Contingency Contracting | The Contracting Education Academy

October 9, 2018 By cs

Increased security risks may constitute a cardinal change to a contract

Former Secretary of Defense Donald Rumsfeld once explained that there are the known unknowns and the unknown unknowns. Some greeted that gnomic pronouncement with bemused smiles.

**Army Expeditionary Contracting Command**

But contractors operating in a contingency environment know exactly what he was talking about.

No mere mortal can accurately predict, much less price, all of the risks involved in supporting and accompanying the military in various hot spots around the world. Planate Management Group, LLC v. United States, a case currently before the Court of Federal Claims (COFC), is a good example.

In Planate, a contractor providing support services in Afghanistan has asserted claims for the cost of arming its in-theater personnel when the security situation changed dramatically for the worse.

In light of deteriorating security conditions in Afghanistan, including a fatal insider attack, the military issued a new security directive. To comply with that directive, the contractor purchased weapons to arm its in-theater personnel. The contractor submitted a claim to recover the costs of arming its personnel. The government denied the contractor’s claim, and the contractor filed suit at the COFC, alleging (among other things) that the changed security conditions amounted to a cardinal change. The COFC denied the government’s motion to dismiss for lack of subject matter jurisdiction because the contractor had properly presented its claim for a cardinal change to the contracting officer (CO).

Claims for cardinal changes to the contract are rarely successful. Although the court considered only whether it had jurisdiction to hear Planate’s allegations and has not yet addressed the merits of Planate’s cardinal change theory, the case offers an interesting and potentially promising approach for contractors to recover when they experience major changes to the circumstances under which they are performing.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=740122

September 10, 2018 By cs

DoD’s micropurchase threshold just increased to $10,000

The Department of Defense has issued a class deviation raising the micro-purchase threshold to $10,000, effective immediately.

The increase implements Section 821 of the 2019 National Defense Authorization Act, which was signed into law last month.

The memo explains that there are a few exceptions to the standard $10,000 threshold.

Keep reading this article at: http://smallgovcon.com/statutes-and-regulations/dod-increases-micro-purchase-threshold-to-10000-effective-immediately/

To see a handy table of current purchasing thresholds, click here: Purchasing Thresholds – September 2018

August 20, 2018 By cs

Federal acquisition workers rate themselves highly on most skills

The government’s civilian acquisition workforce, long under pressure to improve hiring and modernize its skill sets, is feeling more satisfied with its own effectiveness, according to the latest biennial Acquisition Workforce Competency Survey released last week.

***Click on image above to see report.***

Considered the most comprehensive version of the survey yet (an 83 percent increase in response rates across agencies), it showed that the buyers rated themselves highest for issuing contract order changes and modifications, awarding contracts and competition. Also rated highly were inspection and acceptance and business acumen, said the results analyzed by a partnership between the White House Office of Federal Procurement Policy and the Federal Acquisition Institute.

Areas rated the lowest in proficiency included negotiating forward pricing rates agreements and contracting in contingent or combat environments.

Keep reading this article at: https://www.govexec.com/contracting/2018/08/federal-acquisition-workers-rate-themselves-highly-most-skills/150611

July 16, 2018 By cs

Plan now to attend the Contracting Officer Representative course in November

Contracting officer’s representatives, program/project managers, contracting officers, and industry contracting personnel — all should attend the Contracting Education Academy’s popular 5-day course offering entitled the Contracting Officer Representative and the Contingency Contracting Environment.

**Students attending Georgia Tech’s classes work in teams to tackle real-life contracting problems.**

Course Description

The Contracting Officer’s Representative course (COR 222), coupled with the Contingency Contracting Environment class (COR 206), provides a comprehensive review and detailed instruction on the role, responsibilities, authority, and limitations of authority of the federal government’s Contracting Officer Representative (COR). Students learn the fundamentals of contracting regulations, types, phases, and other elements of contract administration. Students are also coached on the ethical and legal factors that impact COR responsibilities in the normal course of business and in the Contingency Contracting Environment.

Upcoming Dates

The Contracting Education Academy at Georgia Tech is offering the COR course (COR 222/206) on November 26-30, 2018. This course is taught at Georgia Tech’s world-class Global Learning Center in midtown Atlanta.

Who Should Attend

Contracting officer’s representatives, program/project managers, contracting officers, and industry contracting personnel who interface with contracting officers and contracting officer’s representatives.

