Note: Please bring LAPTOP to class
Once the Federal contract, is won and awarded, its administration and oversight becomes the focus to performance, especially for non-competitive and cost reimbursement type contracts where the risk is highest to the Government. It involves both the Government, the prime contractor and its subcontractors to allow for the delivery of the contracted products or services as agreed in price, quality and time while preventing waste, fraud, and abuse.
Most courses on Government Contracting focus on the proposal preparation, solicitation, and pre-award processes and issues, such as negotiations and bid protests, et.al. relating to obtaining the contract. This course is focused on the post-award or performance phase of the contract.
Contract administration, with oversight, impacts the government, the prime contractor and also the third party beneficiaries such as subcontractors. This two day course, using lectures, actual case studies, practical exercises, and Boards of Contract Appeals(BCA)/Court cases, focuses on the key aspects of contract administration and oversight, irrespective of the type of contract to include but not limited to the following topics:
· Understanding the type of contract awarded and rules of interpretation of contract language;
· Examination and impact of Federal Acquisition (FAR) directed or prime contractor included contract clauses “flowed down” in subcontracts;
· Hardware/Software Inspection, Acceptance, Warranty, and Payment Contract clauses with related responsibilities;
· Application of contract modification clauses (e.g. changes, stop work, suspension of work, change site conditions, value engineering, et.al. to include constructive changes;
· Preparation and negotiation of requests for equitable adjustments and claims;
· Process of contract terminations for default or convenience;
· Payments (periodic, progress, advance, et.al.);
· Accounting and Auditing to detect fraud, and abuse in contracts.
WHO SHOULD ATTEND
Course is intended for government and contractors involved with awarded Federal Contracts and would be especially valuable for prime contractors, contractor team arrangement (CTA) members, subcontractors, contracting officer representatives (COR); technical subject matter experts (SME), auditors, price/cost analysts, proposal preparers, contract specialists and contracting officers.
Students, through AFCEA, will be provided a hard copy of Mr. Giallourakis’ published textbook, Contracting With Uncle SAM: The Essential Guide for Federal Buyers and Sellers (USNI Press) plus a USB removable memory drive ,which can be used to upload to one’s laptop, various digital classroom handouts plus the AFCEA Student Workbook which will be used in class and retained by each student for future reference in the field.
Course is designed to provide the training for students to be able to –
· Understand the key contract administration clauses and their exercise;
· Understand what key clauses are required or discretionary by the type of contract and FAR to be flowed down to subcontractors;
· Draft an equitable adjustment and claim, leading to a contract price adjustment;
· Decide whether or not a Value Engineering Change Proposal (VECP) makes business sense. What are the benefits to the parties!
· Conduct pricing analysis to include price analysis, cost analysis, profit analysis;
· Understand the default, termination and disputes clauses;
· Understand how to conduct contract oversight.
Introduction to Contract Administration and Oversight
-Privity (Who is liable for timely performance and payment?)
-Contractor Teaming Agreements (CTA’s)(Prime –Subcontractor; Joint Venture Partners)
-Delegation of responsibility for administration (COR, SME’s, DCAA, DCMA, et.al)
Review of Types of Contracts (FAR Part 16)
- Solicitation Uniform Contract Format (SF 33)
- Fixed-Price w/wo Economic Price Adjustment
- Incentive Contracting
- Indefinite Delivery Vehicles (Task-Delivery Order)
Clauses for Contract Modifications Due to Necessary Performance Changes
- Changes (fixed price, services) Clauses
- Delays due to Government Delay, Suspension, Differing Site Conditions or Stop Work Clauses
- Adjustment of contract price, period of performance or both
- Elements of Estimated Cost (Change Order Proposal)
- Measure of the equitable adjustment to contract:
-- Reasonable cost to contractor
-- Adjustment at time of Change not after performance
-- Total cost approach
-- Jury verdict method
-- Impact Costs (Ripple effects)
-- Acceleration of overall work
-- Unabsorbed Overhead
Value Engineering (VE)
- Value Engineering Incentive and Program Requirements
- The Value Engineering FAR Clauses
- The VE Change Proposal(DOD STD480/MILSTD 491)
Inspection and Acceptance
- The quality assurance process
-- Conformance and Acceptance
Payments and Financing
- Contract Finance Payments(Government)
- Private Financing(Assignment of claims) (Private)
- Convenience of Government
- Default (non-delivery, unsatisfactory performance, abandonment, etc.)
Disputes and Resolution Clauses
- Role of the Contracting Office
- Armed Services Board of Contract Appeals (ASBCA,VABCA, et.al.)
- Jurisdiction of the Courts
- US Claims Court
- Audit Clauses (authority of the US Comptroller General (GAO) to audit contractors and subcontracts and to interview personnel/employees(American Recovery and Reinvestment Act(ARRA)
- Tracking Contract Funding and Expenditure
- Limitation of Cost or Funds clauses
- Reports, Records and Retention
- Ethics Programs
- Civil and Criminal US Statues
Question and Answer Period (Open questions, if any) Course ends 4:30pm.
Mr. Bill C. Giallourakis serves as consulting counsel to high tech supply, service and construction firms. He served as the military assistant to the Chief Scientist of the Army, the R&D systems officer for the HAWK Missile system in the Pentagon, as a project manager for SINCGARS-V tactical radio testing, and as director of the testing of the Army’s JINTACCS program. He has first hand experience in handling labor disputes; in defending firms accused of fraud; and in the litigation of engineering contract claims before the various Boards and Courts. He taught electrical engineering at the United States military Academy at West Point and taught business law as an adjunct professor at Monmouth University. He holds a BS, MSEE, MBA and a Juris Doctorate. Mr. Giallourakis is currently registered to practice before the US Patent and Trademark Office, the New Jersey, Florida and District of Columbia Bars and various federal courts.