Webinar: Making the Right Choices in Government Contracting Part 3
|
|
- Imogen Young
- 5 years ago
- Views:
Transcription
1 Public Contracting Institute LLC Webinar: Making the Right Choices in Government Contracting Part 3 Presented by Richard D. Lieberman, FAR Consultant, Website: rliebermanconsultant@gmail.com. Mr. Lieberman is a procurement consultant and retired government contracts attorney. He is the author of eight books including The 100 Worst Government Mistakes in Government Contracting,; The 100 Worst Mistakes in Government Contracting (with Jason D. Morgan), and Elements of Government Contracting. His published articles include 10 Big Mistakes in Government Contract Bidding, 10 Big Mistakes in Government Contract Administration, Incorrect Government Advice Whom Should You Heed and The Ten Big Mistakes Made by Small Businesses and New Government Contractors. Mr. Lieberman is a former Deputy Inspector General and Assistant Inspector General of the Department of Defense. He served as a Professional Staff Member of the Senate Appropriations Committee. He has taught government contracts courses for the Public Contracting Institute, Federal Publications Seminars, LLC, the George Washington University Law School, the University of Maryland and numerous military, aerospace and information technology contractors. Lieberman 1
2 Contract Administration Never start to work and incur costs before your contract is actually signed, on the promise of award A Government intent letter to award is not enough to form a contract. A Government award letter stating the CO accepts your bid or proposal forms a contract, or a signed contract forms a contract. Unfunded Contracts: (Availability of funds clause): Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. FAR ***Do not work on anything without a signed contract that is funded. Lieberman 2
3 Contract Administration Always submit a proper invoice Invoice must contain: Name and address of the Contractor. Invoice date and invoice number. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. Name and address of Contractor official to whom payment is to be sent Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. Taxpayer Identification Number (TIN). Electronic funds transfer (EFT) banking information. Any other information or documentation required by the contract (e.g., evidence of shipment). FAR , Prompt payment. Make the first invoice correct, and prohibit staff from changing format Lieberman 3
4 Contract Administration Never follow oral promises and direction, but rather, follow what is in the written contract. Contract modification means any written change in the terms of a contract. FAR Change order means a written order, signed by the contracting officer, directing the contractor to make a change. FAR Supplemental agreement is a contract modification that is signed by the contractor and the contracting officer. FAR Oral modifications may not be made where the FAR requires they be in writing. 835 F. 2 nd 865. Lieberman 4
5 Contract Administration Always follow up immediately on nonpayment of proper invoices. Payments are generally due within 30 days. 31 USC Regardless of due dates, which may vary by contract, track payments and due dates Advise CO in writing of nonpayment at 45 days, request payment. If denial or non-reply from CO by 60 th day, submit formal Contract Disputes Act claim to CO Lieberman 5
6 Contract Administration No matter what you think, you have no right to receive award of an option Options are normally unilateral and FAR Subpart 17.2 states that CO may exercise an option if: Funds are available There is government need Option is most advantageous method Option was synopsized if required. Caselaw establishes that exercise is up to Government s discretion/judgement. 847 F.2d 811. Normally, government can also extend a services contract for up to six months (FAR ) Lieberman 6
7 Contract Administration Never volunteer to perform extra work with the expectation that you will be compensated later. Volunteers do not expect to be paid. Courts and Boards recognize this. 30 Fed. Cl. 259 If you perform work not in your contract, without a change order or modification, you are a volunteer Demand a written modification or change order, or decline to perform such work and notify the CO in writing. Lieberman 7
8 Contract Administration Always pay at least the minimum wages and/or benefits required by the wage determination in your contract. Wage determinations in solicitations must be complied with (usually service contract) Minimum wages and benefits (you can pay more, but most do not) Wage determination applies to all subcontractors (must flow down) Penalties: Financial, debarment, criminal prosecution, contract cancellation Lieberman 8
9 Contract Administration Always insist that the government exercise any option in strict accordance with its terms. Although government has discretion in whether to exercise an option, it must exercise it exactly as required by contract. Typically, preliminary notice of intent to exercise is required 60 days before exercise-this is mandatory for exercise Any attempt by government to alter the option, such as period of performance, makes the exercise ineffective Insertion of an availability of funds clause, makes exercise conditional and invalid If option isn t exercised properly, the contractor can decline performance or seek an equitable adjustment Lieberman 9
10 Subcontract Management Always remember to flow down the FAR clauses in your contract to your subcontractors and suppliers, particularly the Termination for Convenience and Changes clauses. Subcontract management is often critical to a prime s success. Mandatory flow-downs: audit, cost accounting standards, equal opportunity, Davis-Bacon, Service Contract Act, others Essential also to flow down Changes Clause (FAR ) and Termination for Convenience (FAR ) clauses [both can be modified so they are not triggered until there is a related change in the prime contract]. Permits subcontractor to request equitable adjustment and submit a termination for convenience settlement proposal to the prime. When in doubt about a clause, flow it down. Lieberman 10
11 Polling Question Your contract has one priced option, which the government may exercise as follows: The CO may exercise the option by written notice to the contractor within 30 days of contract expiration, provided that the Government gives the contractor a preliminary written notice of its intent to exercise at least 60 days before the contract expires. [Similar to FAR ]. 50 days before the contract expires, your CO sends you an stating that it is my intent to exercise the option, but this is NOT an exercise of the option. That will only be exercised as stated in the contract. 17 days before the contract expires, the CO sends you a modification that formally exercises the option. Must you perform the option? 1) Yes 2) No Lieberman 11
