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Advanced Fundamentals – GovCon Basics and Beyond
September 6, 2022 @ 10:00 am - 3:00 pm$995
This three-part course will review and reinforce some of the topics addressed in the Basics of Government Contracting Course, then delve in depth into additional topics not typically covered in the Basics Course training. When possible, attendees should have some familiarity with U.S. Government procurement practices, either through prior attendance at courses such as the FAR Workshop, the Basics of Government Contracting Course, Subcontracting training, and on-the-job experience.
During this training, attendees will have the opportunity to review, analyze, develop solutions for, and brief possible solutions for hypothetical scenarios raising realistic issues for government agencies, contractors, and associated subcontractors. These hypotheticals will reinforce the training presented, engage participants in active learning, and allow participants to practice and reinforce the IRAC (issue, rule, analysis, and conclusion) briefing process.
Course instructors are experts in the field of government contracting, with extensive experience as both U.S. Government agency and in-house counsel. Their wide range of experience, enthusiasm for the topics taught, and strong commitment to providing the best possible training experience, will ensure that the material is presented in a manner that is informative, interesting, and memorable.
- Introduction to Government Contract Law
- Contract Formation; Contract Administration; The Role of Public Policy; Contract Format; the Federal Acquisition Regulation (FAR) System
- Authority to Contract
- Methods of Contract Formation; Authority of Agencies; Actual vs. Apparent Authority; Legal Theories That Bind the Government
- Funding and Fund Limitations
- Limitations as to Purpose, Time, and Amount; Military Construction vs. Maintenance and Repair
- The Competition in Contracting Act; Levels of Competition – Full and Open, Full and Open After Exclusion of Sources, and Other Than Full and Open Competition; Implementation of Competition Requirements – Competition Advocates, Acquisition Planning, Market Research, and Specifications
- Contract Types
- Categorization by Structure; Categorization by Price; Performance-Based Contracting
- Methods of Contracting
- Simplified Acquisitions; Sealed Bidding; Negotiations; Negotiation Strategy, Tactics, and Countertactics
- Contract Pricing
- Contract Pricing Concepts; Truthful Cost or Pricing Act (formerly, “TINA”) and associated requirements; Defective Pricing
- Government Contract Compliance and Ethics
- Personal and Organizational Conflicts of Interest; The Procurement Integrity Act; Representational Prohibitions; Offenses and Penalties; Responding to a Criminal Investigation; International Sales Considerations
- Principles of Contract Interpretation
- Applicable Law; Elements of a Contract; Contents and Format; Rules of Interpretation; Common Mistakes
- Acquisition of Information Technology
- Security and Privacy for Computer Systems; Cybersecurity; Supply Chain Risk; Cloud Computing
- Bid Protests
- Applicable Law; Agency Protests; Government Accountability Office; U.S. Court of Federal Claims
- Contract Changes and Requests for Equitable Adjustment
- Formal Changes; Constructive Changes – 5 types; Determining the Scope of a Change; Notification Requirements; Requesting and Quantifying the Equitable Adjustment
- Contract Disputes Act
- Contractor Claims; Government Claims; Appeals to the Boards of Contract Appeals; Appeals to the U.S. Claims Court; Trying a Case; Proof of Claims