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Who should attend Public Contracting
This seminar is designed for attorneys, engineers, project managers, principals, procurement directors, contractors, subcontractors, presidents, vice presidents, contract managers, architects, administrators and managers of cities, counties, special districts, school districts and other public entities.
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Public Contracting  

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This seminar is designed for attorneys, engineers, project managers, principals, procurement directors, contractors, subcontractors, presidents, vice presidents, contract managers, architects, administrators and managers of cities, counties, special districts, school districts and other public entities.

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Seminar Summary:

This seminar is designed to cover practical approaches to public works construction contracting. (see full course description)

 
 

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Training Course Syllabus:


Public entities undertaking construction projects face comprehensive public contracting statutes, bidding issues and contract claims which combined pose legal and practical challenges to public construction.

This seminar is designed to cover practical approaches to public works construction contracting.

Topics to be discussed include:

  • Formation Of Contracts With The State And Local Governments
  • Bid Bonds
  • Formation Of Contracts With The Federal Government
  • Performance Issues Under Public Contracts
  • Payment Issues Under Public Contracts
  • Remedies Of The Contractor Against The Public Owner
  • The Prime Contractor's Bonds – Issues Of Subcontractor And

Owner Claims

  • Disputes Under State And Local Contracts
  • Disputes Under Federal Contracts

9:00 a.m. - 10:15 a.m.

I. Formation Of Contracts With The State And Local Governments

A. The Competitive Bid Law

B. The Public Works Law

C. Exceptions To Competitive Bid Requirements

D. Prequalification Of Bidders

E. Bid Protests

F. Emergencies

10:15 a.m. - 10:35 a.m.

II. Bid Bonds

A. Statutory Provisions

B. Forfeiture Of Bonds

10:35 a.m. - 10:50 a.m.

Break

10:50 a.m. - 11:30 a.m.

III. Formation Of Contracts With The Federal Government

A. The Federal Acquisition Regulation

B. Competitive Bidding

C. Negotiated Contracts

D. Unconventional Procurement – Design-Build And Best Value Contracting

E. Preferences For Disadvantaged Bidders

11:30 a.m. - 12:10 p.m.

IV. Performance Issues Under Public Contracts

A. Change Orders

B. Scheduling Issues

C. Oral Or Implied Modification Of Contracts

D. Modifications Of Originally Exempt Contracts

E. Federal Contract Clauses

12:10 p.m. - 1:10 p.m.

Lunch (On Your Own)

1:10 p.m. - 1:30 p.m.

V. Payment Issues Under Public Contracts

A. Alabama's Prompt Payment Statute

B. The Federal Prompt Payment Clause

C. Limitations On Retainage Under Subcontracts

1:30 p.m. - 2:00 p.m.

VI. Remedies Of The Contractor Against The Public Owner

A. Availability Of Alternative Dispute Resolution

B. Presentation Of Disputes To The Owner And Engineer

C. Administrative Review Of Claims

2:00 p.m. - 3:00 p.m.

VII. The Prime Contractor's Bonds – Issues Of Subcontractor And Owner Claims

A. The Miller Act

B. Alabama's 'Little Miller Act'

C. Presentation And Pursuit Of The Payment Bond Claim By The Subcontractor

D. The Owner's Claim On The Performance Bond

E. Procedural Requirements

F. The Contractor's Indemnity Obligations

3:00 p.m. - 3:15 p.m.

Break

3:15 p.m. - 3:35 p.m.

VIII. Disputes Under State And Local Contracts

A. Termination For Default And For Convenience

B. Litigation Between Owner And Contractor

C. Disqualification Of Contractors

3:35 p.m. - 4:15 p.m.

IX. Disputes Under Federal Contracts

A. The Contract Disputes Act

B. The Boards Of Contract Appeals And Available Courts

C. Alternative Dispute Resolution

D. The False Claims Act

4:15 p.m. - 4:30 p.m.

X. Question And Answer Session

Seminar Summary:

This seminar is designed to cover practical approaches to public works construction contracting. (see full course description)

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