Training and Development Services Available from CRAI
CRAI offers a number of services to the Government contract community on key Federal Government contract issues through their use of in-house individually customized training programs, and publicly held intensive training institutes. Those services also include compliance plan development and related training, as well as consulting on a wide range of other key issues that must be addressed when doing business with the Federal Government. We summarize those materials below. Please check back frequently as we will be adding new offerings.
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The Institute develops and installs compliance programs for Federal Government contractors. This includes the development of all necessary policies and procedures, and ethics codes that are tailored to a particular company’s needs, the industry in which they operate, and the company’s individual history. In addition, the Institute provides the necessary training, courses, and videos needed to put such programs into effect. We believe our approach and our cost for doing this work are first rate and efficient.
The Institute gives specifically tailored in house courses on a large number of topics both in the Washington D.C. area, and on-site at contractor’s facilities within the Continental United States. Please see the listing of topics below on which courses have been developed and given in the past. Those cover both contractor personnel and government personnel approaches.
We do not believe in giving generalized education courses in this area – those services are already provided by fine organizations such as Federal Publications Inc. See their website at fedpubseminars.com. We provide courses that are highly specialized and tailored to companies’ individual, specific, real world problems. Toward that end, before the course is given we conduct extensive interviews with knowledgeable company personnel. We then incorporate the results of those interviews into the courses delivered.
In addition, we have available written course materials for all of the courses that are in the listing below. Therefore, with approximately thirty days notice, we can deliver a tailored course with extensive written materials and a senior lecturer extremely knowledgeable in the particular area for which the presentation is being made.
In terms of course length, our general recommendation is that in-house courses be one-day. The reason for this is the time needed for attendee preparation, and attention span issues. We can deliver the course materials a week or more ahead of time so that individual attendees have an opportunity to review the written materials before the lecture and the class discussions. If it is desirable to do several courses on a variety of topics, we will provide reduced package pricing for that, but we recommend that such courses be given at least thirty days apart, again to allow attendees to concentrate and absorb the intense written materials, and lectures being presented.
Utilizing the Truth in Negotiations Act Properly: Avoidance of Defective Pricing Claims by the Government
This course concentrates on avoiding the pitfalls many contractors experience in TINA noncompliance. Emphasis is placed upon the disclosure aspects of TINA, as opposed to the common approach of updating data that was “used”. New compliance techniques being put in place by contractors are explored.
Government Contractor Compliance Systems: Procedural Developments 2007
There are numerous approaches to installing compliance programs to insure that the elements of the Thompson memorandum are appropriately dealt with. These techniques and approaches are explored. In addition, concrete suggestions for actions are made with examples.
Government Contractor Compliance Systems: Substantial Area Developments 2007
There are approximately twenty areas of recurring noncompliance in Federal Government contracts. These are explored, as well as techniques and approaches available to contractors to avoid non-compliance allegations.
Government Contract Claims Process from the Contractor’s Perspective
Federal Government contractors are exclusively bound to utilize the Contract Disputes Act in obtaining recoveries of increased costs or in the resolution of other contested matters under Federal Government contracts. This is an intense examination of how to utilize the CDA to protect contractors’ interests and to recover increased costs.
Due Diligence Preparation for Acquisition of Federal Government Contractors
Before acquisitions or other alliances take place it is common for contractors to do a due diligence of the target to insure there are no surprises. This course prepares team members to do that due diligence at the prospective target’s facility.
Avoiding Problems with Teaming Agreements and Insuring Fair Work Share Receipt
Since decisions, such as that in the Schaefer case, have raised questions concerning the validity of some teaming agreements, there is an increased need and emphasis for having competent and enforceable teaming agreements, particularly with respect to price, delivery commitments, and work share. This course examines the details of accomplishing that.
Subcontract Series:
Awarding Federal Government Subcontracts: Avoiding Disputes and Protests; Assuring FAR Compliance as Required
Awarding contracts to subcontractors under Federal Government prime contracts is a specialized task. The prime needs to obtain its business objective. But at the same time, it needs to protect itself from allegations by the Federal Government that it did not place subcontracts appropriately under various federal requirements. This course examines those issues.
