National Education Seminars

Contract changes are inevitable and must be anticipated and properly managed. “Contract Changes, Disputes, and Terminations—Mastering the Fundamentals” is a one-day National Education Seminar (NES) designed to provide the information you need to handle any and all ambiguities, differences of opinion, or potential and real conflicts between the parties. These can arise by verbal discussion, letter, the proposal, the basic contract, or any of its subsequent modifications. They can involve everything from the interpretation of the statement of work to the minutes of a meeting. Changes can also come from various sources—some with the authority to make them and sometimes not. They can also impact the success of your contract as well as the relationship between the parties.

This seminar will equip you to understand the following:

• What constitutes a change, 
• How changes arise,  
• Who is authorized to issue and respond to changes and how to respond, 
• The various actions to be taken to successfully incorporate changes both parties agree to, including the next steps when agreement is not forthcoming; and
• Knowing when and how to expect contract changes, as well as disagreement.

 

Avoiding escalation of those issues, along with working through them when (not if) they occur, is vital to success or failure of your program as well as organization. At the end of this one-day seminar, you will be confident in protecting you and your organization from surprises that can derail your program’s success.  

Anyone involved in the acquisition process will benefit from the content covered: managers, directors, financial analysts, engineers, technical managers, auditors, reviewers, quality inspectors, business development employees, and senior leaders and executives, among others. The learning provided will help not only those with only a rudimentary understanding of government contracting, but those with mid- or even senior-level experience as well.  

To work within this field, there is no more valuable way to invest seven hours than gaining a deep understanding of the changes, disputes, and termination process within government contracting.  

Course Outline:  

Changes

• Purpose and Coverage of the Changes Clause
• Formal Change Orders
  
• Procedures for Ordering Changes
  
• Value Engineering Change Proposals
  
• Constructive Changes
  
• Contractual Notice Requirements
  

Disputes

• Coverage of Disputes Process
• Assertion of Claims
  
• Contracting Officer’s Role
  
• Litigation of Disputes Act Claims
  

Termination for Convenience

• Background
• The Right to Terminate
• Constructive Termination
• Termination Settlements

Termination for Default

• Consequences of Default Termination
• Right to Terminate
• The Termination Decision
• Termination Procedures
• Excess Costs of Reprocurement
• Liquidated Damages

Contract Types is an accelerated, comprehensive one-day course covering the practical, legal, accounting, and management implications related to various contract types.

• This course is designed for both new and experienced contract professionals.
• New professionals will learn about the different contract types and their uses.

Experienced professionals will get a refresher and an update on the various contract types as well as some of the new, innovative types of contracts in use today

It includes an analysis of the risks characteristic of different kinds of contracting and the role of risk management in both fixed-price and cost-reimbursement contracting.

This course goes beyond consideration of the differences among the various types of contracts; it covers the practical, legal, accounting, and management implications related to each type of contract. Its objective is to provide both new and experienced professionals with a deeper understanding of what how to effectively administer and manage their own contracts.

You’ll receive a copy of the Contract Types textbook and its accompanying workbook.

The essential topics covered fall under each of the following headings:

• Contract Type Selection,
• Basic Contract Types,
• Applicable Accounting Regulations,
• Incentive-Type Contracts,
• Other Contract Types and Agreements,
• Special Types of Acquisitions, and
• Today and Tomorrow

This seminar offers best practices as well as the answers to important questions about cost estimating and contract pricing including:

• What should a product, service, or integrated business solution cost?
• How much is it worth to the buyer?
• What is the appropriate rate of return or profitability for a product or service?
• What constitutes a fair and reasonable price?
• How can buyers ensure they are not paying too much?
• How can sellers maximize both sales and revenue in a consistent manner?

Find out the answers to these questions, learn about new tools and techniques, and much more!

The essential topics covered fall under each of the following headings:

• Cost Estimation: Methods, Processes, and Sources of Risk;
• Cost Estimating Fundamentals;
• Cost Analysis: Tools and Techniques;
• Profit Analysis: Tools and Techniques;
• Contract Pricing: Strategies, Methods, and Best Practices;
• Fixed Price and Cost Reimbursement Pricing Arrangements;
• Time and Materials and Labor-Hour Pricing Arrangements; and
• Price Analysis: Tools, Techniques, and Best Practices

“Developing Winning Proposals” is designed to provide you with the nuts and bolts you need to review a request for proposal (RFP), put together a proposal team, and develop the detailed cost estimates you’ll need to convince a customer that you can best satisfy their needs.

This seminar is designed for everyone involved in the various proposal process. In addition to contract management professionals, this program also benefits anyone involved in the acquisition process: managers, directors, financial analysts, engineers, and business development employees, among others.

The course is designed to acquaint those new to the proposal process with the unique skills necessary to respond to a government customer (or prime contractor) RFP. However, the course also has enough substance to ensure that even those with a great deal of experience in preparing proposals will learn something they will be able to apply to their work as soon as they get back to the office.

