1 1 Click to add the title of your presentation Breakout Sessions # 115, 215, 315, 415, 515, 615 Dr. Mike Criss, CPCM Jack Hott, CPCM, Fellow Date: July.

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Click to add the title of your presentation

Breakout Sessions # 115, 215, 315, 415, 515, 615

Dr. Mike Criss, CPCM

Jack Hott, CPCM, Fellow

Date: July 19 & 20 2010

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Monday Schedule

• Session 115 (Hott)– Acquisition Strategy & Pre-Award

Competencies (CMBOK chap 3 & 4)• Session 215 (Criss)

– CM Introduction & CMBOK Overview (CMBOK chap 1 & 2)

• Session 315 (Hott)– Contract Award Competencies (CMBOK

chap 5)

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Tuesday Schedule• Session 415 (Criss)

– Specialized Knowledge Competencies (CMBOK chap 7)

• Session 515 (Hott)– Post-Award Competencies (CMBOK chap

6)• Session 615 (Criss)

– Unique Commercial and Federal Contracting & Exam Discussion (CMBOK chap 8-10)

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Acquisition Strategy Competencies• Acquisition Planning• Market Research• Contract Methods and Methodology• Contract Types• Contract Incentives• Other Types of Contracts, Agreements,

and Arrangements• Contract Financing• Intellectual Property

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Acquisition Planning

• Description of Need• Conditions & Constraints• Establish Target Costs• Required Capabilities or Performance• Delivery or Performance Period• Trade-offs• Risk• Plan of Action

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Contract Methods & Methodology

• Sealed Bidding• Negotiation• Simplified Acquisition• Federal Supply Schedules• E-Commerce• Master Agreements• Prequalification

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Contract Type

• Cost-Reimbursement• Time & Materials• Fixed-Price• Incentives (Cost & Performance)• Awards (Objective & Subjective)• BOA & IDIQ• I hate hybrids and letter contracts!!!

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Contract Financing

• Commercial– Loans, Line of Credit, Advance Funding,

Venture Capital• Government

– Progress Payments based on incurred cost, Construction Progress Payments, Milestone, Performance-Based Payments, Advances, and Loan Guarantees

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Intellectual Property

• Patent Rights• Copyrights• Trademark• Data Rights• Licensing• Royalties• Trade Secrets• Shop Rights• Nondisclosure Agreements

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Pre-Award Competencies

• Acquisition Planning• Market Research• Acquisition Plan• Contract Methods and Methodology• Contract Incentives

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Pre-Award Competencies

• Requirements Preparation• Publicity• Proposal Evaluation• Source Selection• Negotiations

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Preparation of Requirements

• Complexity• Statement of Work• Contract Type and Method• Terms and Conditions• Evaluation Procedures• Proposal Preparation and Submission• Other Considerations

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Preparation of Requirements

• Statement of Work (SOW)• Types

– Design– Performance– Functional

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Preparation of Requirements

• Elements of a SOW– Objective– Scope– Description– Performance Standards– Reporting Requirements– Staffing Requirements– Resources to be Provided– Reference Documents

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Contract Type and Method

• Fixed-Priced• Cost Reimbursable• Fee or Profit• Incentive Arrangements• Risk Sharing

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Terms and Conditions

• Risk Sharing• Reduce Ambiguity• Boiler Plate• Automated Systems• Pick List• Standard or General Terms• Special Terms or Conditions

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Evaluation Procedures

• Clearly State Evaluation Procedures• Sealed Bidding (IFB)• Negotiated (RFP)• Too Few vs Too Many Factors• Independent Factors• Relative Importance• Understanding by Offerors• Follow Plan

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Instructions for Proposal Preparation and Submission

• To Ensure Uniform Submission are Received

• Specific vs General• Areas to Consider

– Page Count and Format– Organization of Proposal– Number of Copies– Due Date

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Other Preparation Considerations/Requirements

• Independent Technical Review• Marketplace Comments

– Draft RFP• Pre-Solicitation Notices and

Conferences

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Publicity

• Government Agencies– Over Certain Dollar Thresholds

• Posted on Website– FEDBIZOPS– Doing Business With

• Exceptions– Certain Government-Wide Contracts– Mandatory Sources– Small Business Programs

– Under Thresholds• Adequate Number of Sources• Or Informal Methods

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Publicity

• Commercial Organizations– Trade Journals or other Media– May Use Government Resources– Maybe Contract Specific Language

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Publicity

• Advertisement should remain open long enough to be useful.

• Amendments and Changes can also be advertised.

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Proposal Evaluation

• Typical Evaluation Considerations• Typical Evaluation Techniques

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Typical Evaluation Considerations

• Price• Technical Capabilities• Management Capabilities• Past Performance• Relative Significance of Evaluation

Factors

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Typical Evaluation Techniques• Separate Evaluation of Technical Aspects• Compliance Matrix• Independent Evaluation• Uniform Rating Scale

– Numeric Scales– Color Schemes– Adjectival Scales

• Compare Results and Reach Consensus

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Source Selection

• Organization and Process• Organization

– Page 39• Process

– Page 40

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Negotiations

• Preparation• Negotiation Team• Negotiation Objectives• Negotiation Guidelines

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Negotiations

• Strategies and Tactics– Cooperative– Competitive– Time Restricted– Deadlock

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Negotiations

• The Negotiation– Fact–Finding– Location– General Introductions– Agenda– Use of Question and Answer– Start Easy

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Negotiations

• Agreement– Negotiation Document

• Description of Supplies or Services• Solicitation or Proposal Number• Parties Involved• History• Negotiations Objectives• Negotiation Summary

– Concessions– Major Items discussed and outcomes– Use and reliance on data– Copy of agreed-to final position

