Thank You for Joining Us, The Webinar Will Begin Shortly. Give Me 5: Doing Work Outside the Scope of the Contract

Transcription

1 Thank You for Joining Us, The Webinar Will Begin Shortly Give Me 5: Doing Work Outside the Scope of the Contract While you are waiting please check out the Upcoming Webinars on

2 Before we begin just a few notes: During the presentation lines will be muted so only presenters can be heard. While you are listening please also put your phone on mute Do NOT put your phone on hold please hang up and call back If having trouble viewing the presentation please close out and log in using a different browser If your slides are not moving please refresh or log out & then log back in If you have any questions during the presentation, please feel free to enter them into the discussion box on the bottom left of your screen

3 DOING WORK OUTSIDE THE SCOPE OF THE CONTRACT ROGERS JOSEPH O DONNELL

4 Women Impacting Public Policy (WIPP) is a nonprofit, membership organization working to increase the economic power and public policy clout of women entrepreneurs by providing essential business skills education, leadership opportunities for business and personal growth, and a seat at the table among policymakers in Washington, D.C. WIPP was founded in 2001 and is recognized as a national, nonpartisan voice for women business owners, advocating on behalf of its coalition of 4.7 million businesswomen including 78 business organizations. WIPP identifies important trends and opportunities and provides a collaborative model for the public and private sectors to advance the economic empowerment of women.

5 Give Me 5 National program from WIPP & American Express OPEN designed to educate women business owners on how to apply for and secure federal procurement opportunities. Give Me 5 works to increase the representation of Women Business Owners that win government contracts. We provide accessible business education tools to assist both new and experienced federal contractors. Women Business Owners could gain more than $4 billion in annual revenues if the 5% contracting goal set by Congress was reached.

6 ROGERS JOSEPH O DONNELL PAT MEAGHER Partner LAUREN KRAMER Associate

7 FAR THE CHANGES CLAUSE

8 FAR THE CHANGES CLAUSE

9 FAR THE CHANGES CLAUSE Fixed Price

10 FAR THE CHANGES CLAUSE Fixed Price Cost Reimbursement

11 FAR THE CHANGES CLAUSE Fixed Price Cost Reimbursement T & M or Labor Hours

12 FAR THE CHANGES CLAUSE Fixed Price Construction T & M or Labor Hours Cost Reimbursement

13 THE PURPOSE OF THE CHANGES CLAUSE

14 THE PURPOSE

15 THE PURPOSE FLEXIBILITY

16 THE PURPOSE FLEXIBILITY IMPROVEMENTS

17 THE PURPOSE FLEXIBILITY IMPROVEMENTS SAME CONTRACT

18 THE PURPOSE FLEXIBILITY IMPROVEMENTS SAME CONTRACT CLAIMS PROCESS

19 LIMITATIONS OF USE OF THE CHANGES CLAUSE

20 LIMITATIONS OF USE MUST BE WITHIN THE GENERAL SCOPE OF THE CONTRACT

21 MUST BE WITHIN THE GENERAL SCOPE OF THE CONTRACT LIMITATIONS OF USE FUNCTION OR NATURE TEST

22 MUST BE WITHIN THE GENERAL SCOPE OF THE CONTRACT LIMITATIONS OF USE FUNCTION OR NATURE TEST COST AND DISRUPTION TEST

23 IN THE SCOPE?

24 IN THE SCOPE?

25 IN THE SCOPE?

26 IN THE SCOPE?

27 IN THE SCOPE?

28 IN THE SCOPE?

29 IN THE SCOPE?

30 THE NUTS AND BOLTS OF THE CHANGES CLAUSE

31 THE NUTS AND BOLTS

32 THE NUTS AND BOLTS BILATERAL CONTRACT MODIFICATION

33 GOVERNMENT INITIATED CHANGE ORDER BILATERAL CONTRACT MODIFICATION THE NUTS AND BOLTS

34 GOVERNMENT INITIATED CHANGE ORDER THE NUTS AND BOLTS

35 GOVERNMENT INITIATED CHANGE ORDER BILATERAL CONTRACT MODIFICATION THE NUTS AND BOLTS UNILATERAL CONTRACT MODIFICATION

36 GOVERNMENT INITIATED CHANGE ORDER BILATERAL CONTRACT MODIFICATION THE NUTS AND BOLTS UNILATERAL CONTRACT MODIFICATION DISPUTE

37 GOVERNMENT INITIATED CHANGE ORDER BILATERAL CONTRACT MODIFICATION CONTRACTOR INITIATED CHANGE ORDER THE NUTS AND BOLTS UNILATERAL CONTRACT MODIFICATION DISPUTE

38 GOVERNMENT INITIATED CHANGE ORDER BILATERAL CONTRACT R IMODIFICATION S K CONTRACTOR INITIATED CHANGE ORDER THE NUTS AND BOLTS UNILATERAL CONTRACT MODIFICATION DISPUTE

39 PRICING CHANGES UNDER THE CHANGES CLAUSE

40 PRICING REASONABLE COST IMPACT

41 PRICING REASONABLE COST IMPACT MARKET VALUE

42 PRICING REASONABLE COST IMPACT MARKET VALUE OTHER SIMILAR CONTRACTORS

43 PRICING REASONABLE COST IMPACT MARKET VALUE OTHER SIMILAR CONTRACTORS OBJECTIVE

44 PRICING BURDEN

45 PRICING CONTRACTOR BURDEN

46 GOVERNMENT PRICING CONTRACTOR BURDEN

47 PRICING CALCULATION

48 PRICING HISTORICAL CALCULATION

49 PRICING HISTORICAL ESTIMATED CALCULATION

50 PRICING HISTORICAL ESTIMATED TOTAL CALCULATION

51 PRICING SUBCONTRACTOR DELAY COSTS? CONTENTS

52 DEDUCTIVE CHANGE ORDERS

53 PROTESTS BY THIRD PARTIES

54 CONSTRUCTIVE CHANGES

55 ROGERS JOSEPH O DONNELL PAT MEAGHER pmeagher@rjo.com (415) LAUREN KRAMER lkramer@rjo.com (415)

56 Thank You For Participating Following this call you will receive links to the podcast of this session. For questions, please contact Lin Stuart at

57 Get Involved! Join a policy issue committee and learn how policy can impact your business growth Make your voice heard - become a member of our national Instant Impact Advocacy Team Participate in our educational series unlimited opportunities for you and your staff Receive weekly policy updates and briefings WIPP Questions? Contact WIPP Staff Program & Education Coordinator: Lin Stuart LStuart@wipp.org (415) Membership Coordinator: Lynn Bunim LBunim@wipp.org (415)

58 ROGERS JOSEPH O DONNELL PAT MEAGHER pmeagher@rjo.com (415) LAUREN KRAMER lkramer@rjo.com (415)