12 Subcontract Management Always tailor subcontract clauses and include dispute resolution methods in subcontracts Clauses in your subcontracts must be tailored: Use incorporation by reference of a list of FAR clauses from prime, and state whenever Government or Contracting Officer appears, replace it with Prime Contractor; whenever contractor or prime contractor appears, replace with subcontractor You should include a method for resolving disputes. Gov t disputes clause is not appropriately worded for disputes between private contractors (FAR should not be flowed down) Lieberman 12
13 Contract Administration Always comply with the quality control/quality assurance requirements in your contract Contract quality requirements are the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to assure that the product or service conforms to the contractual requirements. FAR Four QA categories in the FAR (FAR ) Standard inspection requirements: acceptable inspection system, gov t right to inspect Higher-level QA: for high performance aircraft, submarines, etc., gov t right to inspect For contracts under $100K: Gov t may rely on inspections by contractor Commercial (existing) QA systems: gov t should rely on contractor s system Lieberman 13
14 Contract Administration If you request a revision to the delivery schedule for reasons other than government delay or fault, always offer consideration (generally a price reduction). In commercial contract, modification does not require consideration. UCC 2-209(1) [Consideration is money or something of value, e.g. a warranty] Government contracts are different. Performance of a pre-existing legal duty is not consideration. 369 F.3d 1318 Contract modifications require consideration to be valid. ASBCA Adequacy or dollar amount of consideration is not considered ($1 is enough) When seeking a new delivery schedule, always offer some consideration (price reduction, longer warranty, higher quality, etc.), otherwise the CO cannot lawfully accept the proposed modification. Lieberman 14
15 Polling Question What sort of consideration would be acceptable for a revision to the delivery schedule a. A $1 million reduction in total contract price b. A 5 cent/item reduction in unit price on the late items c. A 6 cent/item reduction on some other items d. A one year increase in the warranty on some of the delivered items e. A 3-5 page report explaining how to use the firing pin in one item. Lieberman 15
16 Answer to Polling Question Lieberman 16
17 Contract Administration Always assert your right to an equitable adjustment in a timely manner The Contractor must assert its right to an adjustment under the Changes clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. FAR If the Contracting Officer knows about this claim, strict compliance with notice requirement is not required. ASBCA Even oral notice to the Contracting Officer is acceptable. ASBCA Lieberman 17
18 Contract Closeout Always maintain contract records, especially supporting final rates, no matter how long before contract closeout & get your full payment Agencies, especially Department of Defense (including Defense Contract Audit Agency), take years to close out contracts. It is imperative that your records be complete and accurate, even if musty; continue pressure on agencies to complete closeouts as soon as possible Push the gov t to close out before too many govt personnel have rotated out of the out of the position and the institutional knowledge on the Government side is lost. Ensure to follow all steps in FAR (classified material, patent report, royalty report, no VECP outstanding, plant clearance, property clearance, pricing and disallowed costs, etc.) ENSURE ALL contractor costs are PAID IN FULL, including any holdbacks such as those in T&M and LH contracts, FAR , (15% of fixed fee or 5% of labor up to $50K) Always insist that any final release be bilateral Lieberman 18
19 Terminations Always respond properly to a cure notice or show cause notice. (1)The Government may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to-- (i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endanger performance of this contract or (iii) Perform any of the other provisions of this contract (2) The Government's right to terminate this contract under subdivisions ((ii) and (iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure. FAR , Default Only (i) and (ii) require a mandatory cure notice; in (iii) default may occur when you fail to deliver on time with no cure notice at all Show cause notice is optional Your response to either a cure notice or a show cause notice should be on time, complete and convincing, explaining you are not at fault or have cured the problem. Lieberman 19
20 Terminations Always request a no-cost termination in lieu of a default termination. No cost settlement possible, see FAR , 7; excess cost of reprocurement should be specifically waived. May be attractive to CO; gov t must prove default. 323 F 3d 1006 Lieberman 20
21 Claims When it happens, always identify and submit a claim for a constructive change. Constructive change = change + order. 68 Fed. Cl. 296 If Govt expressly or by implication orders or requires contractor to incur additional work not in contract: constructive change Broad Categories of constructive change: Dispute over interpretation during performance Gov t interference/failure to cooperate Defective specifications Superior knowledge/nondisclosure Acceleration Contractor should submit a formal claim under the Disputes Clause for any constructive change Lieberman 21
22 Claims Always include a sum certain in your claim. Claim means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract. FAR A sum certain is an exact amount The components of your claim may be based on valid estimates, but the claim sum must be certain Do not say at least, or not more than or approximately; no such phrase is a sum certain Certain claims may be revised when better information becomes available (either before the CO or at the Board or Court) Lieberman 22
23 Claims If a contracting officer fails to issue a final decision on your claim within 60 days of its submission (or fails to schedule a date certain for issuance of a final decision) immediately deem your claim denied and appeal to a Board of Contract Appeals or the Court of Federal Claims. if claim is under $100K, CO must issue a final decision within 60 days of receipt. If claim is over $100K, CO must issue a final decision within 60 days of receipt or notify contractor of an exact date or number of days within which the decision will be issued Any failure by the CO to issue a decision within the required period will be deemed to be a decision by the CO denying the claim and will authorize the commencement of an appeal or suit at the COFC or Board. 41 USC 605(c) ( deemed denied ) Court or Board may direct CO to issue decision, or proceed with the Appeal Why wait? Lieberman 23
