MGT 5213 – CONTRACT CHANGES, TERMINATIONS AND DISPUTES

SPECIAL NOTE - SUMMER SESSION ONLY

THIS COURSE OFFERING IS AN 11-WEEK COURSE! THE SCHEDULE IS COMPRESSED TO MATCH THE SHORTER SEMESTER.  THERE ARE TWO EXAMS AND ONE PAPER -- HOWEVER THERE IS NOTHING EXPLICITEDLY DUE FOR MEMORIAL DAY WEEKEND. :)  YOU CAN WORK AHEAD IN THE CLASS - JUST DON'T GET BEHIND!  PLEASE CONTACT ME IF YOU HAVE ANY QUESTIONS.  THANKS!

 

FLORIDA INSTITUTE OF TECHNOLOGY

Bisk College of Business

 

INSTRUCTOR INFORMATION: 

Instructor: Julie C. Demcheshen, CPCM       Email: jdemches@fit.edu

Instructor works out of the National Capital Region (NCR) of FIT in Northern Virginia.  Office Hours: Please email for availability.

The instructor is available for consultation and can be contacted for consultation and/or scheduling a personal appointment via email.

 

INSTRUCTIONAL METHOD: The course will be offered as a series of online, self-paced sessions.  Exercises, handouts and case studies may be used to augment course material.  Students will download the provided Web-based material, read the chapters associated with that week’s assignment and complete any weekly written assignments as indicated. Students may be given selected websites or other references for some lessons.  Sessions may vary and contain different learning and teaching approaches – potentially integrating class discussion boards, lecture notes/videos, exercises, articles, websites and guest speakers when available.  Not all materials provided are mandatory – but a wide offering is made available to meet individual students’ experiences.  To encourage efficient and concise answers, weekly assignments should be no longer than one page per question.  More than one question can be on a page, as some responses are shorter than others.   Please include the question and response on each assignment.  Per FIT Policy, there are no regularly scheduled or mandatory 'chats' for this class at this time.  However, the instructor is available to answer all questions via CANVAS/email or pre-scheduled telephone calls.

 

COURSE CONTENT/OVERVIEW: This course is designed to provide the student with an in depth understanding of the pre-award phase of the federal acquisition process. The class focus is on the theory and practical application of Government contract and subcontract formulation, with an emphasis on acquisition planning, solicitation preparation, market research, contract types and the evaluation of proposals. Uses class discussions and case studies to examine the management problems from the perspective of the contracting office, requiring activity, courts, Congress and the contractors.

 

PREREQUISITES: None

Recommended: Background knowledge equivalent to MGT 5211 Procurement and Contract Management.

 

COURSE LEARNING OBJECTIVES, OUTCOMES/ASSESSMENTS

LEARNING OBJECTIVES:  Students successfully completing this course should be able to:

 

  1. Apply contract principles to contract administration with regard to changes, terminations and disputes
  2. Apply the fundamentals of contract Changes; what can be changed, when can changes be made and by whom; Describe the contract changes process and the differing roles of the program office, contracting officer, and contractor
  3. Define and identify Constructive Changes;
  4. Recognize a compensable and excusable delay;
  5. Describe and delineate types of differing site conditions
  6. Recognize the need for Terminations and determine which type is applicable to a given contractual situation;
  7. Define a claim and know it’s elements
  8. Identify a contract Dispute and offer solutions to resolve it
  9. Discuss the various legal avenues and remedies to resolve a claim or dispute
  10. Reiterate the purpose of the Contracting Officer determination/decision
  11. Apply appropriate cost-type Contract Administration principles related to the course materials

 

ASSESSMENTS:  The learning outcomes will be assessed by:

Demonstrated knowledge of contract changes, disputes and termination concepts and processes measured by varying on-line activities (which may include group projects and/or individual homework assignments) and quizzes (knowledge checks) as assigned.

