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Speaker: John Edward Murphy, Author of "Guide to Contract Pricing: Cost and Price Analysis for Contractors, Subcontractors, and Government Agencies."
Date: Friday, August 24, 2007
Time: 8:30 am to 12:00 pm
Location: The Federal Sales Academy, Bethesda, Maryland
The standard changes clause at FAR 52.243-4 provides that, “the Contracting Officer may at any time, by written order ... make changes within the general scope of the contract.” This standard clause, with minor variations depending on the type and product or service, appears in all Government contracts. So when “Uncle Sam” mandates a contract change, the contractor invariably must “turn to” and comply.
But does this mean that the contractor is not entitled to a price adjustment? Fortunately — and not surprisingly — the answer is an emphatic “NO !” Fortunately the changes clause, also provides that an "Equitable adjustment shall be made if the change causes an increase or decrease in the contractor's costs or time of performance."
But the challenge is for the contractor to prepare and present price proposal for equitable adjustment that will meet the regulatory requirements of the Federal Acquisition Regulations (FAR), and decisions of the Boards of Contract Appeals (BCAs), and Federal Claims Court
This seminar will facilitate your ability to:
- Understand your obligations and rights when “Uncle Sam” orders or causes a change in the contract.
- Understand your obligations and rights when “Uncle Sam” terminates your contract for “convenience of the government.”
- Distinguish between a formal contact change pursuant to a changes clause, and a “constructive” change.
- Negotiate a fair and reasonable price adjustment for a contract change.
- Prepare calculations for a fair and reasonable equitable price adjustment which is compliant with the Federal Acquisition Regulations (FAR), and decisions of the Boards of Contract Appeals BCA, and Federal Claims Court.
Course Outline:
- Contract change orders and modifications
- “Constructive” changes
- Documenting the impact of the changes
- The “wholeness” concepts (neither the contractor nor the government should be in a better or worse position as a result of the change) in pricing Equitable Adjustments.
- FAR requiring negotiations before access to BCAs and Federal Claims Court
Approaches to Calculating Equitable Adjustments
- Reasonable Cost Approach
- Total Cost Approach
- Jury Verdict Approach
- Reasonable Value Approach
- Other Approaches (e.g., “Measured Mile” and “Lost Productivity” calculations)
Indirect Cost and Profit in Equitable Adjustments
Equitable Adjustments for Government Caused Delays
- Eichleay formula (basic and modified)
- Allegheny formula
- Other formulas
Questions and answers
A must for government contractors who prepare equitable price adjustment claims for contract changes. "Strategies for Pricing Contract Claims" covers everything you need to know about pricing government contract claims.
Cancellations
Cancellation notification must be received one week prior to the seminar date. Upon notification, your registration fee will be refunded less a $100 non-refundable processing fee. Any cancellations beyond the one week period are non-refundable. You may reschedule at anytime; if you reschedule to attend another seminar, we will apply your payment toward your new registration fee. Personnel substitutions may be made at any time. Payment must be received prior to the seminar date. No-shows are liable for the full seminar fee.
