Solicitations

• Clauses incorporated by reference
• Subsequent amendments to the solicitation
• Patent ambiguity in the solicitation
• Verbal representations of a government official rather than on the written solicitation
• Post-award debriefing in a negotiated procurement.

Proposal Preparation and Submission

• Freedom of Information Act
• Solicitation's submission instructions
• Evaluation factors
• Submitting offer on time
• Nonconforming bid or noncompliant proposal
• Material misrepresentation
• Violating the limitations on subcontracting
• In a negotiated procurement, you mistakenly expected that the government would hold discussions and provide you with the opportunity to submit a final proposal revision
• Mistake in your bid but failed to assert it
• Legal differences between an RFQ and an IFB or an RFP, the difference between a quote and a bid or proposal, and how a unilateral offer will lapse
• Importance of past performance in future solicitations

Defective Pricing and the Truth in Negotiations Act

• What cost or pricing data encompass
• Contracting officer had no right to obtain your cost or pricing data
• Complete cost or pricing data to the government

Protests

• Protest that did not contain all the required elements
• Wrong forum for your bid protest
• Prosecuting your protest vigorously
• Considering the implications of a bid protest on your future relationship with a particular contracting office or contracting officer

Contract Types

• Abused the micropurchase or simplified acquisition programs
• Did not request the use of the test program for commercial items
• Economic price adjustment factors in fixed-price, economic price adjustment contracts
• Right that a contractor has in a cost-plus-incentive-fee contract
• Award fee formula and evaluation criteria in cost-plus-award-fee contract
• Government's incredible range of options in requirements and indefinite delivery/indefinite quantity contracts

Multiple Award Schedule Contracts

• Most-favored-customer pricing to the government
• Commercial sales practices on the GSA Commercial Sales Practice Form
• Category of customer that will be used in connection with MAS contract's price reductions clause

Subcontract Management

• Flow down FAR clauses to your subcontractors and suppliers
• Preparing a satisfactory small business subcontracting plan
• Specially tailored disputes clause in the subcontract

Contract Administration

• Direction from an unauthorized official regarding obligations under a contract
• Reading entire contract
• Followed oral promises and direction instead
• Quality control/quality assurance requirements
• Delivery schedule
• Submitting a proper invoice
• Nonpayment of proper invoices
• Performing extra work
• Service Contract Act
• No right to receive an option
• Government has a unilateral right to extend a contract for services for up to six months
• Multi-year contract after the end of the current year on the promise that the option year would be exercised
• Government exercise any option in strict accord with the terms of that option
• Promise of award
• Minimum wages or benefits required by the wage determination
• Revision to the delivery schedule
• Extent of the government's rights in data or software
• Equitable adjustment in a timely manner
• Duty to continue contract performance
• Difference between anticipatory repudiation and negotiation
• Limitation of cost or limitation of funds clause in contract
• Improperly reported on the source of components or violated the Buy American Act or Trade Agreements Act
• Present responsibility
• Suspension or debarment
• Irrational debarment or suspension
• Contractor and the government have a duty to cooperate in the execution of the contract
• Identify and submit a claim for a constructive change
• Identify and submit a claim for defective specifications
• Impossibility of performance
• Right to an excusable delay
• Government may inspect at any reasonable place and time
• Preventing a termination for default
• Government can accept goods that are useable but that do not pass inspection
• Course of dealing that made otherwise unacceptable goods acceptable
• Records management system that complies with FAR Part 4

Contract Pricing and Costs

• Demonstrate reasonable price offer
• Proposal or invoices including unallowable costs

Government Furnished Property

• Maintaining proper inventory of a government furnished property
• Equitable adjustment

Contract Termination

• Responding to a cure notice or show-cause notice
• Challenging an improper termination for default
• Endangering the performance of your contract
• Government waived the delivery schedule
• Government's unreasonable excess cost of reporcurement
• No-cost termination in lieu of a default termination
• Termination for convenience settlement proposal
• Termination for a convenience settlement
• Liquidated damages

Audits

• Request in writing from a contracting officer before providing access to your records
• Letter or entrance briefing explicitly stating the scope of the audit
• Appointing a single point of contact with the auditors
• Allowing auditors access to employees other than for floor checks of timecards
• Auditors provide an exit briefing stating their findings
• Cooperating with an audit

Integrity and Investigations

• Company compliance program
• Consequences of civil and criminal misconduct
• Employees rights and obligations during an investigation
• All company documents belong to the company
• Ignored a conflict of interest

Contract Disputes

• Sum certain
• Equitable adjustment when warranted
• Failing to submit a proper claim
• Appeals to the U.S. Court of Federal Claims
• Wrong forum for appeal

Performance Quality

• Performing as a world-class contractor