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CPCM Fast Track. Breakout Session # 1301 through 1304 Name: Mike Criss, Fellow & Jack Hott, CPCM, Fellow Date: April 6 & 7, 2009 Time: All 4 sessions. 1. Introduction. What is a Contract Offer and Acceptance Legal Purpose Competent Parties Adequate Consideration

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CPCM Fast Track

Breakout Session # 1301 through 1304

Name: Mike Criss, Fellow & Jack Hott, CPCM, Fellow

Date: April 6 & 7, 2009

Time: All 4 sessions

1


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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

2


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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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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 and 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 advertized.


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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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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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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 Competition)

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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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 contacting

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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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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