Government Contracting

Appropriations Law

This two-day course will explore, explain, and provide hands-on practice in the key issues and principles of fiscal law as it affects federal procurement contracting.

This course covers the significance and risks in making fiscal law decisions. It is designed for Government contracting officers and COTRs/CORs, program managers, resource managers, budget officers and legal staffs. Contractors who want to understand the financial issues that their federal counterparts face in contract awards, modifications and administration, and terminations will also find it beneficial.

Participants will receive a thoroughly detailed course manual with text, laws, case excerpts, and examples, and will engage in review exercises and discussion problems that reinforce the presentation.

Contract Administration

This course focuses on all of the aspects of contract administration. It is intended to expand on the working relationship between government employees and the contractor. We address the rules governing: the interpretation of contract language, the allocation of risk between the parties, the application of the major contract clauses, the negotiation of price adjustments, and the submission of requests for equitable adjustment and claims. Students will learn the fundamental legal principles the courts and boards of contract appeals apply in interpreting the major clauses that impact contract administration.

Contract Closeout

Contract closeout is a critical, but often forgotten, piece of the Contract process. This seminar will focus on what contractors need to move the close out process through to completion, efficiently and effectively. Achieving closeout will ensure final payments are made, audit issues are concluded, past performance evaluations are submitted and any open issues are resolved. Timely close out efforts result in reduced contract administration and ensure a greater likelihood that contractors still have and can provide all the documentation necessary to achieve a favorable contract close out.

Emergency Contracting

This course will discuss the relevant laws and regulations that apply to the federal contracting community when procuring activities during contingency operations, defense or recovery from certain attacks, major disaster declarations, or other emergencies. Each emergency is different but having a viable procurement readiness plan and personnel trained in emergency contracting procedures will help to optimize an Agency’s responsiveness during an emergency situation. Drawing on events such as Superstorm Sandy and the Unaccompanied Children crisis of 2014, this course will discuss pre-emergency acquisition planning, considerations when awarding or administering contracts supporting emergencies, and acquisition flexibilities to improve the agility of the acquisition workforce during these critical situations.

The course covers the necessary regulations and guidance available, including OFPP’s Emergency Acquisitions Guide 2011, Parts 18 and 26 of the Federal Acquisition Regulation, and the National Response Framework documents published by the Federal Emergency Management Agency (FEMA).

Healthcare Contracting: Practical Guidance for Selling to CMS, VA, and DHA

This course is designed to provide some practical tools for companies that have an interest in entering into or expanding their footprint in the Federal health care sector. The major Federal agencies which contract for health care products and services include the Centers for Medicare and Medicaid Services (CMS), the Veterans Health Administration, the Office of Personnel Management, TRICARE, and the Military Health Systems. This course will provide a discussion of Federal health care programs and the various statutory and regulatory authorities applicable to the contracts that support those programs. It will also discuss health care contracts which the Federal Government has awarded in support of its health care programs and considerations and concerns that are unique to those contracts and subcontracts.

Interpretation of a Government Contract

The Government’s and contractors’ respective rights in intellectual property (IP) arising from government contracts is very important to both sides. For contractors, IP rights may be critical for the very survival of the company. For Government agencies, IP rights may have a great impact on the cost and time to accomplish an agency’s mission.

“Rights in data” is an unusually complex area, but one that is essential to learn. Not the least of the difficulties is that different agencies apply different rules. Nevertheless, the government contractor that fails to learn to protect its rights in data may be crippled – or worse – by its ignorance.

This program will provide you with the practical tools to analyze and solve data rights issues. You will learn the categories of rights the Government may obtain in patents and in deliverable technical data and computer software under DoD’s regulations versus the (different) civilian agency regulations and the rules of when the Government vs. contractor obtains different rights in data, and how a contractor must mark legends on deliverable data. Finally, you will learn how to apply these rules in different real-life situations, such as parts replicators, technology innovators with R&D contracts, SBIR contractors, subcontractors, commercial software vendors, software developers, and software resellers and value added resellers (VARs).

Master’s Academy: Best Practices in Government Contracting

The Masters Academy is designed to provide an exceptional learning experience. Each day, different experts will share their insights into the leading practices in key areas of Government contracting. Over the course of five days, you will have the unique opportunity to learn the lessons experts have culled during their careers in Government contracting. This program is not intended to cover the basics or each topic in its entirety. Instead, the Masters Academy is intended as an advanced course focusing on leading practices.

Each participant will be provided the two essential books in the field: “Formations of Government Contracts” and “Administration of Government Contracts,” co-authored by Ralph C. Nash, Jr. Collectively, the body of knowledge you will acquire during this program will give you an unparalleled education in Government contracting leading practices.

Prerequisite: To gain the most from the Masters Academy, it is recommended that participants have at least five years of contracting experience in industry, Government, law or accounting.

Risk Management

The purpose of this one-day class is to introduce the concept of risk management and present some ways to present risks in the government-contracting environment. Many of the risk management activities companies are currently performing do not provide them with actionable tasks to address performance, cost and schedule risk.

RFP & SOW Best Practices

A hands-on, interactive workshop on developing effective Statements of Work (SOW) to meet subcontract performance and contracting objectives. The workshop identifies and discusses the critical considerations that influence the planning, development and negotiation of subcontractor SOWs and related subcontract terms. Considerations include topics such as subcontract type options, pricing objectives, delivery/support requirements, performance monitoring/management, recourse and compliance requirements. Course discusses leading industry practices and practical approaches to meeting subcontracting objectives. Several interactive group exercises are used to illustrate and reinforce key concepts.

Teaming Agreements: Drafting and Negotiating

This intensive course provides an overview of teaming agreements, discusses how they differ from typical subcontractor relationships and identifies both legal and policy considerations that underlie the formation and operation of teaming agreements. The course also gives tips on drafting a successful teaming agreement by discussing provisions relating to scope, terminations, defaults, dispute resolution, and protections for proprietary information. This course is designed to arm you with the necessary information to negotiate and draft a custom teaming agreement that advances your ultimate business objectives.

Types of Contracts

A one day in-depth analysis of the new focus and guidelines on the selection, use, and management of contracts by type. Implications on costs, accounting systems, management, and administration of this new emphasis on all contract vehicles will be examined

There is a new emphasis on Contract Types in Government Contracting. In acquisition planning, Government agencies have been directed to move away from Cost Type Contracts to Firm Fixed-Price Contracts. This emphasis on Fixed-Price Contracts is designed to control costs but it will limit flexibility in certain types of procurements. For Agencies, this course will examine the benefits and risks inherent in all types of contracts. For contractors, this course will explain the accounting and cost implications— especially as they relate to accounting systems in the use of all types of contracts.

Contract administration has become a new focal point in the use of contract types. Recent guidance to procurement officials outlines this new emphasis from Acquisition Planning through Contract Closeout. Managing risk and controlling costs throughout the life cycle of a procurement will be accomplished through greater oversight and vigilance in administration. An in-depth understanding of Contract Types is critical in this new climate of budgetary and expenditures control.

Upcoming Seminars