24 Polling Question Why should a contractor always submit proper claims and pursue them at the Board or Court? a. The contractor is legally entitled to do so b. Even though it may upset the government, it is important to assert the contractor s rights c. The government frequently ignores Requests for Equitable Adjustments d. Sometimes a claim is the only way to get the government s attention. Lieberman 24
25 Ten Big Choices in Contract Formation 1. Read the entire solicitation, including all clauses incorporated by reference. 2. Always submit your bid or proposal on time 3. Always ask a written question about an ambiguity in any solicitation. 4. Always follow instructions in the solicitation precisely even if they seem unusual. 5. Don t expect to have discussions in a negotiated procurement, and be allowed to submit a final proposal revision. Lieberman 25
26 Ten Big Choices in Contract Formationcont d 6. Always be sure your bid complies with the IFB or your proposal conforms to the RFP. 7. Never take verbal advice, or advice from someone not authorized to give you valid advice or answers. 8. Be sure you understand the evaluation factors in an RFP and base your offer on them. 9. Always have someone who did not prepare your bid or proposal check it for compliance with the solicitation. 10. Always request a post-award debriefing in a negotiated procurement. Lieberman 26
27 Ten Big Choices in Contract Administration 1. Always read the entire contract, including all modifications and all clauses incorporated by reference. Be sure you understand them or ask the contracting officer questions in writing. 2. Always take direction only from officials authorized to give it. 3. Always follow what is written in your contract do not accept oral promises or directions. 4. Always comply with the specifications and quality control/quality assurance requirements in your contract. 5. Always deliver on time as required by the delivery schedule in your contract or a mod late delivery is not acceptable. Lieberman 27
28 Ten Big Choices in Contract Administration cont d 6. On Multiple Award Schedule Contracts, give most favored customer pricing to the Government if required. 7. Do not be a volunteer and do not perform extra work without seeking an equitable adjustment. 8. Always invoice properly, and demand timely payment from the government, or file a claim. 9. Always flow down necessary FAR (or other) clauses to your subcontractors and suppliers. 10. Make your performance world class, care about your customer, and always treat government officials with appropriate respect and dignity. Lieberman 28
100 Worst Mistakes in Government Contracting
100 Worst Mistakes in Government Contracting About the Program This course examines 100 classic mistakes to avoid when doing business with the government. The course draws on every phase of the government
More informationWebinar: Making the Right Choices in Government Contracting Part 2
Public Contracting Institute LLC Webinar: Making the Right Choices in Government Contracting Part 2 Presented by Richard D. Lieberman, FAR Consultant, Website: www.richarddlieberman.com, Email rliebermanconsultant@gmail.com.
More informationSlide 1. Slide 2. Slide 3 LEARNING OBJECTIVES WHAT S THE DIFFERENCE? PERSONAL AND PROFESSIONAL EXCELLENCE
Slide 1 PERSONAL AND PROFESSIONAL EXCELLENCE Contract Administration Beginning With the End in Mind David E. Nash, CPPO, CPPB 50 TH ANNUAL CONFERENCE MAY 24-27, 2017 ORLANDO, FLORIDA Slide 2 LEARNING OBJECTIVES
More informationGeneral Contract Conditions for Small Construction/Development Contracts
General Contract Conditions for Small Construction/Development Contracts U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 3/31/2020)
More informationContract Administration Final Exam
Contract Administration Final Exam 1. You want to solicit bids for a one year contract for concrete to support your roadway construction work. At this time, prices are fluctuating due to high demand and
More informationContract Clauses. B.1 General. Appendix B. Introduction. Numbering of Clauses
B.1.2 Appendix B B.1 General B.1.1 B.1.2 Introduction This Appendix sets forth the general clauses to be included in solicitations and contracts and clauses that (1) may be included at the discretion of
More informationWhat You Need to Know About Federal Government Contracting. What s Different?
What You Need to Know About Federal Government Contracting What s Different? Smith, Currie & Hancock LLP October 28, 2010 Steven L. Reed slreed@smithcurrie.com (202) 461-3107 1901 Pennsylvania Avenue,
More information(Revised April 28, 2014) ADVANCE PAYMENT POOL (DEC 1991)
(Revised April 28, 2014) 252.232-7000 Advance Payment Pool. As prescribed in 232.412-70(a), use the following clause: ADVANCE PAYMENT POOL (DEC 1991) (a) Notwithstanding any other provision of this contract,
More informationTHE RISKS AND EXTRA COSTS OF FEDERAL GOVERNMENT CONTRACTING. Richard J. Bednar Crowell & Moring, LLP (202) ;
THE RISKS AND EXTRA COSTS OF FEDERAL GOVERNMENT CONTRACTING Richard J. Bednar Crowell & Moring, LLP (202) 624-2916; rbednar@crowell.com J. Catherine Kunz Crowell & Moring, LLP (202) 624-2957; ckunz@crowell.com
More informationPROCUREMENT CODE. Part A Authority to Bind County to a Contract
PROCUREMENT CODE ARTICLE 4 CONTRACT FORMATION Part A Authority to Bind County to a Contract 4-101 Authorization By Dollar Amount. Regardless of the acquisition or disposal method to be used, the level
More informationACA UNIFORM TERMS AND CONDITIONS
ACA UNIFORM TERMS AND CONDITIONS ARIZONA COMMERCE AUTHORITY (ACA) UNIFORM TERMS AND CONDITIONS 1. Definition of Terms As used in this Solicitation and any resulting Contract, the terms listed below are
More informationFederal Acquisition Regulations: What Every Surety Professional Should Make Sure Their Clients Know
Federal Acquisition Regulations: What Every Surety Professional Should Make Sure Their Clients Know Surety Association of San Diego April 12, 2011 What are the Federal Acquisition Regulations? The Federal
More informationContract Modification Authority Decision Help Guide
Contract Modification Authority Decision Help Guide The purpose of this tool is to aid you in the selection of a modification authority to cite in Block 13 of the SF30. START Is the Contract/Order FAR-Based?