The end goal of this one-day action-packed seminar is to ensure that attendees leave with an understanding of why their proposals should be responsive to the RFP; how to correctly assembled and lead a team; and that the resulting cost, technical, and management volumes present their company in the best possible light which will increase their chances of being awarded a contract.

These essential topics are organized under the following major headings:

• Getting Ready for the Request for Proposal,
• Sellers,
• The Proposal Process,
• Risk Management,
• Cost Estimating Techniques,
• Building and Documenting a Robust Cost Estimate,
• Cost Estimating System,
• Detailed Cost Estimating,
• Regulatory and Statutory Considerations,
• Policies and Procedures,
• Management Volume Considerations, and
• Proposal Review Process, Proposal Analysis Approaches

You will also receive a copy of Developing Winning Proposals.

“FAR Essentials” presents the critical topics from the Federal Acquisition Regulation (FAR)—the source of the uniform policies and procedures for acquisition applied by all U.S. federal government agencies. This in-depth seminar explores the 28 essential topics of the FAR that government and industry contract management professionals need to master.

Click here to view the Table of Contents and sample charts.

These essential topics are organized under the following major headings:

• General,
• Acquisition Planning,
• Contracting Methods and Types,
• Socio-Economic Programs,
• General Contracting Requirements, and
• Contract Management.

At the completion of this seminar, you will be able to:

• Identify key players (roles) in the acquisition system;
• Make appropriate decisions based on relevant dollar thresholds throughout the FAR;
• Navigate the acquisition planning process, including publicizing contract actions and determining responsible contractors;
• Recognize full and open competition requirements (by FAR part);
• Select contract types;
• Determine the best Contracting methods;
• Determine whether to use FAR Part 12 for an acquisition;
• Determine whether to use FAR Part 13;
• Implement socioeconomic programs, including small business programs, labor laws, and environmental programs;
• Allocate costs based on accounting principles;
• Evaluate acceptable forms of payments for contract financing;
• Assign, allocate, and protect data rights;
• Follow appropriate procedures for filing and handling disputes and protests;
• Manage contracts after award; and
• Assess and remedy subcontract management issue

You will receive also receive a copy of the Desktop Guide to FAR Essentials.

The Desktop Guide to Key Contract Terms and Conditions focuses on the most negotiated contract terms and conditions in the U.S. federal government contracting environment. “Most negotiated” refers to the amount of upfront time and effort typically required to reach agreement. The guide also discusses the negotiation of terms and conditions from three practical, day-to-day perspectives: the U.S. federal government buyer, the prime contractor (as seller and buyer), and the subcontractor.

The guide is based primarily on the Federal Acquisition Regulation (FAR), which provides the uniform policies and procedures for acquisition by all executive agencies. The FAR is thousands of pages and quite complex, so the Desktop Guide identifies and summarizes the essential terms and conditions to be mastered by government and industry contract management professionals. This format allows for a quick grasp of the most important policies and clauses.

Every attendee will receive a copy of the Desktop Guide to Key Contract Terms and Conditions.

The Desktop Guide has 20 essential topics organized into the following major headings:

• General (Risk Management and Subcontracts)
• Pricing Clauses
• Delivery and Quality Assurance Clauses
• Post-Delivery Clauses
• Changes, Stop-Work, and Termination Clauses
• Liability Clauses
• Intellectual Property Clauses
• Disputes Clauses

At the completion of this seminar, participants will be able to:

• Implement risk management strategies in negotiating terms and conditions
• Determine the impacts of the hybrid nature of subcontract terms and conditions
• Select appropriate contract types and their associated terms and conditions
• Know the audit rights associated with FAR Part 12, 13, 14, and 15 acquisitions
• Apply basic delivery and transportation terms and conditions
• Apply the appropriate contract quality requirements and their related terms and conditions
• Understand the concept of acceptance and the associated terms and conditions
• Implement liquidated damages clauses when appropriate
• Use warranty terms and conditions to reduce risk
• Evaluate the terms and conditions for bilateral and unilateral changes
• Negotiate the terms and conditions for termination for convenience, stop work, and termination for default
• Limit liabilities and risks by negotiating clauses such as insurance, limitation of liability, indemnification, and liability for U.S. government property
• Obtain rights to use intellectual property and protect intellectual property by using proprietary information agreements and rights in data and software clauses
• Identify and negotiate an appropriate prime or subcontract disputes clause

This new seminar provides hands-on experience in how commercial item contracts are priced and negotiated. Participants will work in buyer and seller teams (either government-to-industry or business-to-business perspectives) to perform the following tasks:

• Analyze a request for proposal (RFP) for a portfolio of commercial items/services
• Apply the requirements of FAR Part 12, as applicable
• Identify specific performance and cost risks
• Consider value-based pricing
• Use price analysis techniques to develop a proposal
• Negotiate specific terms and conditions

Risk management―the ability to efficiently and cost-effectively mitigate potential problems—is fundamental to good business in both the public and private sectors.