 

REQUIRED TEXT AND SELECTED BIBLIOGRAPHY: 

Required Texts (Selected Chapters):

  1. CONTRACT CHANGES, DISPUTES & TERMINATIONS – Mastering the Fundamentals by Cibinic, Knight, Nagle and Nash (2015), Wolters Kluwer Law & Business; ISBN: 978-1-4548-6964-1
  2. Supplemental Lecture Notes and/or videos provided by the instructor; see individual assignments in CANVAS.
  3. FEDERAL ACQUISTION REGULATIONS (FAR) https://www.acquisition.gov/browse/index/far and https://www.dau.edu/tools/dag

 

Optional References:

DAU Acquisition Guides https://www.acquisition.gov/content/regulations(Links to an external site.) 

DAU ACQUIPEDIA: https://www.dau.edu/acquipedia

DAU Glossary: https://www.dau.edu/tools/dau-glossary

DAU Defense Acquisition Guidebook: https://aaf.dau.edu/guidebooks/

DAU Source Selection Procedures: https://acqnotes.com/acqnote/tasks/dod-source-selection-procedures

DAU Provision and Clause Matrix: https://www.dau.edu/tools/dau-provision-and-clause-matrix

DAU Contract Pricing Reference Guides: https://www.dau.edu/tools/contract-pricing-reference-guides-cprg

Principles of Government Contracts, 7th Edition, Steven W. Feldman, West Academic Pub ISBN-13: 978-68467-940-9; ISBN-10: 1684679400. This text is also available electronically (Kindle) and is part of the Concise Hornbook Series.  Make sure you get the right version - and the FIT bookstore has it listed as Government Contracts In A Nutshell, same ISBN. (MGT 5211 Text)

ADMINISTRATION OF GOVERNMENT CONTRACTS, (Current Edition) Cibinic and Nash, The George Washington University;

 

Textbooks may be purchased from the FIT Virtual Bookstore: https://bncvirtual.com/fit.htm or from other reputable sources.

 

GRADING POLICY:  Grades will be administered in accordance with College of Business and University policies and practices.  Letter grades will be earned based on total number of points attained, according to the following schedule:

Midterm: Sessions 1 through 7 Readings/Charts             40%           

Final: Sessions 9 through 14 Readings/Charts                  40% 

Paper/Case Study - Topic Chosen in Session 3                 20%

 

        SCALE 

     90 - 100   =  A

     80 -   89   =  B                         

     70 -   79   =  C

     60 -   69   =  D  

     Below 60 =   F

The following conditions are FIT’s minimum level of effort required to qualify for an “A” grade in this class:

Meeting minimum requirements is not to be construed as having fulfilled an “A” grade level effort and results.

 

ATTENANCE POLICY -- HOLIDAYS/MISSED CLASSES:  Contact the instructor or FIT if there are any questions about potentially scheduled classes.  Since this is an on-line class, actual missed classes should not be an issue.  If required, any in-person classes missed due to holidays, or those that are cancelled due to weather, or for any other reasons, will be rescheduled subject to the instructor’s and students schedule considerations and availability.  

 

LATE ASSIGNMENTS:  Assignments received late will be downgraded one letter grade for each week late after it is due without prior arrangement with instructor.  If applicable, missed exams must be made up within one week of the scheduled exam date and coordinated the instructor.

 

INCOMPLETE GRADE POLICY:    An incomplete (I) grade is only assigned when the incomplete work assignments occurred because of circumstances beyond the student’s control.    The student must have been making satisfactory progress toward completion of all course requirements/standards and with the expectation that when all requirements/standards are completed that the final course grade would result in a passing grade.   The course instructor will be the primary determinant of whether an “I” grade may be assigned based upon each individual student’s circumstances.    If an “I” grade is assigned, then the incomplete work must be fulfilled and submitted to the course instructor within the next six weeks for evaluation and final grade assignment.    The “I” grade will automatically become a “F” at the beginning of the seventh week after initial course completion, unless a waiver has been approved by the Academic Unit Head and filed with the Office of the Registrar.