More informationGOVERNMENT CONTRACTING 101
GOVERNMENT CONTRACTING 101 THE VIEW FROM 50,000 FEET Timothy Sullivan Thompson Coburn LLP 1909 K Street, NW, Suite 600 Washington, D.C. 20006 (202) 585-6930 tsullivan@thompsoncoburn.com BACKGROUND The
More informationReview of CON 110, 111 & 112. Preparation for CON 120
Review of CON 110, 111 & 112 Preparation for CON 120 CON 110 Review Mission Support Planning Key Concepts What s a Best Value Procurement? Means the expected outcome of an acquisition that, in the Government
More informationMission Support Planning
CON 110 Review Mission Support Planning Key Concepts What s a Best Value Procurement? Means the expected outcome of an acquisition that, in the Government s estimation, provides the greatest overall benefit
More informationFEDERAL EMERGENCY MANAGEMENT AGENCY S GRANT PROGRAM REQUIREMENTS FOR PROCUREMENT CONTRACTS
FEDERAL EMERGENCY MANAGEMENT AGENCY S GRANT PROGRAM REQUIREMENTS FOR PROCUREMENT CONTRACTS I. DEFINITIONS A. Agreement means the agreement between City and Contractor to which this document (Federal Emergency
More informationGENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS FOR STATEWIDE CONTRACTS FOR SERVICES
Department of General Services GSPUR-11D Rev. 1/17/03 GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS FOR STATEWIDE CONTRACTS FOR SERVICES 1. SUBMISSIONS OF BIDS: a. Bids are requested for the item(s) described
More informationOVERVIEW: Avoiding Government Contracting Compliance Pitfalls, Bid Protests and Claims
OVERVIEW: Avoiding Government Contracting Compliance Pitfalls, Bid Protests and Claims Bill Walsh, Venable LLP 8010 Towers Crescent Drive, Suite 300 Tysons Corner, VA 22182 703-760-1685 WLWalsh@Venable.com
More informationThe term Government in clauses and/or provisions shall mean Concho Valley Council of Governments (CVCOG) unless otherwise specified.
The term Government in clauses and/or provisions shall mean Concho Valley Council of Governments (CVCOG) unless otherwise specified. 1. Prohibition on Contracting with Inverted Domestic Corporations-Representation.
More informationSOLICITATION INSTRUCTIONS Bidder will comply with these instructions when responding to this solicitation.
Page : 1 of 4 SOLICITATION INSTRUCTIONS Bidder will comply with these instructions when responding to this solicitation. 1. Responses to this solicitation received after the specified "Bid Close Date"
More informationCurrent Issues in Contractor Incurred Cost Submissions and Government Audits
Current Issues in Contractor Incurred Cost Submissions and Government Audits Breakout Session #: C03 Presented by: Stephen H. Bishop, Accounting Director at CGS Administrators, LLC Steven Masiello, McKenna
More informationBest Practices in Drafting U.S. Government Subcontract Terms and Conditions. June 10, Vanessa L. Miller Erin L. Toomey
Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative of clients 321 N. Clark Street, Suite 2800,Chicago, IL 60654 312.832.4500 Best
More informationSection 7000 Procurement
Section 7000 Procurement Table of Contents 7100 Conflicts of Interest 7110 Conduct of Employees 7200 Procurement Methods 7210 Small Purchase 7220 Competitive Sealed Bids 7230 Competitive Negotiation 7240
More informationIn every contract over $10,000, the provisions in A. and B. below apply: A. During the performance of this contract, the vendor agrees as follows:
The following Terms and Conditions are MANDATORY and shall be incorporated verbatim in any contract award: 1. APPLICABLE LAWS AND COURTS: This solicitation and any contract resulting from this solicitation
More informationDCAA Update and Limitation on Subcontracting
DCAA Update and Limitation on Subcontracting Bristol Bay Native Corporation 2016 Annual Compliance Conference Stephen D. Knight Smith Pachter McWhorter PLC Scope of Government Audit Rights FAR 52.215-2,
More informationMANDATORY GENERAL TERMS AND CONDITIONS:
MANDATORY GENERAL TERMS AND CONDITIONS: A. PURCHASING MANUAL: This solicitation is subject to the provisions of the College s Purchasing Manual for Institutions of Higher Education and their Vendors and
More informationPurchase Order Terms and Conditions Commercial Contracts
1. ACCEPTANCE: Purchase Order Terms and Conditions This purchase order represents Company's offer to purchase the goods or services ordered strictly in accordance with its stated terms and conditions.
More informationChanges, Terminations, and Claims
Changes, Terminations, and Claims J. Clark Pendergrass Lanier Ford Shaver & Payne P.C. 2101 West Clinton Ave., Suite 102 Huntsville, AL 35805 256-535-1100 jcp@lanierford.com www.lanierford.com Copyright
More informationACA UNIFORM TERMS AND CONDITIONS
ACA UNIFORM TERMS AND CONDITIONS 1. Definition of Terms As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows: 1.1. ACA means the Arizona Commerce Authority.
More informationGOVERNMENT CLAUSES SUPPLEMENT GCS-001 (Rev. NC)
(A) The FAR and DFARS clauses cited in paragraph D below, where applicable by their terms, are incorporated herein by reference, as if set out in full text. The effective version of each FAR or DFARS clause
More informationGetting Paid Under Government Contracts
Getting Paid Under Government Contracts Virtual Class April 6, 2017 Ralph Nash Professor Emeritus of Law The George Washington University Sandy Hoe Justin Ganderson Covington & Burling Agenda Requesting
More information2. Bidder shall notify Buyer if a former employee of Buyer is representing Bidder in connection with its proposal or any resulting order.
