Government Contracting: Workshop for Engineers, Project Managers, Technical Representatives, Procurement Specialists, Contract Administrators

Multiple Award Task Order/Delivery Order Contracts; Federal Acquisition Regulations key updates;  DoD Technical Data Rights Rules; Performance- Based Acquisition;  FAR PART 15, Contracting by Negotiation; and Key Clauses for Contract Administration.

This three-day course focuses on the fundamentals of government contracting tailored primarily to the needs of government and industry engineers, technical representatives, project managers, and procurement specialists, working in an austere budget and changing environment. Members of this group are often unwittingly the source of contract grief. Many engineers and other members of the acquisition team may not be sufficiently schooled in the mysteries of government contracting—the rights, the obligations, the pitfalls involved in the procurement process. As a result, engineers and others frequently talk too much, promise too much and strive to produce products far beyond contract requirements—all without considering that the extra costs and time spent in such efforts may not be recoverable or worthwhile. The course incorporates the required process for market research; use of relevant Internet accessible data bases; the DoD data rights rules; recent Acquisition Reform Acts; GAO Bid Protest Rules; selected updates to the Federal Acquisition Regulation (FAR) to include Performance-Based Service Acquisition; extensive study of Indefinite Delivery/Indefinite Quantity (ID/IQ) Contracting; FAR PART 15, Contracting by Negotiation; and the key clauses essential  for contract administration.

OBJECTIVE
This course concentrates on the challenge that the acquisition team (procurement specialists, engineers, project managers, logisticians, administrators, and contractors (who provide the products and services) are likely to encounter. Pre-award matters as well as post-award contract administration are the focus using GAO and ASBCA case studies. The student will gain a solid understanding of government source selection procedures and the various pitfalls that should be avoided or managed properly, leading to sound business judgment. The student will not become a government contract specialist; however, he will be able to combine his technical or business skills with enough acquisition knowledge to more likely assure practical success. The course covers the debriefing process for winners and unsuccessful offerors; provides a detailed explanation of the various contract types; and uses case studies to emphasize how "best value" acquisitions and sound contract administration are conducted. Task Order/Delivery Order ID/IQ contracting is thoroughly examined. Enough student exercises are undertaken to discern the differences between cost and price analysis. Students will gain insights which will allow them to better prepare draft solicitations for their agencies or firms. Likewise better technical, management, past performance, and cost proposals in response to Request For Proposals should be able to be prepared by an industry  student.

WHO SHOULD ATTEND
The course is oriented to industry and government engineers and project managers, but is also beneficial to contracts administrators.

COURSE OUTLINE: Government Contracting: A Workshop for Engineers and Project Managers

DAY ONE

1. INTRODUCTION

• Acquisition Cycle
• Authority of Agents (COTR, ACO, QA)
• Contract Basics
• Comparison to Commercial  Contracts
• Teaming and Joint Ventures( Business Associations)
• Electronic Commerce

 

2. MARKETING RESEARCH AND PROCUREMENT PROCESSES

 

• Market research that will stand scrutiny
• What is full & Open Competition?
• Seven Exceptions to full & open competition
• Socio-Economic Contracting
• Responsive Contracting (emergencies, contingencies)                     
• Procurement Source Selection Processes
• Micro-Purchase Threshold
• Simplified Acquisition
• GSA Federal Schedules Programs(MAS); GWAC’s)
• Sealed Bidding
• Competitive Proposals, Quotations
• Combined synopsis, solicitation—commercial products, services

 

3. TYPES OF CONTRACTS (FAR Part 16)

 

• Fixed-Price w/wo Economic Price Adjustment
• Fixed Price Incentive w/wo award term
• Cost-Reimbursement w/wo incentive fees, award fees, award terms
• Indefinite Delivery/Indefinite Quantity (Task-Delivery Order)
• Time-and-Materials
• Labor-Hour
• Letter Contract

 

4. SEALED BIDS

 

• Uniform Contract Format
• Invitation for Bids (IFB) Exercises
• Socio-Economic Certifications and Compliance
• Data Item Descriptions (DID’s)
• Electronic Bidding – Reverse Auctions
• Public Bid Opening on Web
• Responsiveness Issues
• Price Analysis
• Past Performance Evaluation
• Pre-Award Surveys
• Responsibility Determination
• Making the Award
• Agency and GAO Protests
• Mistakes

DAY TWO

5. SOURCE SELECTION BY COMPETITIVE PROPOSALS

(FAR Part 15)

 