Disputes Avoidance in Federal Government Subcontract Administration: Maximizing Cash Flow and Profit Recovery
Dealing with subcontractors, who are performing a portion of the work for a federal prime contractor, is difficult and different in some respects than dealing with commercial subcontractors. This course explores the way to gain full performance from subcontractors while at the same time insuring no difficulties with the Federal Government customer.
The Management Challenge of Administering Cost Type Contracts Today: Avoiding the Pitfalls
There are many cost type contract vehicles from pure cost type to time and material and level of effort work, which are partially cost type. The extraordinary differences and alterations in performance obligations caused by cost type vehicles must be understood by Federal Government contractors receiving them. This course is a comprehensive exploration of those issues with real world examples and suggestions.
Administering Change Orders so Your Company Maximizes Profits
Many companies view change orders as a nuisance. Good companies view them as an opportunity to satisfy their customer and increase their profits. This course thoroughly examines those issues and poses techniques to be utilized.
Delay of Work on Government Contracts: Cost/Time Recovery for Fixed Priced Contracts: Practical Techniques
Delays in work are consistently occurring under Federal Government contracts. Primes and subcontractors need to understand how to appropriately recover for them. This course explores the necessary techniques to do so.
Using the Commercial Article Exemption to Avoid Unnecessary Government Contract Requirements
Commercial article exemptions allow contractors to avoid TINA requirements, data right surrenders, most audit clauses, and the like. Contractors must understand the advantages and the detriments of commercial articles in today’s federal procurement environment.
Preparing Government Contract Proposals So Winning Proposals Survive Bid Protests
This course examines techniques for preparing proposals that win, but also proposals that will withstand the likely protests by disgruntled competitors thereafter. Comprehensive techniques and approaches are demonstrated.
Government Contract Bankruptcy Strategies for Primes, Subcontractors, and Government Agencies
A bankruptcy by a prime or a subcontractor can pose extraordinary difficulties for the parties performing the contract, as well as the Government agency involved. There are approaches to minimize these difficulties and to reposition risk where it appropriately belongs. This course examines the techniques to do so.
Terminations Series:
Maximizing Cost and Profit Recovery after a Convenience Termination
Federal convenience terminations are unique: there are regulations and extensive case law decisions explaining what a contractor can and cannot recover. Much of these materials are obscure. Contractors, who receive a termination for convenience, must understand them to maximize their recoveries.
Reversing Default Terminations and Maximizing Cost Recoveries Thereunder
Default terminations are often inappropriately issued; if reversed they become terminations for convenience allowing full cost recovery by the contractor. Even if not reversed, contractors are entitled to significant recoveries under default terminations for work already performed and the like.
Using Congress and Washington Agency Offices to Solve Specific Procurement Policies
There are numerous laws and regulations defining what a Federal Government contractor can and cannot do to resolve procurement problems through congressional and Washington Office practice. Contractors should understand what can be done, what the limitations are, and the regulations which define activity.
Advanced Issues in Business to Business (B2B) Procurements for Primes and Subcontractors
B2B procurements are a developing area. Too much attention is placed upon the mechanical aspects without thinking through dispute avoidance, and the enforceability of agreements. This course explores those issues and uses concrete examples from past B2B procurements.
Advanced Time Charging/Problem Avoidance and Time Charging Administration Seminar
Time charging problems have moved beyond the “white out” stage. Numerous compliance problems still exist. Many Federal Government contract personnel on both sides of the table believe that time keeping problems are the most prevalent potential noncompliance area in Government contract administration. Techniques to minimize and reduce these problems are explored in this course.
Utilization of Alternative Disputes Techniques to Resolve Federal Government Contract Disputes
The Federal Government is unique in utilizing the CDA to resolve virtually all disputes and other administrative difficulties under its federal contracts. Much of this disputes resolution takes place outside ligatin arena. Contractors needs to understand how to utilize these techniques to promptly resolves disputes before the y are out o control and proactively utilize the disputes act’s provisions.