Page: 1 of 5 General Instructions to Bidder 1. Bidder will carefully review all documents cited in Buyer's solicitation to ensure the following: a. All information required to properly respond to this
More informationCOMMON CLAIMS UNDER CONSTRUCTION CONTRACTS
888 17 th Street, NW, 11 th Floor Washington, DC 20006 Tel: (202) 857-1000 Fax: (202) 857-0200 COMMON CLAIMS UNDER CONSTRUCTION CONTRACTS You may download these slides at www.pilieromazza.com/presentations
More informationPresenters. Hobie Frady Beason & Nally. Brad English Maynard Cooper & Gale
Presenters Brad English Maynard Cooper & Gale benglish@maynardcooper.com 256.512.5705 Hobie Frady Beason & Nally hfrady@beasonnalley.com 256.533.1720 Preserve Your Right to Obtain an Equitable Adjustment:
More informationGENERAL PROVISIONS FOR STAND-ALONE PURCHASE ORDERS ALL PRODUCTS & SERVICES ~ Not for Use for Services of $2,500 or More ~ (January 2017)
APPLIES TO : 1. Legal Status (OCT 12) 2. Disputes (APR 12) 3. Representations (JAN 17) 4. Advertisements (OCT 12) 5. Audit (FEB 15) 6. Indemnify and Hold Harmless (MAY 15) 7. Authority to Bind (AUG 08)
More informationTYLER INDEPENDENT SCHOOL DISTRICT PURCHASE ORDER TERMS AND CONDITIONS
TYLER INDEPENDENT SCHOOL DISTRICT PURCHASE ORDER TERMS AND CONDITIONS 1. ACCEPTANCE This Purchase Order ( PO ) constitutes a binding contract between the Vendor and Tyler Independent School District (
More informationINTERNATIONAL GRAND INVESTMENT CORPORATION TERMS AND CONDITIONS
INTERNATIONAL GRAND INVESTMENT CORPORATION TERMS AND CONDITIONS Except as otherwise provided on the face of this Purchase Order or Supply Contract (the Order ) which is attached hereto, the parties agree
More informationClaims and Affirmative Recovery: Keeping the Customer Happy While Watching the Bottom Line
Claims and Affirmative Recovery: Keeping the Customer Happy While Watching the Bottom Line Steve McBrady Skye Mathieson Monica Sterling Sharmi Das Michelle Coleman 165 Overview Affirmative Contractor Claims
More informationNAF Contracting, Uniform Contract Format (UCF) Section I Clauses
NAF Contracting, Uniform Contract Format (UCF) Section I Clauses BI.001 DEFINITIONS (NOV 2004) [For use in solicitations and contracts that exceed the simplified acquisition threshold. The contracting
More informationSupplement 1 Federal Acquisition Regulation (FAR) Government Contract Provisions
General Terms and Conditions of Purchase Supplement 1 Federal Acquisition Regulation (FAR) Government Contract Provisions 1. When the products or services furnished are for use in connection with a U.S.
More informationChapter 12. Auditing Contract Termination Delay Disruption and Other Price Adjustment Proposals or Claims
Chapter 12 Auditing Contract Termination Delay Disruption and Other Price Adjustment Proposals or Claims Table of Contents 12-000 Auditing Contract Termination, Delay/Disruption, and Other Price Adjustment
More informationSUBPART LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION
SUBPART 222.4--LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION 222.402 Applicability. 222.402-70 Installation support contracts. (a) Apply both the Service Contract Act (SCA) and the Davis-Bacon Act
More informationATTACHMENT I - TELEDYNE BROWN
Sheet 1 of 5 ATTACHMENT I - TELEDYNE BROWN ENGINEERING, INC. TERMS AND CONDITIONS - COMMERCIAL PROCUREMENTS FEBRUARY 2011 GENERAL Acknowledgment, shipment, or performance of any part of this purchase order
More informationSHORT FORM STANDARD SUBCONTRACT. This Agreement is made this day of, 20, between
SHORT FORM STANDARD SUBCONTRACT This Agreement is made this day of, 20, between (Contractor) and (Subcontractor). The work described in Section I below shall be performed in accordance with the prime contract
More informationArticle 6 Modification and Termination of Contracts for Supplies and Services
Article 6 Modification and Termination of Contracts for Supplies and Services 16601. Contract Clauses and their Administration 16601. Contract Clauses and their Administration. (a) Introduction. The following
More informationTHE FOLLOWING PROVISIONS ARE APPLICABLE TO ALL U.S. GOVERNMENT SUBCONTRACTS
THE FOLLOWING PROVISIONS ARE APPLICABLE TO ALL U.S. GOVERNMENT SUBCONTRACTS 01. If deliveries of Goods including data under this Agreement are to be made directly to the U.S. Government, Seller agrees
More informationREQUEST FOR PROPOSAL. UPS Maintenance
REQUEST FOR PROPOSAL UPS Maintenance DATE: February 7, 2008 QUESTIONS DUE BY: February 19, 2008 DUE DATE and BID OPENING: February 26, 2008 TIME OF BID OPENING: 2:00 P.M. EST LOCATION OF BID OPENING: 103
More informationCONTRACT TERMS AND CONDITIONS: PURCHASE OF MATERIALS (NOT TO EXCEED $300,000 VALUE)