This seminar provides a unique and comprehensive view of what it takes to successfully manage large, complex, high-technology U.S. government contracts and projects. Led by celebrated principal author Gregory A. Garrett, a contributing author of the book of the is part of a team of 12 subject-matter experts. This one-of-a-kind seminar is loaded with process diagrams tools, techniques, and best practices to help acquisition professionals in both the U.S. government and industry improve business results. If you’re in the business of buying or selling complex products, systems, services, or integrated solutions to or for the U.S. government, this seminar is a must.

Key Learning Objectives:

• The common myths and best practices in managing risk on U.S. government contracts and projects;
• How to apply the ORM process to contracts and projects;
• How to use numerous tools and techniques to identify, analyze, and mitigate contract and project risk;
• The contractual, schedule, technical, and financial aspects of risk typically encountered when managing complex government contracts and projects;
• How to manage risk associated with government professional services contracts and projects; and
• How to use the Contract Management Risk and Opportunity Assessment Tool to improve business results
• Every attendee will receive a copy of Risk Management for Complex U.S. Government Contracts & Projects and its accompanying workbook.

These essential topics are organized under the following major headings:

• Government Contracting Risk Management: Common Myths and Best Practices;
• The Opportunity and Risk Management Process;
• Opportunity and Risk Management Tools and Techniques;
• Contractual Aspects of Risk Management;
• Financial, Schedule, and Technical Aspects of Risk Management;
• Risk Management for Professional Services; and
• The Contract Management Risk and Opportunity Assessment Tool.

"Subcontract Management from A to Z" focuses on subcontract management in the U.S. federal government environment. Subcontract management under a government prime contract is a hybrid between the company’s commercial subcontracting requirements and the federal government’s subcontracting requirements. This seminar offers a unique perspective look at the topics that make subcontract management different under a prime government contract.

The seminar covers 32 essential subcontract management topics organized under the following major headings:

• Organizing,
• Sourcing,
• Awarding, and
• Managing.

At the completion of this seminar, you will have a greater understanding of:

• Why subcontract management is important,
• How subcontract management relates to other disciplines,
• How subcontract management is organized within the procurement organization,
• The requirements for a purchasing system,
• The subcontract management model,
• The importance of defining subcontractor requirements,
• How to find and select responsible subcontractors,
• The subcontractor compliance and business ethics requirements,
• The key elements of nondisclosure and teaming agreements with subcontractors,
• How contracting clauses are flowed down to the subcontractors,
• The subcontract pricing requirements for noncommercial and commercial subcontracts, and
• How to manage the key issues during the performance of subcontracts

You will also receive a copy of the Subcontract Management from A to Z book.

The Contracting Officer's Representative (COR) Guide to Performance and Quality

The "COR Member of the Acquisition Team” National Education Seminar (NES) is designed to better illustrate the important role that the contracting officer’s representative (COR) plays in ensuring that the contract specialist or contracting officer properly manages his or her contract. The tenets of the course are universal as it points to the oft-disregarded portions of contracting, which are post-award contract management and the importance of the role of the COR.

Everyone involved with acquiring supplies and services needs to understand this important relationship and the significance of the distinct responsibilities of the COR ("the eyes and ears of the contracting office").

Critically examining the role of the COR on the acquisition team gives the COR a tailored learning experience to better perform his or her key duties and industry invaluable insight and analogies regarding their customers' internal business processes and procedures.

While the focus is on the COR's role, this course ultimately illuminates the value of teamwork, partnering, planning, and executing across all functions (e.g., program management, performance work statement/proposal development, evaluation/negotiation, technical monitoring, budgeting, logistics and contract administration) throughout the acquisition life cycle.

Whether you are a new or experienced COR, contracting professional, or simply a member of the acquisition team, this seminar is for you! Each unit of this course builds on the previous unit, thus reinforcing and connecting what has been learned. This building block approach is coupled with both active end-of-unit exercises and case studies.

Every attendee will receive a copy of The COR Member of the Acquisition Team book and its accompanying workbook.

At the completion of this seminar, participants will have a greater understanding and appreciation of the following:

Knowledge of the importance of the role of the COR to the acquisition process;

Understanding of the need for diversified skill set to perform the COR duties;

Tools and techniques to aid the COR in:

• Conducting market research,
• Understanding requirements (bona fide needs),
• Building a quality assurance surveillance plan,
• Creating evaluation factors,
• Assessing performance, and
• Building and using a COR handbook;
• Communication skills to effectively facilitate and document an evaluation of contractor performance, and
• Ethical insight and how to stay out of trouble as a COR (ethics and conflict of interest)

These essential topics are organized under the following major headings:

• Understanding the Role of the COR,
• Joining the Acquisition Team,
• COR and Procurement Planning,
• COR and Solicitation Planning,
• COR and Evaluation and Award,
• COR and Post-Award Administration,
• COR and Contract Closeout, and
• What Next? Conflict of Interest and the Future.