Construction | The Contracting Education Academy

December 5, 2018 By cs

What is the Christian Doctrine and why should you care?

The “Christian Doctrine” provides that a mandatory statute or regulation that expresses a significant or deeply ingrained strand of public procurement policy shall be read into a federal contract by operation of law, even if the clause is not in the contract.

The doctrine is an exception to the general rule that the government must put vendors on notice of contract requirements, whether expressly or through incorporation by reference.

It also is an exception to standard commercial contracting practices and contract interpretation principles.

The rationale for the doctrine is that procurement policies set by higher authority cannot be avoided or evaded (deliberately or negligently) by lower government officials.

Keep reading this article at: https://governmentcontractsnavigator.com/2018/11/19/what-is-the-christian-doctrine-and-why-should-you-care/

December 2, 2018 By cs

Architecture-engineer contracting course kicks-off Feb. 11th

The Contracting Education Academy at Georgia Tech presents the Architect-Engineer Contracting course on the Midtown Atlanta campus February 11-15, 2019.

The course is ideal for both government contracting personnel as well as contractors looking for insights into the government contracting process for procuring architectural and engineering services.

CON 243: Architect-Engineer Contracting is a five-day course, focusing on issues across the contracting spectrum, including acquisition planning, source selection, proposal analysis, contract award and work, and contract management. Specific topics and practical exercises allow professionals to gain knowledge of the Selection of Architects and Engineers statute (formerly known as the Brooks Act), the Standard Form 330 for submitting credentials, the slate and selection process, review of government estimates, liability issues, Title II services, contract modifications, and responsibilities of the contracting officer’s representative (COR). Students learn how to research proper application and interpretation of various regulations, including applicable Public Laws, the Federal Acquisition Regulation (FAR), the DFARS and other Agency Supplements to the FAR, and legal precedence.

This federal contracting course is approved by the Defense Acquisition University. Students who successfully complete the course receive credit toward the FAC-C and DAWIA certification programs. Students also receive 3.5 CEUs from Georgia Tech.

Who Should Attend CON 243:

Contracting officers, contract specialists, contracting officer representatives, program/project managers, small business specialists, industry contracting personnel, architects and engineers.

How You Will Benefit:

Attendees learn how to:

Determine if the services require Selection of Architects and Engineers Statute procedures and how to identify the basic steps necessary for the requirement.
Distinguish how the project is to be advertised and determine what is to be contained in the advertisement.
Determine the elements necessary for performance work statements.
Evaluate firms and determining the order in which they will be ranked once service has been advertised and qualifications statements received,
Determine applicable cost principles specific to A-E contracting in order to prepare a Government estimate or review a proposal.
Recognize when and how a Government cost estimate for the project is developed.
Develop a strategy and negotiating the project given an A-E firm’s proposal and the Government estimate,
Distinguish how the Government maintains quality assurance on the contract after it has been awarded.
Analyze the roles and responsibilities of those charged with the management and administration of the contract after award.

Schedule and Registration for CON 243: Architect-Engineer Contracting – click here.

Related Course:

Don’t miss our Construction Contracting course coming up on Feb. 25th! Details are here: https://pe.gatech.edu/courses/con-244-construction-contracting.

December 1, 2018 By cs

Our popular Construction Contracting course begins Feb. 25th — Make plans now to attend

The Contracting Education Academy at Georgia Tech is offering the four and a half day Defense Acquisition University course, CON 244: Construction Contracting, beginning February 25, 2019.

The course focuses on government contracting issues unique to the construction field. Topics include: acquisition planning, contract performance management, funding, environmental concerns, construction contract language, construction contracting in a commercial setting, the Construction Wage Rate Requirements statute (formerly known as the Davis-Bacon Act), the design/build strategy, schedule delay analysis, constructive changes, acceleration, construction contract quality management, and much more.

To register for this course, please visit: https://pe.gatech.edu/courses/con-244-construction-contracting.