Dealing with Current Acceptance and Inspection Problems and Disputes under Federal Government Contracts
The Federal Government acceptance and inspection clauses provide numerous remedies to the Federal Government. Those clauses and case decisions interpreting them also provide limitations on the Government’s rights. Federal Government contractors and subcontractors need to understand these rights and limitations.
Understanding Intellectual Property Opportunities and Pitfalls in Federal Government Prime and Subcontracts
Intellectual property issues abound in Federal Government contracts, and many of the solutions to those problems are counter intuitive. This is because federal clauses and regulations change the rules that would be expected with respect to intellectual property. There are techniques available to protect contractor’s rights and detailed ways to implement them. They are explored in this course.
Maximizing Payments, Interest, Proposal Preparation Costs, and Cash Flow in Federal Government Contracts
Cash flow issues including interest, proposal preparation costs, and periodic payments under Federal Government contracts are of critical importance to all contractors. Approaches are available to insure these recoveries take place in the ordinary course and promptly. If difficulties arise, there are techniques for eliminating them.
Government Contractors’ Compliance Programs: The Government’s Perspective.
The Government has a large stake in the compliance program process. Government officials need to understand what contractors are required to do in this area. If they understand these requirements, they will be in a better position when fraud type allegations arise to know whether a contractor has a quality program in place that would entitle the contractor to benefit from voluntary disclosure and other diversionary programs that call for more lenient penalties. Or, if contractors have not taken adequate steps needed to prevent and detect fraud in their compliance programs, Government personnel will know that such contractors should held to more stringent remedies.
This material can be covered in one day when we focus upon Government awareness as to the foregoing issues.
Cost and Pricing Data Claims: The Government’s Perspective.
Most of the public courses on this subject are two days, and focus on the contractor’s side of this issue, such as how the contractor can avoid being presented with Government claims for price reductions.
The Government also has a stake in this claims process. Its approach, however, to these issues needs to be different: What should contractors be doing to prevent these claims initially? What mistakes is the Government continually making in presenting defective pricing claims against contractors? How can the Government improve its recovery rate?
These materials can be covered in one day, and can significantly increase the Government’s recovery in defective pricing situations.
Government Defenses to Contractors’ Claims: The Procedural Issues.
This course focuses on procedural errors that contractors make in processing claims that the Government should take advantage of.
The course reviews the procedural aspects of contractors’ claims presentations, including topics such as accounting issues and delay submittals. Claims are often filed or presented in ways that are inconsistent with requirements set forth in case law decisions, and should be significantly downgraded in terms of payment as a result.
Government Defenses to Contractors’ Claims: The Substantive Issues.
This one day course covers the principal legal and factual bases upon which contractors present their claims, and the Government’s defenses to them.
This presentation covers a thorough review of the following types of claims: constructive change claims, defective specification claims, impossibility of performance claims, Government furnished property claims, and other types of claims that fall into recurrent patterns that the Government must continually deal with and defend against.
While these materials can be challenging to cover in one day, this can be done if we focus on the principal types of claims that contractors present and the Government’s defenses to them.
Inspection/Quality Disputes: Government Rights.
We emphasize detailed Government cost recovery rights for deficient contractor performance, as well as related topics. This is an important subject for Government personnel to understand their comprehensive rights.
The Relation Between Default and Convenience Termination; Proof of Claims and Cost Recoveries.
After Inspection, these are the two principal clauses the Government has available to manage deficient performance and to recover from procurement errors. The interaction here is significant. This course comprehensively covers the Government’s rights.
Recognizing and Preventing Contractual Changes to Federal Contracts.
This is an area where we believe agencies can exercise leadership in preventing the Government from paying needless money after the fact for constructive changes. Government personnel, if properly prepared, can prevent many of these claims.
Proof and Defense of Equitable Adjustment Amounts in Price Increases or Decreases Under Federal Contracts.
The Government needs to know the detailed rules so it can defeat contractor stretching and over-statements in all extra work and pricing activities that take place under Federal contracts. There are substantial, specialized rules from case law decisions in this area. Government personnel should know them.
Delay and Acceleration Claims Under Federal Contracts.
This is an area in which contractors are constantly presenting claims. Often they are presented in a sloppy, overstated fashion. Government personnel need to know where such contractor claims are vulnerable.
