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            NORTH TEXAS CHAPTER
    
TYPES OF CONTRACTS

 

 

Thank you for attending the Types of Contracts Event!

WHEN: 23 – 24 September 2009 (7:45-8:15 AM Registration, 8:15 AM to 4:30 PM Workshop each day)

WHERE: Hyatt Place Dallas/Garland and Firewheel Conference Center, 5101 North George Bush Highway, Garland TX 75040   Phone (972) 414-3500.  See web-site for directions to program. www.hyattplacedallasgarland.com    Seminar room rates available.

COST: $400.00 Members, $530.00 Non-members (includes $130 for NCMA Membership), Groups (5 or more) $250 per person.  Seminar includes training materials.  Course earns 12.0 hours CEU credit. 

 

ADVANCE RESERVATIONS REQUIRED BY September 16, 2009.  Payment must be made in advance of attendance.  To register on line click here: http://www.acteva.com/go/ncma-ntxchap  If you have questions, contact Glen Shaffer, 972-705-1050, cgshaffe@rockwellcollins.com

 

TYPES OF CONTRACTS 

A Federal Publications Seminar that provides an accelerated, comprehensive two day course on the practical, legal, accounting and management systems implications in the use of various contract types. This seminar is designed for both new and experienced Contracts Professionals. It explains different contract types, their uses and provides an update of the new, innovative types of contracts in use. The course includes an analysis of the risks inherent in contracting and the role of risk management in both fixed-price and cost-reimbursement contracting. In fact, risk considerations are the primary drivers behind renewed Congressional interest in moving towards fixed-price contracts.

 

COURSE CURRICULUM

1. PROCUREMENT METHODS

  • Simplified Acquisition Procedures

  • Sealed Bidding            

  • Contracting by Negotiation 

  • Acquisition of Commercial Items             

  • Performance-Based Contracts

  • Special Contracting Methods

2. CONTRACT TYPES - (DESCRIPTION, APPLICATION, MANAGEMENT BURDENS, LIMITATIONS AND CLAUSES)

  • Selecting Contract Types

    • Assessing contract risk  

    • Sharing contract risk    

  • Fixed-Price Contracts  

    • Fixed-price with economic price  adjustment

    • Fixed-price incentive 

    • Fixed-price with award fees  Firm-fixed-price

    • Fixed-price with prospective price re-determination

    • Fixed-price with retroactive price  re-determination

    • Firm-fixed-price, level-of-effort  

  • Cost-Reimbursement Contracts    

    • Cost contracts  

    • Cost-sharing

    • Cost plus-incentive-fee   

    • Cost-plus-award-fee 

    • Cost-plus-fixed-fee 

  •  Indefinite-Delivery Contracts

    • Definite-quantity 

    • Requirements

    •  Indefinite-quantity 

    • Ordering

  • Other Contract Types     

    •  Time-and-Materials    

    • Labor-hour   

    • Letter 

  • Agreements

    • Basic agreements

    • Basic ordering agreements

3. FINANCIAL AND ACCOUNTING CONSIDERATIONS FOR DIFFERENT CONTRACT TYPES

  • Pricing and Cost Estimating   

    • Truth in Negotiations Act        

    • Submission of cost or pricing data

  • Defective Pricing

    • Indirect Rates

    • Forward pricing rates

    •  Provisional billing rates

    • Revenue booking rates

    •  Quick close-out rates

    • Actual rates

  • Billing Methods and Revenue Recognition

    • Milestone billings

    • End item billings

    • Cost vouchers

    • Progress payments

    •  Advance payments

    • Liquidation issues

    • Percentage of completion, cost-to-cost method

    •  Commercial payment schedule

  • Government Audit Rights

    • Pre-award audits

    • Post award audits

    •  Incurred cost submissions

    • System reviews

  • CONTRACT CLOSE-OUT ISSUES

    • Quick Close-Out Procedures    

    • Contract Retentions and Holdbacks   

    • Final Billing and Payment

    • Document/Records Retention

          

COURSE FACULTY

Mark K. Roberts is a director with PricewaterhouseCoopers Government Contracts Practice in Washington DC. Mr. Roberts has over twenty-five years of experience in government contracts having worked in private industry, public accounting and at a law firm serving as a consultant and litigation specialist. For the past twenty years he has served as a consultant and expert witness with major public accounting firms working primarily in the aerospace, defense, healthcare and construction industries.

Mr. Roberts assists companies in resolving complex financial and accounting issues relating to pricing, costing, and the administration of government contracts. He reviews and evaluates contractor's accounting, estimating, contract administration and procurement systems for compliance with applicable federal procurement regulations. Mr. Roberts has extensive experience in designing cost accumulation and allocation systems to ensure that costs are accumulated and allocated in a uniform, consistent and accurate manner. He has evaluated and/or designed cost accounting systems for ship builders, aircraft manufacturers, construction contractors, munitions manufacturers, insurance companies, U.S. airlines, engineering companies, and others.

Mr. Roberts consults with companies on matters concerning compliance with the Cost Accounting Standards ("CAS") including: applicability of CAS and disclosure statement filing; preparation of disclosure statements; and accounting for cost accounting practice changes. Mr. Roberts assists companies in preparing requests for equitable adjustments under contracts and in preparing contract claims. Mr. Roberts has a Bachelor of Arts degree in Economics from Harvard University.

 

Brian A. Darst is an attorney with the firm of Odin, Feldman & Pittleman in Fairfax, Virginia, and holds the position of Counsel. He specializes in legal matters involving Government construction and service contract law and has extensive experience in the areas of contract formation and administration issues, bid protests, claims preparation and litigation, internal investigations, voluntary disclosures, procurement fraud investigations, various suspension and debarment proceedings, matters related to Small Business Administration, and other issues involving the award and administration of federal and state government contracts. Mr. Darst has represented clients in various matters before the Government Accountability Office, the Postal Service, Armed Services, and General Services Administration Boards of Contract Appeals, the Court of Federal Claims, the Small Business Office of Hearing and Appeals, and various agency-level proceedings. Mr. Darst's practice includes assisting clients with matters related to the sale and acquisition of firms involved in Government contracting, software licensing issues, other corporate governance matters, and civil litigation in Virginia and District of Columbia.

Mr. Darst is admitted to practice in the District of Columbia, Virginia, and West Virginia. He is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Federal Circuit, the Court of Appeals for the Fourth Circuit, the Court of Federal Claims, and the United States District Courts for the Eastern District of Virginia and the Southern District of West Virginia.

Mr. Darst earned his B.A. from Marshall University and a J.D. from West Virginia University. After graduating from law school, Mr. Darst worked as an attorney with the United States Navy's Office of General Counsel and represented the Navy in matters involving the acquisition and administration of service and supply contracts for the Naval Sea Systems Command.