Foley hosted the 2007 Annual Update on Government Contracts seminar in two Michigan locations this fall.
U.S. government procurement in fiscal year 2007 set another record, reportedly increasing to $425 billion, a 10-percent increase over 2006. Spending such large sums of money will likely continue even if U.S. troops leave Iraq, as the military repairs and replaces equipment consumed in the war, and the U.S. government continues to exploit new technologies in the war on terror.
Government procurement does not occur in a political vacuum. With last year’s change of control in Congress, numerous proposals on “acquisition reform” are under consideration. The promise of a spirited presidential campaign without an incumbent will set the scene for campaign promises to “fix” the problems of fraud, waste, and abuse by using taxpayer money wisely, getting “more bang for the buck,” and simultaneously fixing society’s ills. It presents a challenging and potentially rewarding time to be a government contractor.
This year’s seminar focused on both traditional and cutting-edge issues in government procurement.
Seminar Topics
Bid Protest Update
- Recent Bid Protest Statistics
- Critical Procedural Issues — Being TIMELY!
- 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
- Stopping Performance During the Protest
- Protest Reform
U.S. Government Subcontracts — Special Consideration for Prime and Subcontractors
- Unique Features of Government Subcontracts
- Flowing Down Federal Acquisition Regulation Clauses
- The Prime Contractor’s View
- The Subcontractor’s View
- Improving Your Subcontracts
The Contract Disputes Act of 1978
- What Is a “Dispute”?
- The Importance of the Contracting Officer’s Final Decision
- Appealing to the Boards of Contract Appeals
- Appealing to the U.S. Court of Federal Claims
- Alternative Dispute Resolution (ADR) and Settlement Opportunities
Organizational Conflicts of Interest
- Key Principles of OCI and Current FAR Treatment
- The Three Categories of OCI
- Examples of Agency Request for Proposal (RFP) Provisions on OCI
- OCI Changes Under Discussion
- False Claims Act Liability for Undisclosed OCIs
Short Topics
- Teaming Agreements — When to Use Them and What to Include
- Source Restrictions Under the Berry Amendment — Recent Developments
- Commercial Item Update
- New Compliance Requirements
- Other Important Regulatory Changes