CONTRACT TERMS AND CONDITIONS: PURCHASE OF MATERIALS (NOT TO EXCEED $300,000 VALUE) 1. DELIVERABLES Contractor agrees to provide the goods, equipment, or items ( Materials ) detailed in the work scope
More information05. Limiting Liability in Government Contracts
05. Limiting Liability in Government Contracts 4 Limiting Liability in Government Contracts March 12, 2014 Erin L. Toomey etoomey@foley.com Attorney Advertising Prior results do not guarantee a similar
More informationThe Toler Firm LLC A Construction Law Firm Timothy N. Toler September 23, 2015
The Toler Firm LLC A Construction Law Firm Timothy N. Toler September 23, 2015 Negotiating 8 Key Contract Clauses from the Contractor s Perspective (Part 1 of 2) 1 This is the first of a two-part overview
More informationIMPORTANT FACTS ABOUT PUBLIC PROJECTS UNDER IOWA LAW
IMPORTANT FACTS ABOUT PUBLIC PROJECTS UNDER IOWA LAW Can payments be withheld for warranty items? Industry professionals need to help owners understand the difference between warranty items and punch list
More informationIFB F B-WING RENOVATIONS IFB F C OFFICES BUILD OUT. Addendum 3
JUNE 23, 2016 ATTENTION ALL PROPONENTS: IFB F2015017 B-WING RENOVATIONS IFB F2015007 9C OFFICES BUILD OUT Addendum 3 The purpose of this Amendment is to advise all offertories of the following: 1. In Project
More information(APR 1984) Gratuities (MAY 2014) Covenant Against Contingent Fees (SEP 2006) Restrictions On Subcontractor Sales To The
N00019-18-C-1007 Clause Number Date Title 52.246-15 (APR 1984) Certificate of Conformance 5252.223-9502 (APR 2009) HAZARDOUS MATERIAL (NAVAIR) 5252.247-9507 (OCT 2005) PACKAGING AND MARKING OF REPORTS
More informationCONTRACT CLOSEOUT. It s Not Over Til Somebody Sings. PCI 1725 I Street NW, Suite 100 Washington, DC (202)
CONTRACT CLOSEOUT It s Not Over Til Somebody Sings 1 PCI 1725 I Street NW, Suite 100 Washington, DC 20006 (202) 775-7240 Guest Speaker: Barbara A. Duncombe Partner at Taft Stettinius & Hollister LLP 2
More information4. CARGO PREFERENCE REQUIREMENTS 46 U.S.C CFR
FEDERAL CLAUSES 4. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. 1241 46 CFR Part 381 Applicability to Contracts: The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities
More informationCLAIMS, CHANGES, & TERMINATIONS. Chris Haile Tully McLaughlin Sharmistha Das
CLAIMS, CHANGES, & TERMINATIONS Chris Haile Tully McLaughlin Sharmistha Das 205 Agenda: Contract Changes Claims Administration and Procedure Terminations 206 Contract Changes Administration of Changes
More informationTINA Sweeps and Defective Pricing (Part 1 of 2) Written by Nick Sanders
Many government contract compliance practitioners are aware of the Truth-in-Negotiations Act (or Truthful Cost or Pricing Data) or whatever the kids are calling it these days (I m calling it TINA). Whatever
More informationVendor Contract TERMS AND CONDITIONS OF PURCHASE. 2. Payment Terms. Payment to Seller is subject to compliance with the following requirements:
Vendor Contract TERMS AND CONDITIONS OF PURCHASE 1. Acceptance. This Contract is conditional upon, and can be accepted only upon, the terms and conditions specified in this Contract. If Seller has previously
More informationGeneral Federal Acquisition Regulation (FAR) Clauses and Negotiation Tactics-NCURA Region II, May 2011
General Federal Acquisition Regulation (FAR) Clauses and Negotiation Tactics-NCURA Region II, May 2011 Stacey Bucha Senior Negotiator Office of Sponsored Programs The Pennsylvania State University sxg9@psu.edu
More informationARMED SERVICES BOARD OF CONTRACT APPEALS
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) Grimco Pneumatic Corp. T/A ) David Grimaldi Co. ) ASBCA No. 50977 ) Under Contract No. SPO490-94-C-6081 ) APPEARANCE FOR THE APPELLANT: APPEARANCE
More informationU.S. DEPARTMENT OF HOMELAND SECURITY'S URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM REQUIREMENTS FOR PROCUREMENT CONTRACTS
U.S. DEPARTMENT OF HOMELAND SECURITY'S URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM REQUIREMENTS FOR PROCUREMENT CONTRACTS I. DEFINITIONS A. Agreement means the agreement between City and Contractor to
More informationSUBCONTRACTOR EXPECTATIONS IN FEDERAL CONTRACTING
SUBCONTRACTOR EXPECTATIONS IN FEDERAL CONTRACTING Reducing Risk & Meeting Requirements as Government Subcontractor AGENDA ointroduction othe Process oproposal Phase onegotiations ocompliance and Accountability
More information3. DELIVERY: Deliveries shall be made both in quantities and at the times stated in the VERMILLION
GENERAL TERMS AND CONDITIONS FOR PURCHASE ORDERS AND SUBCONTRACTS GENERAL REQUIREMENTS 1. DEFINITIONS: VERMILLION means Vermillion, Incorporated, a business with its main headquarters in Wichita, Kansas.