Registration

For details on how to register, please visit: https://pe.gatech.edu/courses/cor-206222-contracting-officer-representative-course-and-contingency-contracting-environment

How You Will Benefit

You will learn:

How to review contract terms and conditions.
Each party’s role and responsibility in contract administration.
Proper documentation and approvals for contract changes and modifications.
How to monitor contract expenditures.
Contract close-out methodology.
How to manage ethical and legal issues in the contingency contracting environment.

Content

Recognizing the COR’s responsibilities in acquisition mission support planning.
Understanding the contract award process.
Tracking contract expenditures.
Monitoring contract schedule compliance.
Analyzing proposed contract changes.
Identifying the unique characteristics and monitoring protocols for construction contracts, major systems and R & D acquisitions.
Evaluating a contractor’s compliance with performance terms and conditions.
Handling cultural taboos in a contingency environment.
The process for reporting bribery, kickbacks and other illegal acts.

Materials

Provided to each student are a printed guide book with supplemental learning material, exercises, case studies, and handouts, and exclusive web-based materials.

What Students Say About This Course

Here’s a small sampling of feedback from students who have attended Georgia Tech’s COR 206/222 course:

“I got detailed knowledge and understanding of COR and CO duties and responsibilities. I now have the knowledge I need to perform as a COR.”
“A very well-taught course.”
“The instructors are very knowledgeable.”
“Professional training providing insights and practical examples.”
“I valued the exercises — they helped a lot! A wonderful course!”
“Great course — great instructors!”
“Excellent instruction.”
“I valued the format, facilities, and the instructor’s expertise.”
“Invaluable information — a mix of academic and real-world views. Outstanding job.”
“Great job. The knowledge of the instructors was remarkable.”

Additional Information

The Contracting Education Academy at Georgia Tech (The Academy) is an approved equivalency training provider to the Defense Acquisition University (DAU) and provides continuing education training to Acquisition and Government Contracting professionals as well as to business professionals working for government contractors or pursuing opportunities in federal contracting. This course is DAU-equivalent training satisfying both FAC-C and DAWIA certification programs.

April 24, 2018 By cs

Two popular classes scheduled for June

Need to know the role of a Contracting Officer Representative? And how about contract formation — exactly how does the government put together its contracts?

Whether you are a member of the government’s acquisition team — or a contractor navigating the government’s acquisition process — you need to know the answers to these questions.

Fortunately, The Contracting Education Academy at Georgia Tech provides all the answers — in two popular classes in June.

The Contracting Officer’s Representative course (COR 222), coupled with the Contingency Contracting Environment class (COR 206), provides a comprehensive review and detailed instruction on the role, responsibilities, authority, and limitations of authority of the federal government’s Contracting Officer Representative (COR). Students learn the fundamentals of contracting regulations, types, phases, and other elements of contract administration. Students are also coached on the ethical and legal factors that impact COR responsibilities in the normal course of business and in the Contingency Contracting Environment. This course is scheduled to be held June 11 – 15, 2018 on the Georgia Tech campus in Atlanta.

The Contract Formation in the FAR course (CON 090-3) is the third of four modules from CON 090 – Federal Acquisition Regulation (FAR) Fundamentals. It explores the simplified acquisition process, the sealed bidding process, contracts entered into on the basis of both competitive and noncompetitive negotiated arrangements, the required and preferred sources of supplies and services, what must be done to ensure competition, the policies for policies and procedures for pricing negotiated contracts and contract modifications, as well as the policies and procedures for filing bid protests. This course is scheduled to be held June 18 – 22, 2018 on the Georgia Tech campus in Atlanta.

Both courses consist of limited lecture, and are heavily exercise-based. Students get the opportunity to learn the Federal Acquisition Regulation by working through many real-life scenarios. Students also are given access to many exclusive on-line resources.

The Contracting Education Academy at Georgia Tech is an approved equivalency training provider to the Defense Acquisition University (DAU) and provides continuing education training to Acquisition and Government Contracting professionals as well as to business professionals working for government contractors or pursuing opportunities in the federal contracting arena.

For more information on the Contracting Officer Representative course (CON 206/222) and to register, please visit: http://www.pe.gatech.edu/courses/cor-206-222-contracting-officer-representative-course-and-contingency-contracting-environment.

For more information on the Contract Formation in the FAR course (CON 090-3) and to register, please visit: http://www.pe.gatech.edu/courses/con-090-3-contract-formation-far.