10 myths of government contracting kate Whitby 1 North Brentwood, Suite 1000


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10 MYTHS OF GOVERNMENT CONTRACTING

  • Kate Whitby

  • 1 North Brentwood, Suite 1000

  • St. Louis, MO 63130

  • kwhitby@spencerfane.com


GOALS

  • Identify “Good” Contracts / Work

  • Steer Away From “Bad” Contracts / Work

  • Survive Audits

  • Get Paid

  • Don’t Get Sued

  • Get Hired Again For Government Work



MYTH #1

  • When The Government Asks For Bids, It Really Wants To Buy Something, Can Buy It, And Will Buy It

    • Funding
    • “Commercial Items”
    • Contracting Officer
    • Task order work awards


MYTH #2



MYTH #3

  • The Government Will Be Fair And Reasonable Regarding Changes



MYTH #4

  • The Government Can’t Make Me Stay On A Contract That Is A Money Loser

    • Unilateral Change Orders
    • Contract Disputes
    • “Mistakes”
    • Termination for Government Convenience
    • “Claims”


MYTH #5



MYTH #6

  • The Financial Accounting System I Use Is Good Enough For Government Work

    • Cost Accounting Standards (CAS)
    • Cost Principles and Procedures
    • Direct vs. Indirect Costs and Indirect Cost Accounting
      • General & Administrative Costs
      • Accounting changes to indirect cost rate structures


MYTH #7

  • I Don’t Need To Know Anything About The FARs

    • Construction and Architect-Engineering Contracts (Part 36)
    • Service Contracting (Part 37)
    • Contract Admin & Audits (Part 42)
    • Contract Modifications (Part 43)
    • Subcontracting (Part 44)


MYTH #8



MYTH #9

  • Starting The Work Without A Signed Contract And Working In-Between Contract Renewals Or Extensions Is Not A Problem

    • No.
    • No.
    • No.


MYTH #10

  • I Am Not Responsible For A Sub’s Personnel or Employment Practices

    • FAR Subpart 22.4, Labor Standards for Construction Contracts
    • ADA
    • EEO
    • Davis-Bacon Act
    • Stafford Act
    • OSHA


LAWS/REGULATIONS

    • Competition In Contracting Act
    • Buy American Act
    • Federal Acquisition Streamlining Act
    • Truth In Negotiation Act
    • False Claims Act
    • Armed Services Procurement Act
    • Federal Property & Administrative Services Act
    • Contract Disputes Act of 1978
    • Federal Acquisition Regulations (FARs)
    • Defense Federal Acquisition Regulation Supplement (DFARS)


ADDITIONAL RESOURCES

  • www.fedbizopps.gov

  • www.arnet.gov/far

  • www.ccr.gov

  • www.sba.gov




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