More informationSAMPLE SPECIFICATION SECTION SALES AND USE TAX SAVINGS
SAMPLE SPECIFICATION SECTION SALES AND USE TAX SAVINGS GENERAL DESCRIPTION A. PURPOSE: The Owner,, is a Tax Exempt Instrumentality of the State of Alabama. As such, it is authorized to and desires to enter
More informationINSTRUCTIONS TO BIDDERS
INSTRUCTIONS TO BIDDERS 1. Bid Documents 1.1. Complete sets of Bid Documents shall be used in preparing Bids. Neither the Owner nor the Engineer assumes any responsibility for errors or misinterpretations
More informationDocument A101 TM. Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum
Document A101 TM 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year (In words, indicate day, month and
More information(12/14) (10/10)
Prime Contract number: N68936-18-F-0089 Date: 01/10/2019 252.201-7000 (12/91) Contracting Officer's Representative 252.203-7000 (09/11) Requirements Relating to Compensation of Former DoD Officials 252.203-7001
More informationConstruction Law Survival Manual. Credit Management Contract Terms.
1 Credit Management Contract Terms Presented by James D. Fullerton www.fullertonlaw.com JFullerton@FullertonLaw.com James D. Fullerton Fullerton & Knowles, P.C. 12642 Chapel Rd. Clifton, VA 20124 (703)
More informationRequests for Equitable Adjustment & CDA Claims: A Primer
Solving Post-Award Problems Through Change Orders, REAs, and Claims Presented By: MARIA L. PANICHELLI OF COHEN SEGLIAS PALLAS GREENHALL &FURMAN, P.C. Requests for Equitable Adjustment & CDA Claims: A Primer
More informationTERRITORY ENTIRE STATE NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT PREVAILING WAGE RATE DETERMINATION
TERRITORY ENTIRE STATE NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT PREVAILING WAGE RATE DETERMINATION E RICIAN- UTILITY WORK (SOUTH) Rates Expiration Date: 11/30/2010 Effective Date: 11/15/2010
More informationAvoiding Common Payment Pitfalls for Subcontractors: A Primer on Federal Contracting Payment Remedies
Avoiding Common Payment Pitfalls for Subcontractors: A Primer on Federal Contracting Payment Remedies Shoshana E. Rothman BrigliaMcLaughlin, PLLC April 2017 Seminar Goals: 1. Understand key contract clauses
More informationFIXTURING/INSTALLATION AGREEMENT
Dept Index Contract No. Requisition No. FIXTURING/INSTALLATION AGREEMENT This FIXTURING/INSTALLATION AGREEMENT by and between THE UNIVERSITY OF NORTH FLORIDA BOARD OF TRUSTEES, a public body corporate
More informationIn the United States today, we are facing increasingly turbulent times economically, politically,
42 Contract Management September 2012 Contract Management September 2012 43 In the United States today, we are facing increasingly turbulent times economically, politically, and socially. Economically,
More informationADDITIONAL TERMS AND CONDITIONS FOR CONTRACT N C-6293
FAR s 52.202-1, Definitions, Jul 2004 52.203-3, Gratuities, Apr 1984 52.203-5, Covenant Against Contingent Fees, Apr 1984 52.204-4, Printed Doubled Sided Recycled Paper, Aug 2000 52.204-7, Central Contractor
More informationGrowing Pains: The Art of Subcontract Management for Small Business
Growing Pains: The Art of Subcontract Management for Small Business Breakout Session # B02 Jeffery A. White, C.P.M, President/CEO J.A. White & Associates, Inc. Date: March 17, 2016 Time: 2:00pm 3:15pm
More informationGovernment Contracts Recovery
Government Contracts Recovery Frequently Asked Questions About Requests for Equitable Adjustment and CDA Claims June 14, 2017 Stephen McBrady Skye Mathieson Laura Baker Charles Baek Agenda Introduction
More informationSUU Contract for Workshops and Entertainment
SUU Contract for Workshops and Entertainment 1. PARTIES: This contract is between Southern Utah University, an institution of higher education of the State of Utah located at 351 West University Boulevard,
More information7 Bonds, Insurance and Taxes
Purchasing Manual 7 Bonds, Insurance and Taxes 7 Bonds, Insurance and Taxes........................................... 251 7.1 Bonds..........................................................................
More information7 Bonds, Insurance, and Taxes
Bonds, Insurance, and Taxes 7.1.1.b 7 Bonds, Insurance, and Taxes 7.1 Bonds 7.1.1 General 7.1.1.a 7.1.1.b Guidelines. Bonds (other than bonds required for construction contracts) (see 7.1.2.a) and performance
More informationARMED SERVICES BOARD OF CONTRACT APPEALS
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of -- Amaratek Under Contract No. W9124R-l 1-P-1054 APPEARANCE FOR THE APPELLANT: ASBCA Nos. 59149, 59395 Mr. David P. Dumas President APPEARANCES FOR THE
More informationARMED SERVICES BOARD OF CONTRACT APPEALS
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) Precision Standard, Inc. ) ASBCA No. 54027 ) Under Contract No. F41608-95-C-1176 ) APPEARANCE FOR THE APPELLANT: Nancy M. Camardo, Esq. Law Office
More informationAPPENDIX D PAGE 1 of 9. A. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325; 18 CFR (i); 49 CFR
PAGE 1 of 9 Federal Transit Administration (FTA) Required Clauses for Operations Contracts under the 2011 Section 5310 Purchase of Service Contract for the Southeast NH RCC through COAST A. ACCESS TO RECORDS
