Note: Instructor: Bill C. Giallourakis, Esq. -- Corporate and Patent Attorney
This three-day course focuses on the fundamentals of government contracting tailored primarily to the needs of acquisition managers, government and industry engineers, technical representatives, project managers, and procurement specialists. These professional are now working in an austere budget and changing environment seeking efficiency and savings not only on buying products but, especially, to buying “services”(e.g. Advisory and Assistance Services to Information Technology(IT) in Software as a service-SAAS; Infrastructure as a service(IAAS)). 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 fundamentals 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 to include the transition to the System for Acquisition Management (SAM); 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; the OMB,OFFP guidance on service contracting related to what “fundamentally governmental functions” are not to be outsourced; and the key clauses essential for contract administration.
The objective of this course is for
students to gain insights which will help them to
draft better requests for proposal/information or to
draft a proposal responding to a government request.
The course focuses on the challenges the acquisition
team is likely to encounter and the various pitfalls that
should be avoided. The course also covers the
government source selection procedures, the
debriefing process for winners and unsuccessful
offers, and various types of contracts. Case studies
include both pre-award matters and post-award
contract administration, including how “best value”
acquisitions and sound contract administration
are conducted. Task Order/Delivery Order ID/IQ
contracting is also examined. Course material includes
the instructor’s book, Contracting with Uncle Sam.
WHO SHOULD ATTEND
The course is oriented to Government and Industry acquisition planners, acquisition managers, contracting officers, contract specialists, engineers and program/project managers, and is also beneficial to contract administrators.
- Acquisition Life Cycle Current Trends in Contracting(Includes recent changes to FAR based on Legislation)
- Performance Based Contracting
2. MARKETING RESEARCH AND PROCUREMENT PROCESSES
- Market Research that will stand scrutiny Writing Statements of Work (SOW, PWS, SOO, QASP) Sole Source J&A, Seven Exceptions to full & open competition Procurement Source Selection Processes for Commercial, Non-Commercial Items and Services:
- Simplified Acquisition Sealed Bidding Contracting by Negotiation using Competitive Proposals, Quotations Commercial Item Acquisitions GSA Federal Schedules Programs(MAS); GWAC’s)
- R&D Broad Agency Announcements (BAA)
3. TYPES OF CONTRACTS
- Authority of Agents (COR, ACO, QA) Elements of Enforceable Contract(Uniform Contract Format) Fixed-Price w/wo Economic Price Adjustment Fixed Price Incentive Cost-Reimbursement w/wo incentive fees Award Fee and Award Term Plans Indefinite Delivery/Indefinite Quantity (Task-Delivery Order)
- Time-and-Materials, Labor-Hour
4. SOCIO-ECONOMIC CONTRACTING
- Small Business Preferences (SB, 8a, Women, Veteran, SDVOSB, HUBZone, et.al.) Small Business Subcontracting Plan Contractor Team Arrangements (CTA)
- Contingency Contracting (emergencies, contingencies, innovative, Disaster Response Contractors)
5. SOURCE SELECTION BY SEALED BIDS
- Invitation for Bids (IFB) Process Electronic Bidding – Reverse Auctions Responsiveness Issues Bid Evaluation(Price Analysis, Past Performance Evaluation) Responsibility Determination (Pre-Award Survey, Past Performance Information Retrieval System(PPIRS) and Federal Awardee Performance and Integrity System(FAPIIS)
- Mistakes, Correction of Bids
6. SOURCE SELECTION BY COMPETITIVE PROPOSALS
- Source Selection Process(Contracting By Negotiation-FAR Part 15) Best Value Continuum(Trade-off /Lowest Price Technically Acceptable) Evaluation Factors, Subfactors (Technical, Management, Cost, Past Performance, Small Business, etc.) Weighting Scheme Solicitation drafting, Uniform Contract Format(SF-33) Exchanges (Request for Information(RFI), Draft Request for Proposals (DRFP) Initial Proposals with Oral Presentations Clarifications for Evaluation, Award on Initial Proposals Communications to establish Competitive Range Negotiations: Discussions and Revisions Notice of Award and Debriefings
- Protests (Agency, U.S. General Accountability Office)
7. COST ESTIMATING AND ACCOUNTING
- Cost principles (Reasonableness, Allocability, Allowability)
- Cost or Pricing Data for Evaluation(Requirements) Truth In Negotiations Act (TINA) (Certification of Cost and Pricing Data) Price Analysis, Cost Analysis, Cost Realism Analysis Justifying Cost Objective
- Profit (Statutory limits, Unstructured, Structured)
8. INTELLECTUAL PROPERTY
- Patents Technical Data Licenses (Restricted, unlimited, limited rights, Government Purpose Rights(GPR)
9. CONTRACT MANAGEMENT TOOLS, CLAUSES
- Quality Assurance (Inspection and Acceptance, Warranty) Defense Contracts Management Agency and DCAA Audits Contract Modifications, Equitable Adjustments(Changes Clauses) Contract Payments and Financing
- Delays, Stop Work Order, Delay of Work, Suspension of Work Clauses
- Terminations (Convenience, Default)
- Disputes, Claims Processing
- Procurement Integrity Act for Government Employees Contractors’ Ethics And Compliance Program Requirements
- Organizational Conflicts of Interest (OCI, Mitigation Plans) to include Personal Conflicts of Interest(PCI)
Students must bring computer laptops with power cords to class. Each student will receive from AFCEA the hard bound text, “Contracting with Uncle Sam: The Essential Guide for Federal Buyers and Sellers”, with drawings and charts included therein; and a USB thumb drive which will have in its memory among other digitized documents:
- A complete set of the Power Point Presentations used in the classroom; Selected issued agency solicitations and awarded contracts used for instruction; and
- The digitized Student Case Study Workbook that is correlated with the printed text book’s chapters containing a compilation of actual GAO Bid Protest and ASBCA/Federal Court Claims Decisions.
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.