Description
Understand the legal issues related to government contracts, the rules that apply and how the facts determine the outcome of the case. Read and discuss actual cases that illustrate the contract issues covered.
Consider the legal issues related to appropriations, authority, the Christian Doctrine, intellectual property, sealed bidding, simplified acquisitions, competitive negotiation, late bids or proposals, responsibility, unfair competitive advantage, conflicts of interest, the set aside Rule of Two, the Severin Doctrine, constructive changes, terminations, suspensions of work, differing site conditions, contract fraud, ethical considerations and unfair competitive advantage.
Who Should Attend?
All acquisition professionals including Contracting Officers, Project/Program Managers, and CORs, and other administrative and legal personnel involved with government contracts.
Tuition:
$1,499.00
Credits:
40 CPE's
Class Type:
This course is currently being offered in the following training modalities:
- Online
- Virtual Instructor-Led - ACQI8505A
- Class Length: This class is listed as a 5 day course.
- Virtual Instructor-Led - ACQI8505A
- On-site
Learning Outcomes:
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Explain the legal and regulatory framework of government contracting.
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Identify the legal requirements of sealed bidding, simplified acquisitions, and negotiation in the contract award process.
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Explain protest and dispute legal remedies and the roles of the Government Accountability Office (GAO), the U.S. Court of Federal Claims and the Civilian and Armed Services Boards of Contract Appeals.
Day one of five
The Uniqueness of the Government as a Contractor
- General considerations
- Appropriations and fiscal laws
- Advance payments
Contract Formation Principles
- Introduction
- Prerequisites to contract formation
- 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 Christian Doctrine
- The Competition in Contracting Act (CICA)
- Intellectual Property
Day two of five
Miscellaneous Acquisition Procedures
- Simplified acquisition procedures
- Federal supply schedules
- Task order and 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 bids
- Two-step sealed bidding
Responsibility, Suspension, Debarment
- Responsibility
- Suspension
- Debarment
Day three of five
Competitive Proposals
- Introduction
- When negotiation is authorized
- Restrictions on competition
- Evaluation factors
- Award on initial proposal basis
- The competitive range
- Discussions
- Evaluation and selection
- Ethical considerations and unfair competitive advantage
- Price and cost analysis
Day four of five
Types of Contracts
- Fixed-price contracts
- Cost-reimbursement contracts (negotiated procurements only, not sealed bidding)
- Other contract types
Day five of five
Socioeconomic Considerations
- Small business
- Labor standards
- Equal employment
- Preferred products
- Environment
Subcontracting
- Definition
- Desirability
- Government-subcontractor relationships
Contract Administration
- Change clause
- Suspension of work
- Differing site conditions clause
- Inspection and acceptance
- Payment
- Termination for convenience clause
- Default clause
- Assignment of claims
Disputes and Remedies
- Contract award disputes
- Contract performance disputes
- Contract fraud
- Extraordinary relief