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Introduction

• What is a Contract– Offer and Acceptance– Legal Purpose– Competent Parties– Adequate Consideration– Requirements for Writing or Form– Rescission– Bilateral vs. Unilateral– Express vs. Implied

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Introduction

• What is Contract Management?• A Process of Managing:

– Deliverables– Deadlines– Contract Terms– Ensuring Customer Satisfaction

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Introduction

• Ethics• Professional Certification

– Bachelor’s Degree– Five Years Experience– 120 Hours of Continuing Education– Pass Examination

• Must have approved application on file to sit for the exam

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Introduction

• Contract Life Cycle– Acquisition Planning– Pre-Award– Award– Post-Award

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Introduction

• Stakeholders and Organizational Influences – Many Stakeholders

• Principle and Secondary

– Internal and External Organizational Influences• Managers• Marketplace• Technology

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Introduction

• Competencies– Business

• Marketing• Management• Operations• Accounting

– Contracting• Ethics• Laws and Regulations• Standards of Conduct

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Contract Award Competencies

• Preparation of Contract Document• Award• Notification

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Contract Award Competencies

• Award– Preparation of the Contract Document– Contract File– Post-Award Conference

• Notification

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Award

• Preparation of the Contract Document– Form

• UCF, UCC, Other

– Capture Agreement– Reduce Ambiguities– Attachments

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Award

• Contract File– Completeness

• Record of– Pre-Solicitation Activities– Solicitation– Evaluation– Award Process– Close Out Administration

– Include Appropriate Documents– Proper Review of File

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Award

• Post-Award Conference– Consider Complexity of Contract– Not a Meeting to Fix Problems– Confirm Understanding and Begin

Performance– Consider Attendees

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Notification

• Prompt Notification of Successful Offeror

• Notification to Unsuccessful Offerors• Publicity Requirements

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Specialized Knowledge Competencies• R&D• A&E and Construction• IT• Service Contacts• Contract with State and Local

Governments• Supply Chain Management• International Contracting

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Research and Development

• Future looking and uncertain requirements

• Difficult to define scope see page 58• Widely Publicized• Not Suited for FFP• Solicitations Given only to Qualified

Firms• Evaluation Criteria see page 59• Awarded on the Basis of Technical

Approach or Innovation

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A&E and Construction

• A&E– Professional Services– Modified Evaluation Approach– Selected Based on Most Qualified

• Construction– Uses Sealed Bidding and Negotiation– Special FAR Part and takes Precedence

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Information Technology

• Risk due to pace of change• Use of modular contracting

– Braking requirements into smaller packages to minimize risk

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Service Contracts

• Special FAR Part• Walsh Healy• Service Contract Act• Wage Determinations• Performance Based Contracting

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State and Local Governments

• Varies by State and Municipality• Can be closer to Commercial• See page 62

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Supply Chain Management

• Evolutionary Process• Lower Total Installed Cost

– Reduce Number of Suppliers– Negotiate Long-Term Contracts– Rigorous Inspection of Supplier Base– Continuous Improvement

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International Contracting

• Buy America and Trade Agreements Act– Sensitive to Foreign Content

• Language• Location• Different Meaning and Commercial Terms• Currency Differences• More Third Party Involvement• Social Customs• Different Processes• Legal Processes• Tax Implications• Export Issues and Political Climate

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Post-award Competencies

• Contract Administration• Subcontract Administration• Changes and Modifications• Property• Transportation• Disputes• Termination• Contract Closeout

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Contract Administration

• Depth of Post-Award Administration Impacted by Many Factors– Contract Type– Value– Financing– Quality of SOW/Specifications– Profitability– Expectations of the Parties

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Contract Administration (con’t)

• Effective Communication• Post-Award Meeting• Period Status Review Meetings• Written Status Reports• Observation• Documentation

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Subcontract Administration

• Risk Associated with Outsourcing• Client Oversight of Outsourcing• Win Strategy Impact on Outsourcing• The Privity Conundrum• Subcontractor Claims• Flowdown of Requirements & Clauses

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Changes and Modifications

• Directed – Who can direct– What can be directed

• Constructive– Action or inaction that results in a change not through

contract change provisions/clauses• Cardinal

– Out of Scope– Breach of Contract

• Force Majeure– Acts of God– Excusable Delay

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Changes and Modifications

• Prompt Notification of Apparent Noncompliance

• Early Identification of Changes• Agreement of Authority to Affect

Change• Agreement on Estimating Processes• Written Concurrence

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Property

• Ownership• Accountability• Competitive Advantage• Property Administration

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Transportation

• Required Receipt Dates• Mode of Transportation• Transportation Related Services• Responsibility for Transportation

Charges

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Disputes

• Contractual Remedies• Informal Collaboration• Negotiation• Alternative Dispute Resolution (ADR)• Resolution Through Available Legal

Means

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Termination

• Termination for Default (T4D)• Termination for Convenience (T4C)• Termination by Mutual Consent• No-Cost Termination/Cancellation

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Contract Closeout

• Required goods or services have been received and accepted (Physical Completion)

• Property disposition• Classified data disposition• Outstanding claims and issues settled• Invoices received and paid• Final Invoice and release• Formal notice of administrative

closeout executed• Excess funds deobligated

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Unique Commercial Contracting Competencies• Agency• Authority• Uniform Commercial Code

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Unique federal Contracting Competencies• Statues and Regulations• Role of FAR• Ratification• Unique Practices

– Pre-Award– Award– Post-Award

• Mistakes and Protests• Socioeconomic Programs

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Anatomy of a Multiple-Choice Question

• Stem– Read the FULL statement to understand

what the question is asking• Key

– The correct answer• Distracters

– Plausible answers to those who cannot ascertain the correct answer

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Test Time!

• Discussion?• Questions?

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