More informationHousing Authority of the City of Pittsburgh Procurement and Disposition Policy
Housing Authority of the City of Pittsburgh Procurement and Disposition Policy Table of Contents 1 General Provisions...5 1.1 Purpose:...5 1.2 Application:...5 1.3 Definition...5 1.4 Terms...6 1.5 Exclusions...6
More informationCOUNTY OF COLE JEFFERSON CITY, MISSOURI
COUNTY OF COLE JEFFERSON CITY, MISSOURI REQUEST FOR BID 2018-33: PROPANE PROVISION & SERVICES SUBMISSIONS SHALL BE ACCEPTED UNTIL THURSDAY, AUGUST 23 at 3:30 p.m. Central AND RECEIVED AT: COLE COUNTY COMMISSION
More informationARMED SERVICES BOARD OF CONTRACT APPEALS
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) Melwood Horticultural Training Center, Inc.) ) Under Contract No. W911S0-11-F-0040 ) APPEARANCES FOR THE APPELLANT: APPEARANCES FOR THE GOVERNMENT:
More informationARMED SERVICES BOARD OF CONTRACT APPEALS. Appeal of -- ) ) C. Martin Company, Inc. ) ASBCA No ) Under Contract No. N D-0501 )
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) C. Martin Company, Inc. ) ASBCA No. 54182 ) Under Contract No. N68711-00-D-0501 ) APPEARANCE FOR THE APPELLANT: APPEARANCES FOR THE GOVERNMENT:
More informationWarranties, Surety Bonds and Correction Periods: How To Get Defects Repaired
Warranties, Surety Bonds and Correction Periods: How To Get Defects Repaired Susan McGreevy Stinson Leonard Street July 11, 2015 Missouri Municipal League WHAT DO YOU DO WHEN THE WORK FAILS? The first
More informationFAR Overview: Parts JACK FRIERY, ESQ., NCMA FELLOW, CCCM, CFCM. November 2013 JACK FRIERY, ESQ. 1
FAR Overview: Parts 31-53 JACK FRIERY, ESQ., NCMA FELLOW, CCCM, CFCM November 2013 JACK FRIERY, ESQ. 1 Part 31 - Contract Cost Principles & Procedures Applicability of Part 31 (31.1) Contracts with commercial
More informationSuccessfully Crafting and Prosecuting Contract Disputes Act Claims Against the Government
Successfully Crafting and Prosecuting Contract Disputes Act Claims Against the Government Webinar July 28, 2015 Sandy Hoe shoe@cov.com 202-662-5394 Justin Ganderson jganderson@cov.com 202-662-5422 Agenda
More information(a) Master Agreement issued by Company and executed between the parties. (b) The terms of the Supplier Agreement issued by Company
This Purchase Order is between Anthem, Inc., on behalf of itself and its affiliates (individually and collectively, "Anthem"), and Supplier. The parties agree as follows: 1. Deliverables and Price. All
More informationHOUSTON BALLET FOUNDATION. Flood Mitigation Engineering Services. Request for Proposals ( RFP )
HOUSTON BALLET FOUNDATION Flood Mitigation Engineering Services Request for Proposals ( RFP ) ISSUE DATE: DUE DATE: INSTRUCTIONS: May 22, 2018 5:00 p.m. on June 8, 2018 ( Submission Deadline ) Proposers
More informationPGCPS. 94eoteeveitoede REVISED NOTICE OF CONTRACT AWARD. February 18, 2015
PGCPS 94eoteeveitoede Brenda Allen, Director Office of Purchasing and Supply Services Facilities Administration Building (FAB) 13300 Old Marlboro Pike, Room 20 Upper Marlboro, MD 20772 Phone: 301-952-6560
More informationTJC Purchase Order Terms and Conditions
TJC Purchase Order Terms and Conditions 1. DELIVERY; SUBSTITUTIONS; INVOICES: Goods shall be delivered and services performed during normal business hours. Goods shall be delivered to the College s address
More informationAttachment A GENERAL TERMS AND CONDITIONS
Attachment A GENERAL TERMS AND CONDITIONS DEFINITIONS -- As used throughout this contract, the following terms shall have the meaning set forth below: A. "Commission" shall mean the Washington State Parks
More informationFRIENDSHIP PUBLIC CHARTER SCHOOL REQUEST FOR PROPOSALS FOR RFP COMPENSATION DESIGN CONSULTANT SERVICES
FRIENDSHIP PUBLIC CHARTER SCHOOL REQUEST FOR PROPOSALS FOR RFP COMPENSATION DESIGN CONSULTANT SERVICES Friendship is soliciting proposals and qualification statements from parties having specific interests
More informationARMED SERVICES BOARD OF CONTRACT APPEALS
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of-- The Boeing Company Under Contract No. F34601-97-C-0211 APPEARANCES FOR THE APPELLANT: ) ) ) ) ) ASBCA No. 57409 Richard J. Vacura, Esq. K. Alyse Latour,
More informationTITLE 70: DEPARTMENT OF FINANCE SUBCHAPTER COST AND PRICE ANALYSIS REGULATIONS
SUBCHAPTER 70-30.1 COST AND PRICE ANALYSIS REGULATIONS Part 001 General Provisions 70-30.1-001 Overview and Summary 70-30.1-005 Scope 70-30.1-010 Definitions Part 100 Policy; Cost or Pricing Data 70-30.1-101
More informationRFP Representations and Certifications Noncommercial Items for Government Programs (FAR/DFARS)
RFP Representations and Certifications Noncommercial Items for Government Programs (FAR/DFARS) 1. FAR 52.215-6 PLACE OF PERFORMANCE a. The Offeror or Respondent, in the performance of any contract resulting
More informationAN ANALYSIS OF ARIZONA PROMPT PAYMENT STATUTES
AN ANALYSIS OF ARIZONA PROMPT PAYMENT STATUTES GUY W. BLUFF, ESQ. I. ARIZONA S PROMPT PAYMENT STATUTES 3 A. The General Rule 4 B. Objections Must be In Writing and Specific 6 II. SUMMARY OF STATUTORY AND
More information