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10 MYTHS OF GOVERNMENT CONTRACTING

10 MYTHS OF GOVERNMENT CONTRACTING. Kate Whitby 1 North Brentwood, Suite 1000 St. Louis, MO 63130 kwhitby@spencerfane.com. GOALS. Identify “Good” Contracts / Work Steer Away From “Bad” Contracts / Work Survive Audits Get Paid Don’t Get Sued Get Hired Again For Government Work. MYTH #1.

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10 MYTHS OF GOVERNMENT CONTRACTING

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  1. 10 MYTHS OF GOVERNMENT CONTRACTING Kate Whitby 1 North Brentwood, Suite 1000 St. Louis, MO 63130 kwhitby@spencerfane.com

  2. GOALS • Identify “Good” Contracts / Work • Steer Away From “Bad” Contracts / Work • Survive Audits • Get Paid • Don’t Get Sued • Get Hired Again For Government Work

  3. MYTH #1 • When The Government Asks For Bids, It Really Wants To Buy Something, Can Buy It, And Will Buy It • Funding • “Commercial Items” • Contracting Officer • Task order work awards

  4. MYTH #2 • The Government’s Request For Bids Is Realistic And The Government Will Negotiate Fairly • Market research • Multiple Award Schedule contracts • The False Claims and Trade Agreements Acts

  5. MYTH #3 • The Government Will Be Fair And Reasonable Regarding Changes • Change Orders • Must be approved by CO • Inside or outside scope of contract is important • Constructive change orders • Notice and equitable adjustment • Differing Site Conditions

  6. MYTH #4 • The Government Can’t Make Me Stay On A Contract That Is A Money Loser • Unilateral Change Orders • Contract Disputes • “Mistakes” • Termination for Government Convenience • “Claims”

  7. MYTH #5 • I Won’t Be Audited • Pre-Award • Proposal Review • Provisional Billing Rate Review • Past Performance • Capacity • Completion and After • Final Overhead Rate

  8. MYTH #6 • The Financial Accounting System I Use Is Good Enough For Government Work • Cost Accounting Standards (CAS) • Cost Principles and Procedures • Direct vs. Indirect Costs and Indirect Cost Accounting • General & Administrative Costs • Accounting changes to indirect cost rate structures

  9. MYTH #7 • I Don’t Need To Know Anything About The FARs • Construction and Architect-Engineering Contracts (Part 36) • Service Contracting (Part 37) • Contract Admin & Audits (Part 42) • Contract Modifications (Part 43) • Subcontracting (Part 44)

  10. MYTH #8 • At Least The Government Has The Money To Pay • Appropriations • Funding / deobligation of funds • Fiscal year budgets • 80% rate for progress payments • Standard invoicing forms

  11. MYTH #9 • Starting The Work Without A Signed Contract And Working In-Between Contract Renewals Or Extensions Is Not A Problem • No. • No. • No.

  12. MYTH #10 • I Am Not Responsible For A Sub’s Personnel or Employment Practices • FAR Subpart 22.4, Labor Standards for Construction Contracts • ADA • EEO • Davis-Bacon Act • Stafford Act • OSHA

  13. LAWS/REGULATIONS • Competition In Contracting Act • Buy American Act • Federal Acquisition Streamlining Act • Truth In Negotiation Act • False Claims Act • Armed Services Procurement Act • Federal Property & Administrative Services Act • Contract Disputes Act of 1978 • Federal Acquisition Regulations (FARs) • Defense Federal Acquisition Regulation Supplement (DFARS)

  14. ADDITIONAL RESOURCES • www.fedbizopps.gov • www.arnet.gov/far • www.ccr.gov • www.sba.gov

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