Understand the various contract vehicles and the change processes unique to each as identified by clauses under the Federal Acquisition Regulations.
Understanding and managing contract changes is key to the fair administration and equitable cost recovery for any construction project. It becomes exponentially more important in the complex arena of federal contracting, where the overlay of unique contracting mechanisms, federal acquisition regulations, and the parameters of the Contracts Disputes Act require strict adherence to regulations governing the creation, protection and preservation of change order adjustments. This topic will address the various contract vehicles, the change processes unique to each as identified by relevant clauses under the Federal Acquisition Regulations, use of specific instruments such as Engineering Change Orders (ECOs), Requests for Equitable Adjustment (REAs); Constructive Change Requests (CCRs), and the Cardinal Change doctrine, and suggested documentation strategies necessary to establish, preserve, prove, and protect the right to changes.
Learning Objectives
- You will be able to define general scope versus outside the scope.
- You will be able to describe cost/price data capture budget to actual.
- You will be able to discuss mandatory flow-down clauses and forms.
- You will be able to explain early consideration of constructive change data capture.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Change Management Process
- Overview Federal Procurement System
- Agencies
- Purpose
- Contract Forms
- Governing Regulations
FAR (Federal Acquisition Regulations) Overlay
- FAR Changes Clause
- Mandatory Flow-Down Clauses and Forms
- Contract Vehicles
- Firm Fixed Price
Types of Changes
- Unilateral
- Bilateral
- Constructive
- ECO's (Engineering Change Orders)
- REA's (Requests for Equitable Adjustment)
- Cardinal Change
Negotiation
- Certified Pricing Data
- Cost Analysis vs Price Analysis
- Similar Work Comparisons
- Proper Analysis Techniques
Implementation
- Mandatory Notice
- Internal Documentation
- Early Filing
- Protecting Right to Claim
- Contract Requirements
- Government Actions / Omissions
- Additional Work
- Increased Costs
Risk Management
- Internal Communications
- Cost/Price Data Capture Budget to Actual
- Early Consideration of Constructive Change Data Capture
- General Contract Principles:
- Authority Identification
- Incorporation of Documents
- RFP / Contract Ambiguity
- Definition of General Scope Versus Outside the Scope
- Relationship Maintenance
Recommended Strategies
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on March 11, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Denise Farris
Farris Law Firm LLC
- Founder of Farris Legal Services LLC
- Has spent over 32 years providing commercial construction legal services with a special emphasis on government contracting at the local, state and federal levels
- Served as past Chairperson Division 10, Legislation and Government Regulations for the American Bar Association's Forum on the Construction Industry, where she participated as a popular speaker and presenter at various industry seminars covering government certification programs, ADA compliance, and Indefinite Delivery / Job Order / Task Order contracting at the federal level
- Has authored various construction law publications as well as several chapters in the Forum’s Deskbook, “Federal Government Contracting”
- Has been a featured speaker at national seminars sponsored by the Department of Transportation, Department of Energy, and Small Business Administration
- Has successfully litigated cases of first impression before the U.S. Court of Federal Claims, including what constitutes a cardinal change under an IDIQ/JOC contract with the General Services Administration, government responsibility to provide accurate minimum/maximum bid estimates in IDIQ contracts, and defining characteristics of legal conflicts of interest in complex party litigation
- Has additionally served as an expert witness relevant to SBA regulations relevant to federal teaming and joint venture agreements, and has provided congressional testimony relative to the rulemaking process involved in various federal and state/local contracting programs
- Business recognitions include Best of the Bar, Best Female Attorneys MO and KS, Women Impacting Public Policy Advocate of the Year, Small Business Administration Regional Business Advocate of the Year, Enterprising Women’s Small Business of the Year, and Ingrams’ “Kansas City 50: Top Female Leaders” awards
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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