ptac -_you_won_a_contract...now_what


Published on

Published in: Education
  • Be the first to comment

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide
  • Some sections of the FAR that are a must read before you begin work for the federal government. You don’t have to read this cover to cover. No one does. You do need to be knowledgeable of the rules of the road though before you start to work. Many of the contract clauses in a federal government contract are in listed by clause name only and are not in full text. Those clauses are in effect and it’s the contractor job to abide by them.
  • You’ll receive a summary of the rationale for award; eval of significant weaknesses/deficiencies in your prop; overall ranking of all bidders; overall eval price and tech rating and past performance info. Not getting point by point comparisons; trade secrets; confidential financial info such as indirect rates, profit, cost breakdowns
  • Cost breakdowns, profit or indirect rates (overhead & G&A), manufacturing processes and techniques
  • This is a great opportunity to ask specific questions about your proposal so the next one will be even better and will blow the competition away.
  • Contracting officer has authority to authorize changes to the contract, add or deduct funding, issue modifications, etc. This is the person you want to work with when there are issues or problems that will affect workload, payment, proposed changes to the contract.
  • Contracting officer has authority to authorize changes to the contract, add or deduct funding, issue modifications, etc. This is the person you want to work with when there are issues or problems that will affect workload, payment, proposed changes to the contract.
  • You must constantly keep in mind who has the authority to make changes to the contract.
  • Everyone working on the contract must know the technical proposal and the contract. To say such things as “I didn’t work on the proposal or I’ve never seen the proposal” is inexcusable. Once the contract is awarded, the customer expects the contractor to perform everything stated in their proposal and in the contract. Also, have you slowly taken on more work, that’s not in the contract?
  • Added work is a judgment call. You’ll know it when you see it. Car rental story.
  • FAR 52.246-5 is the one for Cost reimbursement contracts. Fee reduced on cost-reimbursable ones.
  • Government has substantial rights to monitor performance and to take appropriate steps when performance is unsatisfactory. These are just a few. Should never reach this point.
  • Make sure the I’s are dotted and the t’s are crossed and yes, that interest penalty will automatically be paid. If not, contact CO.
  • ptac -_you_won_a_contract...now_what

