Foley's 2009 Annual Update on Government Contracts (Michigan)

In a typical year, the U.S. government is the largest purchaser of goods and services in the world and spends more than $400 billion annually. The wars in Iraq and Afghanistan and the resulting toll placed on military supplies and equipment expands federal spending by several hundred billion dollars. Additionally, to recover from near economic collapse, the U.S. government is spending money (as quickly as possible) to “stimulate” economic growth and liquidity. The American Recovery and Reinvestment Act of 2009 (Recovery Act) is unusual in that its primary objective is to spend several hundred billion additional dollars by next fall, with only a secondary objective of procuring goods and services. Opportunity, interest in, and the potential for reward from government contracting has never been greater.

This year’s Annual Update on Government Contracts seminar focused on:

Contract Changes and Claim Submissions

• Recognizing contract changes, including directed and constructive changes
• Understanding the FAR clauses addressing changes, stop-work orders, and terminations
• How to implement a system for managing, processing, and preparing claims
• Training tools for your employees on change recognition and claim recovery
• When to submit a request for equitable adjustment versus a claim
• Unique considerations for subcontractors
• Best practices for maximizing your recovery and real-life mistakes to avoid

The American Recovery and Reinvestment Act: An Update on the Government’s Stimulus Efforts and Activities

• Overview of the Recovery Act and what have we learned
• Contract management trends and opportunities
• Oversight practices and a new layer of compliance
• “Buy American” provisions and restrictions
• What’s next and some thoughts on future implementation

Ethics and Compliance Update

• When does the new clause apply?
• What does the new clause require?
• What parts of the requirement are retroactive?
• Compliance Code requirements, internal controls, and training

Federal Bid Protest Update

• Recent bid protest statistics
• Timeliness requirements
• Stopping performance during the protest
• Significant decisions of the Government Accountability Office (GAO), the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit

For more information, please contact Donna M. Bartelotti at dbartelotti@foley.com or 313.234.2776.