously!), many actions that are normal in commercial contracting are prohibited in government contracting. Violations can lead to serious contractual, financial, and even criminal sanctions.That makes it vital that contractors and their employees recognize potential compliance problems and pitfalls and know when to seek guidance before the harm is done – i.e., know to stop walking before falling into the pothole.Learn about the top ten mistakes that contractors are subject to (actually, more than ten, but who’s counting?). Coverage will include:
  • Bribery and gratuities
  • Kickbacks
  • Contingent Fees
  • False claims and false statements
  • Product substitution
  • Procurement integrity
  • Hiring from the government
  • Antitrust
  • Organizational conflicts of interest
  • Illegal negotiation tactics
• Sep 23 – Contract Administration
  PCI is bringing you up to speed fast! Join us for the 0-60: Top Ten Virtual Class series.  Each month, PCI will explore a different topic – giving you the 10 most important facets of the topic.  Each session in the series will trim down the topic to ten facets that are important to remember – and will explain how to approach them.  Join us!Fred Geldon will discuss the Top 10 (actually 12!) Mistakes in Contract Administration, as well as best practices for preventing them.1)   I didn’t read the contract!  (Pay attention to the FAR clauses and flowdowns; they’re not just legalese.)
  2)   I didn’t try to understand the three R’s – Rules, Requirements and Rights! (Know the FAR, know your contracts, and know your legal and contractual rights.)
  3)   I accepted direction from the COR or COTR! (Only a warranted contracting officer can bind the government.)
  4)   I didn’t document, document, document! (A document a day keeps the auditor or protestor at bay.)
  5)   I didn’t make sure that my team understood the statement of work!  (Be sensitive to differences between the desires of the program office and the realities of the contract, and watch out for constructive changes.)
  6)   I didn’t communicate with purchasing department! (Make sure they know about mandatory – and non-mandatory but necessary – FAR flowdowns.)
  7)   I let sleeping grizzly bears lie! (They will probably wake up.)
  8)   I chose to be right rather than happy!  (Choose your battles carefully.)
  9)   I didn’t exercise independent judgment!  (That’s why the pay contracting officers the big bucks!  J)
  10)  I padded my claim so I would have something to trade!  (And I wound up with an omelet on my face.)
  11)  I didn’t think outside the box! (Look for creative, win-win solutions.)
  12)  I didn’t pay attention to the details! (It’s important to sweat the small stuff.)
• Oct 28 – Accounting and Auditing
  This seminar will present the FAR regulations and procedures associated with accounting and audits of Government federal contracts.  Topics include identification of the key organizations involved the contract audits, the audit process, regulations granting auditors’ access to contractors’ records, quality of audit evidence, audit risk factors, and audit preparation strategies.  The seminar is designed to remove the fear and mystery of audits of federal contracts.