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Instructor Q & A

Background

James Nagle's knowledge of contracting is formidable. As an ESI contract management instructor, he has taught all aspects of contracting from commercial contracting, government contract law, managing subcontractors to FAR rules. Likewise, his expertise in federal contracting and construction law makes him a much sought-out expert among the contracting community. He has served as an expert witness in court cases and has authored 12 books and 75 articles on subjects as diverse as protests, changes, terminations, claims and the Federal Acquisition Regulation (FAR).

As the former chief of the Logistics and Contract Law Branch of the U.S. Department of the Army Staff and trial team chief in the U.S. Army's Contract Appeals Division, James has extensive experience in supply and services, international contracting and major system and construction contracts. He has also mediated disputes between the government and contractors and contractors and subcontractors.

James received a bachelor's degree from The Georgetown University School of Foreign Service, a juris doctorate from Rutgers University and a master of law and a doctorate of juridical science in government contracts from The George Washington University National Law Center.

ESI spoke with James to learn more about his work as an ESI contract management instructor.

1. What's your approach to teaching and what are some of the challenges you face?

"I teach government contracting from the perspective of someone who has spent 20 years with the government and who now often represents contractors in the private sector. In the classroom, I try to give a fair appraisal of what the government contracting rules are without injecting a pro-government or pro-contractor bias. This non-biased approach to teaching gives students a better understanding and deeper appreciation of how both government and private sector contracting parties might approach a situation.

For me, the biggest teaching challenge is keeping up with all the new statutes, regulations and cases. I'm often telling classes that within the prior week, a new case, statute or regulation has come out which is going to change some aspect of the government-contracting environment."

2. How do you keep students involved and interested in the topic throughout the course?

"Most students are vitally interested in the particular subject matter and will really keep you on your toes. I try to involve everybody by using students in examples throughout the course. Using students in examples personalizes the process and helps people to understand and appreciate the situation. Also, because most of the courses that I teach are multi-day courses, I try to reinforce concepts by cross-referencing. For example, I am constantly saying, 'Remember that concept we talked about yesterday morning? Well, this is an example of how it works or how it could apply.'

People don't always understand the concept the first time they hear it and may be too hesitant to ask questions. But when you reference that concept later in the course from a slightly different angle, you can see their expressions change as they grasp the concept and apply it in different situations."

3. When you are teaching a contract management class, what are the principles you hope your students will take away from the course?

"I hope they recognize that a one-sided contract is not a good contract. Often, each side strives to get the best possible contract by shifting all the risks to the other side. That strategy discourages competition, drives up prices and is not conducive to a continuing contracting relationship."

4. What are some of the common contract management mistakes you see?

"The biggest contracting mistake I see is failure to read the contract. Many times people do not read the entire contract. They only read those portions that interest them, sign the contract and are later shocked by what is or isn't in there. Rather than admitting their mistake, the contracting parties will try to bluster their way through contract administration and wind up in court."

5.What are some concepts of contract management that seem more difficult for managers to adhere to?

"It is very easy for government contracting officers to push the lowest possible profit rate on a fixed-price contractor and miss the long-range picture. This is not what the FAR calls for and is not in the best interests of the country. The FAR and its predecessors have always intended contractors to receive a reasonable profit so that industry will be able to modernize and the industrial base remains healthy.

Also, many private contract managers don't recognize that once they have signed the contract, they must comply with all of its requirements, even though in hindsight they think a particular clause is 'stupid.' They should have priced the contract properly to cover the risk that such clauses impose."

6.What are some of the major trends in contract management?

"The electronic revolution is upon us and is driving what people buy and how they buy it. Modern advances in technology shrink the shelf life of many items and that has forced the contracting process to change to become more adaptive, responsive and competitive. Laws such as the Federal Acquisition Streamlining Act have helped the government contracting community keep pace with this rapid market change.

7.What questions do you hear most from students?

"My students force me to be specific and avoid generalizations. My students want specifics on FAR requirements, legal precedents and laws affecting them. Many students have said, after I point out a FAR provision or a statutory cite, that the information I give them in class is well worth the price of the course because it will save them hours and, very often, thousands of dollars in research."

8. What is the value of earning a masters certificate in today's job market?

"The job market is more competitive than ever. Just as in procurement, we must provide best value as job candidates. We must be well trained and keep our skills up-to-date via the ESI and GW Master's Certificate, including the Master's Certificate in Government Contracting, programs."

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