 

EXERCISE/CASE STUDY REQUIREMENTS: The student will/may be assigned individual exercises and/or case studies to analyze.  The exercises and cases are based on subjects and concepts covered in class.  If required, discussions between students or others should be limited to the framework of the exercises and cases and conducted in a professional manner.  Proper online chat/classroom conduct will be enforced by the instructor if a chat is used.  All individual papers, exercises and case analysis must be your own work.  Information regarding the specific exercises, cases and project assignments will be posted or provided during the course.

 

ACADEMIC HONESTY DEFINITIIONS & PROCEDURES: 

These are located in the student handbook at https://www.fit.edu/policies/student-handbook/standards-and-policies/academic-honesty/ (Links to an external site.) 

Academic honesty is highly valued and expected of all Florida Tech students.    All students are expected to be familiar with the university’s policy on academic integrity.  All assignments and examinations are to be completed in a manner consistent with the FIT’s Code of Academic Integrity.   Written assignments must represent the students’ own original words or ideas and formal papers/presentations must site all relevant sources and provide a clear definition of the extent to which such sources were used.  Any instructor confirmed violation of academic honesty (e.g., cheating and/or plagiarism) will result in (minimum) award of a failing grade on the specific assignment and may result in award of a failing overall course grade to that individual student or group of students.  

Examinations:  Using another student’s direct input or providing another student with answers during an examination are violations of the policy.  It is permissible to discuss questions with other students if the test is to be taken outside of class, however, all answers must be those of the student’s whose test is turned in.  In other words, each student must supply the answer to be turned in for each question in their own words.

For all written work: To use another person’s ideas, words, expressions, or findings in your writing without acknowledging the source is to plagiarize.  A writer, who does not give appropriate credit when quoting, or even paraphrasing, another’s writing is guilty of plagiarism and in violation of the Academic and Professional Conduct policy.  There is a problem with plagiarism in this course - students use the lecture notes verbatim to answer the assignment questions instead of constructing their own thoughts and answers. Please remember that any instructor confirmed violation of academic honesty (e.g., cheating and/or plagiarism) will result in (minimum) award of a failing grade on the specific assignment and may result in award of a failing overall course grade to that individual student. Therefore, please attach the following statement to work turned in for this course:

CERTIFICATION OF AUTHORSHIP: I certify that the student named above completed the assignment that is attached. Any assistance received in its preparation is fully acknowledged and disclosed in the paper. Any sources such as data, ideas or words, either quoted directly or paraphrased is also disclosed. 

Please sign/type name below.

 

                        Student's Name/Signature: ______________________

 

 

Title IX Statement: 

The university’s Title IX policy is available at https://www.fit.edu/policies/title-ix/ (Links to an external site.)


Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. Florida Institute of Technology policy also prohibits discrimination on the basis of sex.


Florida Tech faculty are committed to helping create a safe learning environment for all students that is free from all forms of discrimination and sexual harassment, including sexual assault, domestic violence, dating violence, and stalking. If you, or someone you know, have experienced or is experiencing any of these behaviors, know that help and support are available. Florida Tech strongly encourages all members of the community to take action, seek support, and report any incident of sexual harassment or gender discrimination to Grace Gamage, Title IX Coordinator at 321-674-8885 or ggamage@fit.edu.

 

Please note that as your professor, I am required to report any incidents to the Title IX Coordinator. If you wish to speak to an employee who does not have this reporting responsibility, please contact the Student Counseling Center at 321-674-8050.

 

WHERE TO FIND EXTRA HELP:  See other references above in Textbooks; contract instructor.

