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Legal Considerations in Government Contracting (CON 216)

Available Modalities:

  • e-Training
  • Public Classroom
  • On Site
  • Virtual Classroom
SHOW CREDIT DETAILS
Delivery Method PDU Total Technical PMP/PgMp Leadership Strategy PMI RMP PMI SP PMI ACP PfMP PMI PBA
Instructor-Led Training 30 8 0 22 2 0 0 0 0
Delivery Method Instructor-Led Training
PDU Total 30
Technical PMP/PgMp 8
Leadership 0
Strategy 22
PMI RMP 2
PMI SP 0
PMI ACP 0
PfMP 0
PMI PBA 0
  • CEUs: 3
  • CPEs: 36
  • Field of Study: Management Advisory Services
Synopsis

In this course, you’ll build upon your learning from Level I contracting courses, the prerequisite Level II courses and your on-the-job experiences to gain the legal knowledge essential in making sound government contracting decision. Legal Considerations in Government Contracting introduces the legal foundations and sources of law relevant to the procurement process, including authority and ethics. It addresses various legal issues that may develop during the phases of a contract, such as protests, subcontracting considerations, inspection and acceptance issues, fraud and contract termination. Case studies based on federal court and board of contract appeals decisions are incorporated throughout the course to reinforce the foundations of government contact law.

This course is recommended for contracting personnel who work, or are expecting to work, in positions requiring unlimited contracting officer warrants or a Level II Defense Acquisition Workforce Improvement Act (DAWIA) certification.

Recommended prerequisite: To follow DAU requirements, Strategy Execution recommends students complete the Level I CON courses, CON 214 and CON 215 prior to taking this course.

DAWIA/FAC-C Equivalency: CON 216 DAWIA and FAC-C Level 2

Learn
  • Identify the major sources of procurement law
  • Explain the ethical principles that apply to government contracts
  • Outline issues related to the acquisition phases and their legal implications
  • Identify the legal obligations of both parties when a contract performance issue arises

This course uses digital materials.

Topics
  • Overview of Government Contract Law
    • Separation and delegation of power
    • Sources of procurement law
    • Legal foundations
    • Contracts
    • Concept of authority
    • Equitable estoppel
    • Ratification
    • Rules of contract interpretation
  • Acquisition Planning
    • The acquisition plan
    • Required sources
    • Market research
    • Requirements for competition
    • Bundling
    • Socioeconomic goals that affect competition
    • Methods of procurement and contract types
    • Special rules
    • Performance-based service contracts
  • Funding and Fiscal Matters
    • Appropriations law
    • Life cycle of an appropriation
    • Application of limitations
    • Avoiding anti-deficiency act violations
    • Nature of an obligation
    • Contract financing
    • Assignment of claims
  • Intellectual Property
    • Ownership vs. license rights
    • IP and acquisition planning
    • Common types of IP protection
    • Inventions and title
    • Subcontract notices
    • Post-award focus on patents/inventions
    • Data rights
    • Data marking
  • Subcontracting Considerations
    • Statutory and regulatory issues
    • Understanding privity
    • FAR prohibitions against subcontracting
    • Managing subcontract risk
    • Subcontracting plan
    • Government monitoring of subcontract plans
    • Flow-down clauses in subcontracts
    • Special legal issues
    • GAO protests: award or proposed award
    • Kickbacks
    • Payment bonds
    • International subcontracts
  • Award Issues
    • Three types of award procedures
    • Source selection plan
    • Evaluation factors
    • Notice to unsuccessful offerors
  • Protests
    • Reasons for protests
    • Avoiding a protest
    • Three forums for filing protests
  • Key Legal Issues with Inspection and Acceptance
    • Inspection
    • Acceptance of conforming supplies or services
    • Notification of acceptance or rejection
    • Evidence of final acceptance
  • Change Management
    • Contract changes and modifications
    • Types of change clauses
    • Cost and pricing data
    • Determine appropriate consideration
    • Bilateral modifications/supplemental agreements
  • Claims and Disputes
    • Statutory authority
    • Claims
    • Appeals process
    • Board of Contract Appeals
    • Court of Federal Claims
    • Alternative Dispute Resolutions (ADR)
  • Contract Termination
    • Termination for default
    • Deferring termination action
    • Notice of termination
    • Termination for convenience
    • The termination process
    • Termination settlement
    •  Adjustment for loss
    • Subcontract settlement procedures
  • Procurement Fraud
    • Warning signs of possible fraud
    • Common law fraud
    • Policy
    • Statutes
    • Agency responsibility
    • Administrative and contractual remedies
    • Foreign Corrupt Practices Act (FCPA)
  • Other Post-Award Considerations
    • Suspension and debarment
    • Excluded parties list system
    • Certifications
    • Contractor debts
    • Bankruptcy