Available dates

Mar 16—20, 2020
5 days
Washington, District of Columbia, United States
USD 1209
USD 241 per day
May 4—8, 2020
5 days
San Diego, California, United States
USD 1209
USD 241 per day
Jun 22—26, 2020
5 days
Washington, District of Columbia, United States
USD 1209
USD 241 per day
+4 more options

Disclaimer

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Full disclaimer.

About the course

Understanding the legal framework behind the FAR is essential for acquisition team members’ professional competence and growth. You will walk through the full range of legal issues that frequently arise in Federal contracting by reading and evaluating actual cases from the Comptroller General, the Civilian Board of Contract Appeals, and the courts.

Note: If you are a Federal contract specialist in the GS-1102 occupational series, you may be required to take CON 216: Legal Considerations in Contracting instead of this training course.

Learning Objectives

  • Discuss the general principles of Federal contract law
  • Describe the statutory and administrative control of funds
  • Discuss ethical standards and impermissible business practices
  • Explain socioeconomic policies associated with small businesses and labor standards
  • Discuss contract formation issues and bid protests
  • Describe legal considerations associated with postaward contract administration, claims, and terminations

Course Topics

Legal Framework

  • Elements Essential to a Contract
  • Sovereign Immunity
  • Authority
  • Estoppel
  • Waiver
  • Accord and Satisfaction (Settlement)
  • Choice of Law
  • Summary
  • Case Studies

Funding of Federal Contracts

  • The Budget Process
  • The Proper Use of Funds
  • The Anti-Deficiency Act
  • Summary
  • Case Studies

Ethics, Business Practices, and Conflicts of Interest

  • Restrictions on Obtaining and Disclosing Certain Information Statute
  • Other Laws and Regulations Regarding Ethical Conduct
  • Business Practices
  • Organizational Conflicts of Interest
  • Summary
  • Case Studies

Socioeconomic Policies

  • Small Business and the Role of the Small Business Administration
  • Small Business Preference Programs
  • Certificates of Competency
  • Domestic Products/Buy American Statute
  • Labor Standards
  • Environmental Policies
  • Energy- and Water-Efficient Products
  • Use of Recovered Materials and Biobased Products
  • Environmentally Preferable Products and Services
  • Summary
  • Case Studies

Contract Formation Methods

  • Sealed Bidding
  • Competitive Negotiation
  • Exceptions to Full and Open Competition
  • Summary
  • Case Studies

Challenges By Unsuccessful Offerors

  • Agency
  • Government Accountability Office
  • Judicial
  • Summary
  • Case Studies

Postaward Contract Performance

  • Contract Modifications
  • Inspection, Acceptance, and Warranties
  • Case Studies

Termination Due to Inadequate Contractor Performance

  • Principles of Termination Due to Inadequate Contractor Performance
  • Default in Commercial Item Contracts
  • Default in Fixed-Price Contracts for Other Than Commercial Items
  • Cost-Reimbursement Contracts (FAR 52.249-6)
  • Excusable Delay
  • Authority to Terminate
  • Anticipatory Repudiation
  • Repurchase
  • Bankruptcy
  • Other Rights and Remedies of the Government
  • Case Studies

Termination for the Convenience of the Government

  • Overview
  • FAR Termination for Convenience Clauses
  • Procedures
  • Improper Termination Due to Inadequate Contractor Performance
  • Improper Termination for Convenience
  • Settlement of Termination
  • Summary
  • Case Studies

Contract Claims and Litigation

  • Procedures Under the Contract Disputes Statute and the Disputes Clause
  • Judicial Review by the Court of Appeals for the Federal Circuit
  • Nonjudicial Remedies of the Government
  • Alternative Dispute Resolution
  • Attorney Fees
  • Summary
  • Case Studies

Fraud and Exclusion

  • False Statements
  • False Claims
  • Fraud Related to Contract Pricing Or Payments
  • Product Substitution
  • Program Fraud Civil Remedies Act of 1986
  • Debarment, Suspension, and Ineligibility
  • Summary
  • Case Studies

Who should attend

This training course is appropriate for contracting, program, and financial personnel who are involved in federal contracting, as well as federal contractors.

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