Commercial and Federal Government Contracting Convergence

This training (2 days) will present key characteristics, similarities, and differences among domestic commercial, international commercial, and federal government contracts to enhance the knowledge and skills of individuals working in areas relating to government and commercial contracting, subcontracting, program management, program finance, legal, management, and more. It will provide knowledge and tools for achieving greater success in the conduct of a competitive business involving foreign and domestic customers, partners, and subcontractors. Instructor presentation relating to substantive aspects of commercial and government procurement will be supplemented by discussions of real-life experiences and the conduct of a group exercise involving the review and analysis of a hypothetical contract, the identification of issues therein, and the conduct of negotiations to achieve company-desirable outcomes and results. The curriculum will include, among other topics, the following:

Learning Objectives

Part One: Commercial Contracting

• Contract Formation
• Contract Types
• The Prime/Subcontractor Relationship & Privity of Contract
• Conflict of Laws Principles
• The Uniform Commercial Code and Applicable Law
• Warranty
• Strict liability
• Performance Obligations, Risks, Liabilities, Excuses for Non-Performance, and Remedies

Part Two: International Government and Commercial Contracting

• Introduction to International Contracting
• U.S. Laws Enabling and Affecting International Government and Commercial Contracting
• International Commercial Contracting
• International Disputes and Alternative Disputes Resolution

Part Three: Federal Government Contracting

• Applicable Laws, Rules, and Regulations
• Customer Considerations, Management, and Concerns
• Authority to Contract
• Funding Considerations
• Requirements and Specifications
• Commercial Item Contracting
• Contract Types Revisited
• Socioeconomic Policies
• Competition
• Procurement Methods and Techniques
• Changes
• Disputes Resolution

Part Four: Practical Applications

• Negotiation Strategies, Tactics, and Counter-Tactics
• Contract Risk Management Processes and Procedures
• Terms & Conditions: Meaning, Application, and Effect
• Group Negotiation Exercise
• Exercise Debrief, Questions, and Discussions