• Source Selection Plan
  • Best Value Continuum(Trade-off /Lowest Price Technically Acceptable)
  • Factors, Subfactors(Cost, Past Perform., Small Bus. Plan, Technical, etc.)
  • Weighting of Factors
  • Restricted or unrestricted
  • Multiple awards
  • Type of Contract(s)
  • Evaluation Team, Source Selection Authority
• Solicitation Uniform Contract Format
• Exchanges
  • Request for Information(RFI)
  • Draft Request for Proposals (DRFP)
• Release of Final Request for Proposals (RFP)
• Receipt of Initial Proposals from Offerors
• Clarifications
• Evaluation of each Initial Proposal (includes cost analysis)
• Award on Initial Proposals no discussions
• Establish Competitive Range
• Discussions and Revisions
• Drop highly rated proposals, if any, for efficiency
• Final Proposal Revisions
• Certification of Cost or Pricing Data, if no waiver
• Complete Evaluations
• Select best value proposal
• Conduct Responsibility reviews
• Notice of Award
• Debriefing- Conduct debriefs of loser(s) timely requested
• Bid Protests (Agency, U.S. General Accountability Office)

6. ESTIMATING AND COST ANALYSIS

 

• Cost/Price Proposal Format (Table 15-2, Cost or Pricing Data Required)
• Cost principles(Reasonableness, Allocability, Allowability)
• Justifying Cost Objective & Fee/Profit
• Truth In negotiations Act (TINA)
• Certification of Cost and Pricing Data)                 
• Information Other Than Cost & Pricing Data

DAY THREE

 

7. INTELLECTUAL PROPERTY

 

• Patents
  • Licenses
  • Use, Royalty, Indemnity
• Technical Data
  • Restricted, unrestricted, limited rights
  • Rights in Technical Data-Noncommercial Items
  • Rights  in Noncommercial Computer Software
  • Rights Noncommercial computer software documentation.
  • Rights in Technical Data- Commercial Items
  • Proprietary Markings
• Copyrights

8. CONTRACT ADMINISTRATION

• Reporting: Cost Schedule/Control  Systems; Earned Value
  • Management System(EVMS)
• Quality Assurance
  • Inspection  and Acceptance
  • Warranty, if applicable
• Payments
• Changes(fixed price, services)
  • Actual
  • Constructive
• Stop Work
  • Actual
  • Constructive
• Limitation of Costs
• Disputes
  • Default(non-delivery, unsatisfactory performance, abandonment, etc.)
  • Termination for Convenience

The Course Handout will include The Government Contracts Reference Book. Instruction will be conducted with the use of diagrams and tables contained therein plus use of the Student Case Workbook.

Lecturer
Mr. Bill C. Giallourakis
Course Coordinator and Lecturer

Mr. Bill C. Giallourakis serves as consulting counsel and patent counsel to high tech supply, service and construction firms. He served as the R&D systems officer for the HAWK Missile systems in the Pentagon, as a project manager for SINCGARS-V tactical radio testing, and as director of the testing of the Army’s JINTACCS program. He has first hand experience in handling labor disputes; in defending firms accused of fraud; and in the litigation of engineering and construction claims before the various Boards and Courts. He taught electrical engineering at West Point and has taught as an adjunct professor at the business school of Monmouth University. He holds a BS, MSEE, MBA and a Juris Doctorate.

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COURSE LOCATION:  4400 Fair Lakes Court, Fairfax, VA 22033

DIRECTIONS:  Directions to AFCEA Headquarters

HOURS OF COURSE:  8:30am – 4:30pm

DRESS CODE:  Business Casual

MEALS:  No meals are supplied by AFCEA.  For a listing of local restaurants please see Restaurants Near AFCEA .

PARKING:  AFCEA has parking available on site.  Please do not park in any space that has a reserved sign.  The auditorium entrance is located on the right end of the building.  AFCEA personnel will be available for check-in beginning at 7:30am

AIRPORT & HOTELS:  This information is located at AFCEA Travel Info.  Dulles is the closest airport and there are several local hotels that provide our course attendees with special rates. 

CANCELLATION POLICY

Please cancel by email to pdc@afcea.org

For full refund, AFCEA must receive cancellation by 5:00PM EST seven days prior to the start of class.

For 50% refund, AFCEA must receive cancellation between 5:00PM EST seven days prior to the start of class and 5:00PM EST the day prior to the start of class.

There will be NO REFUNDS for “no shows” or cancellations received after 5:00PM EST the day prior to the start of class.