the presentation - National Contract Management

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Breakout Sessions # 115, 215, 315, 415, 515,
615
Dr. Mike Criss, CPCM
Jack Hott, CPCM, Fellow
Date: July 19 & 20 2010
1
1
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)
2
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)
3
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
4
Acquisition Planning
•
•
•
•
•
•
•
•
Description of Need
Conditions & Constraints
Establish Target Costs
Required Capabilities or Performance
Delivery or Performance Period
Trade-offs
Risk
Plan of Action
5
Contract Methods &
Methodology
•
•
•
•
•
•
•
Sealed Bidding
Negotiation
Simplified Acquisition
Federal Supply Schedules
E-Commerce
Master Agreements
Prequalification
6
Contract Type
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•
•
•
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•
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Cost-Reimbursement
Time & Materials
Fixed-Price
Incentives (Cost & Performance)
Awards (Objective & Subjective)
BOA & IDIQ
I hate hybrids and letter contracts!!!
7
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
8
Intellectual Property
•
•
•
•
•
•
•
•
•
Patent Rights
Copyrights
Trademark
Data Rights
Licensing
Royalties
Trade Secrets
Shop Rights
Nondisclosure Agreements
9
Pre-Award Competencies
•
•
•
•
•
Acquisition Planning
Market Research
Acquisition Plan
Contract Methods and Methodology
Contract Incentives
10
Pre-Award Competencies
•
•
•
•
•
Requirements Preparation
Publicity
Proposal Evaluation
Source Selection
Negotiations
11
Preparation of Requirements
•
•
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Complexity
Statement of Work
Contract Type and Method
Terms and Conditions
Evaluation Procedures
Proposal Preparation and Submission
Other Considerations
12
Preparation of Requirements
• Statement of Work (SOW)
• Types
– Design
– Performance
– Functional
13
Preparation of Requirements
• Elements of a SOW
– Objective
– Scope
– Description
– Performance Standards
– Reporting Requirements
– Staffing Requirements
– Resources to be Provided
– Reference Documents
14
Contract Type and Method
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•
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•
•
Fixed-Priced
Cost Reimbursable
Fee or Profit
Incentive Arrangements
Risk Sharing
15
Terms and Conditions
•
•
•
•
•
•
•
Risk Sharing
Reduce Ambiguity
Boiler Plate
Automated Systems
Pick List
Standard or General Terms
Special Terms or Conditions
16
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
17
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
18
Other Preparation
Considerations/Requirements
• Independent Technical Review
• Marketplace Comments
– Draft RFP
• Pre-Solicitation Notices and
Conferences
19
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
20
Publicity
• Commercial Organizations
– Trade Journals or other Media
– May Use Government Resources
– Maybe Contract Specific Language
21
Publicity
• Advertisement should remain open
long enough to be useful.
• Amendments and Changes can also
be advertised.
22
Proposal Evaluation
• Typical Evaluation Considerations
• Typical Evaluation Techniques
23
Typical Evaluation
Considerations
•
•
•
•
•
Price
Technical Capabilities
Management Capabilities
Past Performance
Relative Significance of Evaluation
Factors
24
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
25
Source Selection
• Organization and Process
• Organization
– Page 39
• Process
– Page 40
26
Negotiations
•
•
•
•
Preparation
Negotiation Team
Negotiation Objectives
Negotiation Guidelines
27
Negotiations
• Strategies and Tactics
– Cooperative
– Competitive
– Time Restricted
– Deadlock
28
Negotiations
• The Negotiation
– Fact–Finding
– Location
– General Introductions
– Agenda
– Use of Question and Answer
– Start Easy
29
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
30
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
31
Introduction
• What is Contract Management?
