Advising Federal Contractors Regarding Contract Changes

Contract changes are a fundamental part of government contracting, so much so that all government contracts include some version of the changes clause. But implementing those changes - and negotiating the associated costs - can be a difficult process with a steep learning curve.

This program, taught by experienced government contracting attorney Michael Richard of Cohen Seglias, will cover simple rules to use in guiding your clients to avoid disruptions to the project and increase the likelihood of prompt payment.

The course will discuss how to determine if a government request is a change to the contract and the types of changes that are most likely to cause conflicts, including real world examples of changes in a variety of contracts, such as design, construction, and service contracts. The program will also cover the way that a lack of communication and misconceptions about the authority of government personnel can cause conflicts, featuring specific examples of mistakes on both sides of the contract.

Special attention will be given to communication, professionalism and the proper role of performance reviews in the negotiation process. Finally Michael will provide a few simple rules to avoid conflict and promote payment. The presentation will feature the latest legal developments on a variety of topics related to contract changes, including the DRChecks system, the authority of government personnel to direct changes, and performance reviews in CPARS.

Learning Objectives:

1. Apply the changes clause to various real world scenarios
2. Discuss the function and enforceability of notice requirements in federal contracts
3. Review the basics of contracting authority and how to advise clients regarding unauthorized direction
4. Encourage professionalism amongst the parties to the contract to create positive outcomes for federal contractors