Who Should Attend

Contracting officers, contract specialists, contracting officer representatives, program/project managers, small business specialists, and industry contracting personnel.

How You Will Benefit

Attendees learn how to:

Apply federal acquisition laws and regulations, Department of Defense and other agency supplemental regulations, agency policies and procedures, and best practices in soliciting, awarding and administering construction contracts.
Contrast typical support requirements with a federal Construction Acquisition Plan in accordance with FAR Parts 7 and 36, DFARS Parts 207 and 236, and agency supplements, policies and procedures.
Develop a construction solicitation package in accordance with the FAR, agency supplements, and agency policy/procedures.
Evaluate, using appropriate procedures, construction offerors and the contract awardee.
Determine the applicable construction contract administration (compliance) approach, using the FAR, DFARS, DoD regulation/guidelines, and other relevant agency supplements, procedures and best practices.
Formulate the remedy and appropriate clause for a changed construction condition in accordance with federal and DoD acquisition and other agency laws, regulations, and best practices.
Document appropriate actions necessary to verify and authorize construction progress payments and construction contract closeout.

Act Now

Plan to join your colleagues in attending this thorough and engaging examination of the federal construction contracting process. Complete registration details are right here.

Credit

Students successfully completing this 4.5-day course receive 32 Continuous Learning Points (CLPs) from the Defense Acquisition University (DAU) and 3.2 Continuing Education Units (CEUs) from the Georgia Institute of Technology.

Added Benefits

You’ll learn in a small group setting at Georgia Tech’s world-class Global Learning Center. You’ll receive expert instruction, a printed student guide to be used back on the job, valuable handouts, and exclusive electronic resources. A complimentary breakfast is provided each morning, along with snacks throughout each day.

Registration

For more information, cost, and the registration link, go right here: https://pe.gatech.edu/courses/con-244-construction-contracting.

November 13, 2018 By cs

PA bill would open door to competitive school construction bids, away from cooperative purchasing

Pennsylvania state representative Jesse Topper has introduced a bill that would open major construction projects to competitive bidding, reports The Inquirer of Philadelphia.

The bill, which is with the State Government Committee, was precipitated by a study from research firm Ducker Worldwide that found from 2005 to 2010, schools across the state wasted more than $100 million in taxpayer money on roofing by using cooperative purchasing rather than competitive bidding.

The proposed bill would outlaw cooperative purchases for construction projects, which the bill’s backers say will save money, especially for public schools having financial troubles. One school district received a roofing bid from a cooperative for $2.4 million, whereas an open bid for the same project totaled $1.4 million.

Still, many Pennsylvania school officials say cooperative purchasing agreements have merit, offering quality assurance, consistency and reduced maintenance, reported The Inquirer. They also say that open bids, unlike cooperatives, don’t take design costs or project monitoring into account.

Keep reading this article at: https://www.constructiondive.com/news/pennsylvania-bill-would-open-door-to-competitive-school-construction-bids/541536/

October 17, 2018 By cs

Pragmatism wins the day in GAO Buy American protest

Last month, the Government Accountability Office (GAO) issued a bid protest decision regarding the application of Buy American Act (BAA) requirements to a solicitation for construction. In this decision, GAO rejected the agency’s determination that an offeror’s bid was nonresponsive because the offeror failed to provide certain required information for the evaluation of a potential BAA exception.

A summary of the decision and our takeaways are below.

Passed in 1933 during the Great Depression, the BAA was designed to support United States labor and manufacturing by establishing certain federal government procurement requirements related to the purchase of domestic supplies and the incorporation of domestic materials into construction projects in the United States.

With respect to construction projects, FAR subpart 25.2 requires contractors to incorporate “domestic construction materials,” unless the contracting officer determines that an exception applies or the requirements are otherwise waived by the Trade Agreements Act (TAA), as implemented in FAR subpart 25.4.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/10/pragmatism-wins-day-gao-buy-american-protest/