    1. 1. YOU’VE WON A CONTRACT,……NOW WHAT<br />Dennis casey<br />Colorado PTAC Procurement Counselor<br />
    2. 2. Overview<br />Understanding the Contract<br />Post Award Debrief<br />People to Know – The Team<br />How to Proceed<br />Common Pitfalls<br />Contract Remedies<br />Getting Paid<br />
    3. 3. Learn the Language<br />Quando mi sono trasferita a Italia ho dovuto imparare la lingua<br />
    4. 4. The Rule Book<br />Federal Acquisition Regulation (FAR)<br />Provides policies and procedures for acquisitions by executive agencies of the federal government (<br />Based on United States Code, laws written by Congress<br />Many supplements written by individual agencies<br />States have their own purchasing rules<br />
    5. 5. Uniform Contract Format (UCF)<br />Standardized format for structuring Government solicitations and contracts.  <br />The UCF is a table of contents for organizing contractual documents.<br />You can open up and read almost any Government contract and it will be structured the same way as other Government contracts.  <br />Once you understand this format, reading contracts is much easier.<br />
    6. 6. Uniform Contract Format (UCF)<br />PART I – SCHEDULE<br />Section A.  Solicitation/Contract Form<br />A cover sheet that contains basic information such as the issuing office, address and contract number.<br />Section B.  Supplies or Services and Prices/Cost<br />A brief description of the contract deliverable (item, quantity, etc.), each covered by a contract line-item number.<br />Section C.  Description/Specifications/Work Statement<br />Actual tasks to be completed for the contract, including the Statement of Work (SOW) or Statement of Objectives (SOO)<br />Section D.  Packaging and Marking<br />Special packaging/marking requirements such as preservation, protection and bar coding.<br />
    7. 7. Uniform Contract Format (UCF)<br />Section E.  Inspection and Acceptance<br />Place of inspection, who will inspect and acceptance criteria.<br />Section F.  Deliveries or Performance<br />The time, place, method of delivery or performance<br />Section G. Contract Administration Data<br />Accounting and paying office information<br />Section H.  Special Contract Requirements<br />Requirements unique to the program and the contract such as security clearances, warranties, options, incentives, government-furnished equipment, etc..<br />
    8. 8. Uniform Contract Format (UCF)<br />PART II – CONTRACT CLAUSES<br />Section I.  Contact Clauses<br />Commonly referred to as "boilerplate" and not to be overlooked.  <br />Includes standard clauses of considerable power defining rights and responsibilities of contracting parties.  <br />It also contains clauses required by procurement regulations or law which pertains to this procurement<br />
    9. 9. Uniform Contract Format (UCF)<br />PART III – LIST OF COMMENTS, EXHIBITS AND OTHER ATTACHMENTS<br />Section J.  List of Attachments<br />A list of all attached forms and specifications, including:<br />Security Form <br />Data Orders <br />CDRL <br />SOW <br />Specifications <br />Financial Data <br />
    10. 10. How Good Was Our Winning Proposal?<br />The Post-Award Debriefing <br />Done in accordance with FAR 15.506<br />Provide a written request to the Contracting Officer within 3 days of award<br />Debriefing within 5 days of receipt of request <br />Conducted in person, via phone or e-mail<br />
    11. 11. Post-award Debriefing<br />What you’re entitled to be told <br />Significant weaknesses or deficiencies <br />Overall evaluated price (including unit prices) and technical rating<br />Past Performance information<br />Summary of the rationale for the award<br />
    12. 12. Post-award Debriefing<br />What you’re not going to be told<br />Point-by-point comparisons of your proposal with those of the other bidders<br />Commercial and financial information that is privileged or confidential<br />Names of the individuals that provided information about your company’s past performance<br />
    13. 13. Questions to Ask<br />How did the presentation and appearance of my proposal stack up against the competition?<br />Was my proposal easy to score and to navigate?<br />What separated my proposal from the competition?<br />Did it contain any fluff or content that should have been substantiated better?<br />Improvement recommendations?<br />
    14. 14. Kick-Off Meeting<br />You are One of Several Competitors<br />Introduce Your Team<br />Discuss Your Approach and Schedule<br />Ask for Feedback i.e. Base Exercises<br />Logistical Concerns<br />
    15. 15. Who’s in Charge?<br />Key Government Players<br />Contracting Officer <br />Has the authority to commit the government<br />Awards contracts based on customer defined requirements<br />COTR<br />The end customer, has money and technical knowledge<br />Can advise CO but cannot commit the government<br />DFAS<br />Pays proper invoice after approval of CO and COTR<br />
    16. 16. The Field of Play<br />Bad Weather<br />Facility Closures<br />Supply Outs<br />Labor Issues<br />Contractor<br />Accounting<br />PM<br />Subcontractors<br />COTR<br />Poor QA<br />Re-Work<br />Scope Creep<br />Unforeseen Site Conditions<br />
    17. 17. The Contracting Officer<br />
    18. 18. PTAC’s Role<br />
    19. 19. Issues and Problems are Going to Occur<br />Understand your rights and obligations<br />Assertively approach difficult situations and resolve problems<br />Resolution must be to the mutual benefit of both parties<br />
    20. 20. The Big One - Managing Contract Change (Scope Creep)<br />Sometimes Inevitable<br />Failure to properly manage can result in<br />Legally unenforceable agreements<br />Claims<br />Disputes<br />Significant damage to past performance record<br />
    21. 21. Stay Ahead of Scope Creep<br />Constantly communicate with your customer<br />When in doubt about direction that is given by the COTR, contact the Contracting Officer<br />Keep costs, schedule and performance as your primary focus<br />
    22. 22. The 6 Rules to Control Scope Creep<br />Know – The contract value and its ceiling amount<br />Know – The incurred cost to date and commitments<br />Know – The scope of work (what you’re supposed to be doing under the contract) and whether or not your current efforts are supporting it or some other objectives. <br />
    23. 23. The 6 Rules to Control Scope Creep<br />Know – The estimated cost at completion based on where you are at today<br />Know – Your customer and who among the customer population is prone to direct added work that’s not stipulated in the contract<br />Know – When to say “No” to scope creep and say it officially, in writing, to the CO for your contract<br />
    24. 24. Inspection <br />Inspection of Services<br />Contractor must provide an inspection system<br />Government has right to inspect and test all services<br />If services aren’t within contract requirements<br /><ul><li>Contractor must perform again at no increase to contract price
    25. 25. If cannot be corrected by re-performance, contractor must take action to ensure future performance conforms to contract’s requirements
    26. 26. Contract price can be reduced to reflect reduced value of the services performed</li></li></ul><li>Bad Things the Government Can Do<br />Cure Notice<br />Liquidated Damages (FAR 52.211-11) – Failure to deliver supplies or services, results in payment of liquidated damages of $_____ per day.<br />Stop Work Order (FAR 52.242-15) – Contracting Officer can require the contractor to stop work for a period of 90 days<br />
    27. 27. Bad Things the Government Can Do<br />The Government may terminate performance in whole or in part if it’s in the Government’s interest<br />Termination for Convenience (Fixed Price 52.249-2) (Cost-Reimbursement 52.249-6) <br />Termination for Default (52.249-8) – Government may terminate contract if contractor fails to<br />Deliver supplies or services within time specified in the contract<br />Progress “so as to endanger performance of the contract”<br />
    28. 28. Getting Paid<br />Prompt Payment (FAR 52.232-25) – Payment is due on the 30th day after receipt of a “proper” invoice<br />If payment not made by the due date, payment office will pay an interest penalty without request from the contractor<br />Most Contracts are Invoiced Using WAWF<br />
    29. 29. More Common Government Contract Definitions<br />Contractor - A gambler who never gets to shuffle, cut or deal. <br />Bid Opening - A poker game in which the losing hand wins. <br />Bid - A wild guess carried out to two decimal places. <br />Low Bidder - A contractor who is wondering what they left out. <br />Government Estimate - The cost of a project in heaven. <br />Project Manager - The conductor of an orchestra in which every musician is in a different union. <br />Critical Path Method - A management technique for losing your shirt under perfect control. <br />OSHA - A protective coating made by half-baking a mixture of fine print, red tape, split hairs and baloney--usually applied at random with a shotgun. <br />Strike - An effort to increase egg production by strangling the chicken. <br />Delayed Payment - A tourniquet applied at the pockets. <br />Completion Date - The point at which liquidated damages begin. <br />Liquidated Damages - A penalty for failing to achieve the impossible. <br />Auditor - Person who goes in after the war is lost and bayonets the wounded. <br />Lawyer - Person who goes in after the auditors to strip the bodies. <br />Found posted in the Physical Planning Office at Indiana University Author unknown<br />
    30. 30. The Most Important Tip I Can Leave You With<br />COMMUNICATE<br />
    31. 31. On to the Next Project<br />Questions?<br />