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Prequalification in Government Construction Contracts

Avoid common government contracting pitfalls that lead to suspension and debarment proceedings.

Doing business with the federal government presents unique challenges for contractors. In addition to standard hurdles of corporate formation and maintenance facing every business, government contractors must comply with an ever-changing set of rules and regulations. Contractors that fail in any of these areas are subject to a non-responsibility determination and lost contracting opportunities. This material covers the fundamentals of responsibility under the Federal Acquisition Regulation. Contractors will also learn practical strategies for compliance as well as what to do in the event of adverse agency actions like suspension and debarment.

Learning Objectives

  • You will be able to define qualification, prequalification, and responsibility under the Federal Acquisition Regulation.
  • You will be able to identify the common credentials used in agency responsibility determinations.
  • You will be able to recognize common government contracting pitfalls that lead to suspension and debarment proceedings.
  • You will be able to discuss practical strategies for challenging agency non-responsibility determinations.

87 minutes
Course Exam
Certificate of Completion
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Qualification/Prequalification Basics

  • Business Formation
  • DUNS, TIN, EIN Numbers
  • www.Sam.Gov
  • Small Business Administration Program Eligibility
  • Impact of the Competition in Contracting Act

Responsibility Under FAR 9.104

  • Ability to Perform
    • Financial Resources
    • Ability to Meet Delivery Schedule
    • Facilities and Equipment
    • Management and Technical Capability
  • Will to Perform
    • Tenacity
    • Integrity
  • Contract Specific Standards
  • Collateral Requirements
  • Organizational Conflicts of Interest
  • Responsibility vs. Responsiveness

The Relationship Between Prequalification and Responsibility

The Responsibility Determination Procedure

  • Information Gathering
  • The Role of Agency Discretion

Contesting Non-Responsibility Determinations

  • Protests
  • SBA Certificate of Competency Process
  • Agency Use of Competitive Ranges

Subcontractor Responsibility

Suspension and Debarment

  • Causes (False Claims Act)
  • Procedures
  • Presentation of Matters in Opposition
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on March 22, 2021.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Nicholas T. Solosky

Nicholas T. Solosky

Fox Rothschild LLP

  • Partner in Fox Rothschild LLP’s Government Contracts Practice Group
  • Represented clients at all levels of federal litigation, including matters at the Government Accountability Office, Court of Federal Claims, Boards of Contract Appeals, and U.S. Court of Appeals for the Federal Circuit
  • Represents contractors in all manner of claims against the federal government, including bid protests and contract claims
  • Authored publications on Contract Disputes Act Claims, practical bid protest strategies, and suspension and debarment proceedings
  • Represented clients in significant Contract Disputes Act claims at the Civilian Board of Contract Appeals and Armed Services Board of Contract Appeals, as well as U.S. Federal District Courts
  • Author and moderator of Fox Rothschild’s Federal Government Contracts and Procurement Blog
  • Can be contacted at 202-696-1460 or [email protected]
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 407423
Published 2021
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