• A Process of Managing:
– Deliverables
– Deadlines
– Contract Terms
– Ensuring Customer Satisfaction
32
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
33
Introduction
• Contract Life Cycle
– Acquisition Planning
– Pre-Award
– Award
– Post-Award
34
Introduction
• Stakeholders and Organizational
Influences
– Many Stakeholders
• Principle and Secondary
– Internal and External Organizational
Influences
• Managers
• Marketplace
• Technology
35
Introduction
• Competencies
– Business
•
•
•
•
Marketing
Management
Operations
Accounting
– Contracting
• Ethics
• Laws and Regulations
• Standards of Conduct
36
Contract Award
Competencies
• Preparation of Contract Document
• Award
• Notification
37
Contract Award
Competencies
• Award
– Preparation of the Contract Document
– Contract File
– Post-Award Conference
• Notification
38
Award
• Preparation of the Contract Document
– Form
• UCF, UCC, Other
– Capture Agreement
– Reduce Ambiguities
– Attachments
39
Award
• Contract File
– Completeness
• Record of
–
–
–
–
–
Pre-Solicitation Activities
Solicitation
Evaluation
Award Process
Close Out Administration
– Include Appropriate Documents
– Proper Review of File
40
Award
• Post-Award Conference
– Consider Complexity of Contract
– Not a Meeting to Fix Problems
– Confirm Understanding and Begin
Performance
– Consider Attendees
41
Notification
• Prompt Notification of Successful
Offeror
• Notification to Unsuccessful Offerors
• Publicity Requirements
42
Specialized Knowledge
Competencies
•
•
•
•
•
R&D
A&E and Construction
IT
Service Contacts
Contract with State and Local
Governments
• Supply Chain Management
• International Contracting
43
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
44
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
45
Information Technology
• Risk due to pace of change
• Use of modular contracting
– Braking requirements into smaller
packages to minimize risk
46
Service Contracts
•
•
•
•
•
Special FAR Part
Walsh Healy
Service Contract Act
Wage Determinations
Performance Based Contracting
47
State and Local
Governments
• Varies by State and Municipality
• Can be closer to Commercial
• See page 62
48
Supply Chain Management
• Evolutionary Process
• Lower Total Installed Cost
– Reduce Number of Suppliers
– Negotiate Long-Term Contracts
– Rigorous Inspection of Supplier Base
– Continuous Improvement
49
International Contracting
• Buy America and Trade Agreements Act
– Sensitive to Foreign Content
•
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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
50
Post-award Competencies
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Contract Administration
Subcontract Administration
Changes and Modifications
Property
Transportation
Disputes
Termination
Contract Closeout
51
Contract Administration
• Depth of Post-Award Administration
Impacted by Many Factors
– Contract Type
– Value
– Financing
– Quality of SOW/Specifications
– Profitability
– Expectations of the Parties
52
Contract Administration
(con’t)
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Effective Communication
Post-Award Meeting
Period Status Review Meetings
Written Status Reports
Observation
Documentation
53
Subcontract Administration
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Risk Associated with Outsourcing
Client Oversight of Outsourcing
Win Strategy Impact on Outsourcing
The Privity Conundrum
Subcontractor Claims
Flowdown of Requirements & Clauses
54
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
55
Changes and Modifications
• Prompt Notification of Apparent
Noncompliance
• Early Identification of Changes
• Agreement of Authority to Affect
Change
• Agreement on Estimating Processes
• Written Concurrence
56
Property
•
•
•
•
Ownership
Accountability
Competitive Advantage
Property Administration
57
Transportation
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•
•
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Required Receipt Dates
Mode of Transportation
Transportation Related Services
Responsibility for Transportation
Charges
58
Disputes
•
•
•
•
•
Contractual Remedies
Informal Collaboration
Negotiation
Alternative Dispute Resolution (ADR)
Resolution Through Available Legal
Means
59
Termination
•
•
•
•
Termination for Default (T4D)
Termination for Convenience (T4C)
Termination by Mutual Consent
No-Cost Termination/Cancellation
60
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
61
Unique Commercial
Contracting Competencies
• Agency
• Authority
• Uniform Commercial Code
62
Unique federal Contracting
Competencies
•
•
•
•
Statues and Regulations
Role of FAR
Ratification
Unique Practices
– Pre-Award
– Award
– Post-Award
• Mistakes and Protests
• Socioeconomic Programs
63
Anatomy of a MultipleChoice 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
64
Test Time!
• Discussion?
• Questions?
65
66

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