LIBRARY SUPPORT:  

The use of library facilities and resources can be an important aid in completing course assignments and in meeting the course requirements.  Library support includes online tutorials on library use, training in the library technologies and resources available, and access to a wide variety of academic and professional databases with journals, etc.  Library support is available to all FIT adult learners (students) through the John H. Evans Library & Learning Commons at http://www.lib.fit.edu.  You access the John H. Evans Library & Learning Commons by using your TRACKS/PAWS user and password. 

COMPUTER REQUIREMENTS/TECHNICAL SUPPORT:

The adequacy of computer hardware and telecommunications needed to complete the course may be confirmed at the university’s distance learning web site:  http://uc.fit.edu/dl.  Issues with connectivity/passwords or help with checking your browser's compatibility should be addressed to the university’s Telecommunications Help Desk: (321) 674-7284, techsupport@fit.edu.

Mobile Apps: Canvas has an app for iOS and Android. 

If you need help with CANVAS - try the student user guide: http://guides.instructure.com/m/8470Links to an external site.  

E-mail: You must be able to access and are responsible for correspondence sent to your @my.fit.edu email address. By default, Canvas will send some notifications to this address. You can change where and how often you receive these notifications in your Canvas Notification Preferences. 

Sending attachments: You must be able to send and receive e-mail and e-mail attachments using Microsoft Word and Excel file formats. If you use one of the recommended browsers, it will automatically take care of the setting the preferences that your computer will need for sending and receiving attachments. Note that you will also need an application suite that can read and write these file formats (such as MS Office, OpenOffice or iWork) installed on your computer. Google Drive also supports these document types.

Help with uploading assignments... https://community.canvaslms.com/docs/DOC-3128 (Links to an external site.)

 

CONFIDENTIALITY: 

We are all bound by confidentiality in this class. Possibly, students may want to discuss their company and its policies and procedures as applied to the class material. Perhaps the student will want to provide a paper on a company confidential project. In order to assure that we can have a free and open discussion, it is expected that each student will respect the confidentiality of any materials that classmates are willing to share.

 

ACADEMIC ACCOMMODATIONS: 

Florida Tech is committed to equal opportunity for persons w/disabilities in the participation of activities operated/sponsored by the university. Therefore, students w/documented disabilities are entitled to reasonable educational accommodations. The Office of Accessibility Resources (OAR) supports students by assisting w/accommodations, providing recommended interventions, and engaging in case management services. It is the student’s responsibility to make a request to OAR before any accommodations can be approved/implemented. Also, students w/approved accommodations are encouraged to speak w/the course instructor to discuss any arrangements and/or concerns relating to their accommodations for the class. Office of Accessibility  resources (OAR): Telephone: 321-674-8285 / Email: accessibilityresources@fit.edu  Website: https://www.fit.edu/accessibility-resources (Links to an external site.)

 

RECORDING DISCLOSURE:

Recording Disclosure (Privacy Waiver): This course may be recorded for use by students and/or faculty. Enrolled students are subject to having their images and voices recorded during the classroom presentations, remote access learning, online course discussions, and remote office hours/meetings. Course participants should have no expectation of privacy regarding their participation in this class.  Recordings may not be reproduced, shared with those not registered in the courses, or uploaded to other online environments.  All recordings will be deleted at the conclusion of the academic term.  

SPECIAL NOTE - SUMMER SESSION ONLY

THIS COURSE OFFERING IS AN 11-WEEK COURSE! THE SCHEDULE IS 15 SESSIONS (NOT WEEKS) AND COMPRESSED TO MATCH THE SHORTER SEMESTER.  THERE ARE TWO EXAMS AND ONE PAPER -- HOWEVER THERE IS NOTHING EXPLICITEDLY DUE FOR MEMORIAL DAY WEEKEND. :)  YOU CAN WORK AHEAD IN THE CLASS - JUST DON'T GET BEHIND!  PLEASE CONTACT ME IF YOU HAVE ANY QUESTIONS.  THANKS!

