December 8 - 12, 2008 8:30 AM - 4:30 PM Instructor: Ronald Berger Washington, DC $995 March 2 - 6, 2009 8:30 AM - 4:30 PM Instructor: Ronald Berger Washington, DC $995 May 11 - 15, 2009 8:30 AM - 4:30 PM Instructor: Lee Young, Jr. Atlanta, GA $995 June 8 - 12, 2009 8:30 AM - 4:30 PM Instructor: David Firth San Antonio, TX $995 September 14 - 18, 2009 8:30 AM - 4:30 PM Instructor: Ronald Berger Washington, DC $995 September 21 - 25, 2009 8:30 AM - 4:30 PM Instructor: David Firth San Francisco, CA $995
Overview:
Discover the unique laws of federal contracts that are derived from statutes, regulations and the decisions of administrative and judicial forums. You learn the sources of the current laws and, more importantly, how contract laws can be expected to be applied to common contracting situations. Become informed about contracting issues and know when to call on acquisition legal counsel to avoid or mitigate potentially serious risks in acquisition and contracting activities.
This course is part of the Certificate of Accomplishment in Acquisition .
Who Should Attend?
All acquisition personnel as well as program and project personnel involved with government contracts.
Objectives:
Explain laws and regulations which are the framework of government contracting Identify the legal requirements of sealed bidding and negotiation in the contract award process Define from a legal perspective: types of contracts, subcontracting, contract administration and performance Explain legal remedies for bidders and contractors and the role of the U.S. Court of Federal Claims
Syllabus:
Syllabus -- Government Contract Law, ACQI8105D, Grad. School, USDA
Day one of five:
The Uniqueness of the Government as a Contractor
General considerations
Appropriation laws
Advance payments
Contract Formation Principles
Introduction
Prerequisites to contract formation
Offer and acceptance
Consideration
Implied contracts
Unenforceable contracts
Rights of third parties
Authority of Government Agents
Types of authority
Who acts for the government
Unauthorized acts
The Statutory and Regulatory Framework
Statutes
Regulations
The Competition in Contracting Act (CICA)
Day two of five:
Miscellaneous Acquisition Procedures
Simplified Acquisition Procedures
Federal supply schedules
Task order/delivery order contracting
Commercial item acquisition
Sealed Bidding
Introduction
Specifications
Soliciting bids
Responsiveness
Late bids
Mistakes in bids
Bid evaluation and award
Effecting award
Rejection of all bids (FAR 14.404-1)
Two-step sealed bidding (FAR 14.5)
Responsibility, Suspension, Debarment
Responsibility
Suspension
Debarment
Day three of five:
Competitive Proposals (Negotiation)
Introduction
When negotiation is authorized
Restrictions on competition
Evaluation factors
Award on Initial Proposal Basis (FAR 15.306(a))
The competitive range
Discussions
Evaluation and selection
Price and cost analysis
Day four of five:
Types of Contracts
Fixed-price contracts
Cost-reimbursement contracts
Other Contract Types
Day five of five:
Socio-Economic Considerations
Small business
Labor standards
Equal employment
Environment
Subcontracting
Definition
Desirability
Government-subcontractor relationship
Contract Administration
Changes clause
Suspension of work
Differing site Conditions Clause (FAR 52.236-2)
Inspection and Acceptance
Payment
Termination for Convenience Clause
Default Clause