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 The Government’s Request For Bids Is Realistic And The Government Will Negotiate Fairly - Market research
- Multiple Award Schedule contracts
- The False Claims and Trade Agreements Acts
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 - Pre-Award
- Proposal Review
- Provisional Billing Rate Review
- Past Performance
- Capacity
- Completion and After
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 At Least The Government Has The Money To Pay - Appropriations
- Funding / deobligation of funds
- Fiscal year budgets
- 80% rate for progress payments
- Standard invoicing forms
MYTH #9 Starting The Work Without A Signed Contract And Working In-Between Contract Renewals Or Extensions Is Not A Problem
MYTH #10 - 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.arnet.gov/far www.ccr.gov www.sba.gov
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