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Sponsored by Lorman Education
Product ID: 406915EAU
 
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Managing Government Construction Contract Changes

OnDemand Webinar (89 minutes)

Understand the various contract vehicles and the change processes unique to each as identified by clauses under the Federal Acquisition Regulations.Understanding and managing contract changes is key to the fair administration and equitable cost recovery for any construction project. It becomes exponentially more important in the complex arena of federal contracting, where the overlay of unique contracting mechanisms, federal acquisition regulations, and the parameters of the Contracts Disputes Act require strict adherence to regulations governing the creation, protection and preservation of change order adjustments. This topic will address the various contract vehicles, the change processes unique to each as identified by relevant clauses under the Federal Acquisition Regulations, use of specific instruments such as Engineering Change Orders (ECOs), Requests for Equitable Adjustment (REAs); Constructive Change Requests (CCRs), and the Cardinal Change doctrine, and suggested documentation strategies necessary to establish, preserve, prove, and protect the right to changes.

Authors

Denise Farris, Farris Law Firm LLC

Agenda

Change Management Process

• Overview Federal Procurement System

- Agencies

- Purpose

- Contract Forms

- Governing Regulations

FAR (Federal Acquisition Regulations) Overlay

• FAR Changes Clause

• Mandatory Flow-Down Clauses and Forms

• Contract Vehicles

- Firm Fixed Price

Types of Changes

• Unilateral

• Bilateral

• Constructive

• ECO's (Engineering Change Orders)

• REA's (Requests for Equitable Adjustment)

• Cardinal Change

Negotiation

• Certified Pricing Data

• Cost Analysis vs Price Analysis

• Similar Work Comparisons

• Proper Analysis Techniques

Implementation

• Mandatory Notice

• Internal Documentation

• Early Filing

• Protecting Right to Claim

- Contract Requirements

- Government Actions / Omissions

- Additional Work

- Increased Costs

Risk Management

• Internal Communications

• Cost/Price Data Capture Budget to Actual

• Early Consideration of Constructive Change Data Capture

• General Contract Principles:

- Authority Identification

- Incorporation of Documents

• RFP / Contract Ambiguity

• Definition of General Scope Versus Outside the Scope

• Relationship Maintenance

Recommended Strategies