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Management Concepts

Legal Considerations in Contracting

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Description

Numerous legal considerations must be taken into account during the procurement process. You will learn the basic principles and sources of law relevant to procurement through this Federal Acquisition Certification Contracting (FAC-C) and Defense Acquisition Workforce Improvement Act (DAWIA) Level II certification training course. You will also gain an understanding of other legal issues that may arise during a contract, including protests, assignment of claims, disputes, fraud, contractor debt, performance issues, and contract termination.

Note: If you are not looking for Level II Certification, consider Federal Contract Law as an alternative.

Learning Objectives

  • Discuss the legal and ethical principles that apply to government contracts
  • Identify essential fiscal laws that apply to contracts
  • Identify legal considerations related to intellectual property
  • Identify different processes by which challenges may be filed against a federal acquisition
  • Define the legal obligations of both parties when a contract performance issue arises
  • Discuss formal dispute resolution procedures under the Contract Disputes statute
  • Identify criminal, civil, and administrative remedies for contract fraud
  • Select the processes and procedures for terminating a contract
  • Choose the appropriate tool for recovering monies owed the government

Course Topics

Introduction to Government Contract Law

  • Constitutional Principles
  • Sources of Contract Law
  • Underlying Legal System
  • Elements of a Contract
  • Classification of Contracts
  • Authority and Power of the United States to Contract
  • Commercial versus Government Authority and Contracts
  • Summary
  • Case Study
  • Problem Solutions

Fiscal Law

  • Fiscal Law Basis
  • Appropriations Process
  • The Proper Use of Funds
  • Obligations
  • Case Studies
  • Problem Solutions

Intellectual Property

  • Definition
  • Patents
  • Trade Secrets
  • Copyrights
  • Trademarks
  • Government Works
  • Technical Data Rights
  • Summary
  • Case Study
  • Problem Solutions

Protests

  • What is a Protest?
  • Protests to the Agency
  • Protests to the Government Accountability Office
  • Protests to the Court of Federal Claims
  • Summary
  • Case Studies
  • Problem Solutions

Assignment of Claims

  • Definition
  • Assignment of Claims Process
  • Summary
  • Case Study
  • Problem Solution

Legal Issues in Contract Performance

  • Rules of Contract Interpretation
  • Inspection, Delivery, and Acceptance
  • Modification of Government Contracts
  • Summary
  • Case Studies
  • Problem Solutions

Claims and Disputes

  • Equitable Adjustments
  • Contract Disputes Process
  • Direct Actions in the United States Court of Federal Claims
  • Judicial Review by the Court of Appeals for the Federal Circuit
  • Alternative Dispute Resolution
  • Summary
  • Case Studies
  • Problem Solutions

Contract Fraud

  • Procurement Fraud
  • Agency Responsibility
  • Debarment, Suspension, and Ineligibility
  • Summary
  • Case Studies
  • Problem Solutions

Contract Terminations

  • Overview
  • Termination for Convenience
  • Settlement of Terminations
  • Termination Due to Inadequate Contractor Performance
  • Summary
  • Case Studies
  • Problem Solutions

Contractor Debt

  • Reasons for Contractor Debt
  • Debt Collection Act
  • Debt Recovery
  • Routine Setoff
  • Summary
  • Case Study

Who should attend

This course is designed for contracting personnel pursuing FAC-C or DAWIA Level II certification.

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