ANTICIPATED SESSION SUBJECT MATTER AND ASSIGNMENT SCHEDULE:

The schedule below is subject to change at the instructor’s discretion.  The assignments are based on the readings and provided supplemental materials.  Any assigned homework, papers or projects assigned should be completed and turned in by the provided due date(s).  For best results, Knowledge Checks should be completed after reviewing the assigned material. CHATS: NONE SCHEDULED AT THIS TIME; PROFESSOR AVAILABLE THRU EMAIL @ JDEMCHES@FIT.EDU

Below schedule is a general outline and may be subject to change.

SESSION

TOPIC

REFERENCE

1

Course Introduction

The Setting

 

FAR Parts 14, 15

Class Notes/PPT

2

 

Specifications/Contract Type Review

 

FAR Parts 11/16

Class Notes/PPT

 

3

Changes

Choose Paper Topic by Session 3

FAR Part 11

Chapter 1

Class Notes/PPT

4

Payment, Financing and Discharge

 

FAR Part 32

Class Notes/PPT

5

Intellectual Property

Fraud and Ethics

FAR Part 27

FAR Part 3

Class Notes/PPT

6

Warranty and Compliance

Government Property

FAR Part 46

FAR Part 45

Class Notes/PPT

7

Inspection, Acceptance and Warranties

FAR Part 32

Class Notes/PPT

Session 8

MID-TERM EXAM

Sessions 1-7 Exam

Sessions 1 thru 7

9

Differing Site Conditions

Equitable Adjustments

 

FAR Part 36

FAR Part 43

 

10

Delays,

Damages and Liquidated Damages

 

FAR Part 42

Chapters 2/3

Class Notes/PPT

11

Default Termination (T4D)

Termination for Convenience (T4C)

FAR Part 49

Chapters 2/3

Class Notes/PPT

12

 

Contract Interpretation

Disputes

 

FAR Part 33

Chapter 4

Class Notes/PPT

13

Claims and CO Decisions

Paper Due by Session 13

FAR Part 33

Class Notes/PPT

14

Contract Administration

ADR

Appeals

Federal Court Proceedings

 

FAR Part 33

Appendix A

Class Notes/PPT

Session 15 FINAL EXAM

Sessions 9-14 Exam

Sessions 9 thru 14

 

FINAL Information:

REPEATING THIS AGAIN: ACADEMIC HONESTY/Assignment Answers:

There is a problem with plagiarism in these types of courses - often, students use the lecture notes verbatim to answer the assignment questions instead of constructing one with their own thoughts and answers. You need to demonstrate that YOU understand the material and the concepts presented, thereby conveying a "graduate level" quality answer to the instructor in your written assignment.  It is fine to reference the lecture notes or source material, but this is not a class in how to use software to cut and paste the instructors notes or other source material to quickly get an assignment done with a "bare bones" answer. Bullets, while useful when listing items, are not quality answers. Complete, well thought out sentences are quality answers. Please remember that any instructor confirmed violation of the academic honesty policy (e.g., cheating and/or plagiarism) will result in (a minimum) award of a failing grade on the specific assignment and may result in an award of a failing overall course grade to that individual student. In other words, DO NOT COPY MY NOTES AS YOUR ANSWERS!!!! Doing this is plagiarism and in violation of the college's Academic Honestly Policy - so violations may result in receiving a ZERO for the assignment. Accordingly, please attach the following statement to work turned in for this course:

 

CERTIFICATION OF AUTHORSHIP: I certify that the student named above completed the assignment that is attached. Any assistance received in its preparation is fully acknowledged and disclosed in the paper. Any sources such as data, ideas or words, either quoted directly or paraphrased is also disclosed. Please print and sign below.

 

Student's Name/Signature: ____________________

 

You may type your name in or "sign and scan" a version to attach, which ever is easiest for you.

Academic Honesty Definitions & Procedures: Is located in the student handbook at https://www.fit.edu/policies/student-handbook/standards-and-policies/academic-honesty/ (Links to an external site.)