- Cover
- Title Page
- Copyright
- About the Authors
- Dedication
- Contents
- Preface
- Chapter 1: Introduction to the Federal Marketplace
- 1. What is the federal government market?
- 2. How is conducting business with the federal government different from conducting business with commercial companies?
- 3. Why do business with the federal government?
- 4. Have any changes occurred in the government marketplace?
- 5. What are the roles of each branch of the government in federal procurement?
- 6. What methods can be used to secure a government contract?
- 7. What assistance does the government provide small businesses seeking to pursue government business?
- 8. What information can a company get from the government? What information from a company can be protected?
- 9. What steps does an agency take in a negotiated procurement to purchase goods and services?
- 10. What steps must a company take to sell goods and services?
- 11. What are some basic terms in procurement?
- Chapter 2: Introduction to Federal Contracting
- 12. What regulations govern federal acquisition?
- 13. What are the standard procurement methods used in federal acquisition?
- 14. What are competition requirements?
- 15. What types of contracts exist in the government marketplace?
- 16. Are there any types of small procurements that can be accomplished without all the paperwork associated with a full and open competition?
- 17. Are there any websites that are particularly useful for government procurements?
- 18. What is the HUBZone program?
- 19. What is the Javits-Wagner-O’Day Act and how does it apply to procurement?
- 20. What are some of the policies that the government has in place to ensure integrity throughout the procurement process?
- 21. What are the standards for disabled access? What are the Section 508 compliance issues?
- Chapter 3: Commercial Item Contracting
- 22. What is the historical perspective to commercial item contracting?
- 23. What did the Competition in Contracting Act do for federal procurement?
- 24. What did the Federal Acquisition Streamlining Act do for commercial item contracting?
- 25. What makes something a “commercial item”?
- 26. How did FAR Part 12 change commercial item acquisitions?
- 27. What does the government look for in market research?
- 28. Does the uniform contract format still apply?
- 29. Can the contractor negotiate terms and conditions once they are established in the RFP?
- 30. Can the government still use best value techniques in a commercial item acquisition?
- 31. Can the government unilaterally change the terms of a commercial item contract?
- Chapter 4: GSA Schedule Contracts
- 32. What is the GSA Schedule?
- 33. How does a GSA Schedule contract streamline acquisition?
- 34. What products and services does GSA offer?
- 35. Why should a company get on a GSA Schedule contract?
- 36. What is the overall process a company goes through to get on a GSA Schedule contract?
- 37. What are the typical parts of a GSA proposal?
- 38. What happens after all the proposal pieces are completed?
- 39. What are the types of GSA multiple award schedule contracts?
- 40. What are some of the tools GSA has available for contractors on multiple award schedule contracts?
- 41. When can a simplified acquisition use multiple awards?
- 42. Are there any significant terms and conditions in the GSA MAS process that a contractor should be aware of?
- 43. How does a contractor secure a GSA Schedule contract?
- 44. Are agencies required to use the Federal Supply Schedule?
- 45. If a contractor is not getting a fair share of task orders, what can the contractor do?
- 46. How can task orders be protested?
- 47. Can the failure to get a task order be challenged as a claim?
- 48. Can losing a blanket purchase agreement be protested?
- Chapter 5: Subcontracting
- 49. Why should a company subcontract?
- 50. What should a prime contractor consider when determining whether to subcontract?
- 51. What should a subcontractor consider when determining whether to subcontract?
- 52. How can a company find a prime contractor to work with?
- 53. What does a prime contractor need to consider before entering into a subcontractor relationship?
- 54. What should a prime contractor keep in mind when working with subcontractors?
- 55. What tasks do prime contractors and subcontractors work on during a proposal and subsequent contract effort?
- 56. What should a subcontractor consider when working with a prime contractor?
- 57. What does the subcontractor need to provide to the prime contractor?
- 58. What should a subcontractor keep in mind when working with prime contractors?
- 59. How does a subcontractor determine if it is worth working as a subcontractor?
- Chapter 6: Marketing
- 60. What are the overall steps to conducting marketing?
- 61. What kind of data are useful for market research?
- 62. What are some of the methods to obtain marketing information?
- 63. How does a company use marketing information?
- 64. What are some of the benefits of shaping the procurement for the competing companies?
- 65. What are the benefits of RFP shaping for the government customer?
- 66. What should a company consider when developing a position paper or holding a marketing meeting as a way to shape an RFP?
- 67. How does a company shape an RFP by responding to draft documents?
- 68. How can a contractor use bidders’ conferences to shape an RFP?
- 69. How are bid and proposal budgets different on commercial versus government programs?
- 70. What is included in a B&P budget and how is it determined?
- 71. How does a company analyze its competitors for a particular program?
- 72. What areas of analysis are required prior to making a bid decision?
- 73. What work must be completed before making a bid decision?
- 74. What are the implications of the bid decision process?
- Chapter 7: Ethical Pitfalls
- 75. What do these more recent changes require contractors to do?
- 76. What does an ethics awareness and compliance program look like?
- 77. What is an internal control system (or “internal controls”)?
- 78. What ethical requirements do commercial item contracts have?
- 79. Procurement integrity has changed over the years. What does procurement integrity now require as a practical matter?
- 80. What are the basic restrictions of the procurement integrity laws?
- 81. Does the dollar value of the contract determine what parts of procurement integrity apply?
- 82. What land mines are hidden in the procurement integrity law?
- 83. Does a violation automatically invalidate the procurement?
- 84. What is the difference between a personal conflict of interest and an organizational conflict of interest?
- 85. What are the CO’s responsibilities?
- 86. What does being “debarred” mean and is it serious?
- Chapter 8: Proposal Development
- 87. Is there a standard RFP format?
- 88. What is the difference between product and labor contracts?
- 89. What is the difference between solicited and unsolicited proposals?
- 90. What are some of the characteristics of a typical proposal effort?
- 91. How many people should be involved in a proposal effort?
- 92. What are the key positions on a proposal effort?
- 93. What is the process for developing a proposal?
- 94. How does a company develop technical and management solutions?
- 95. How does a team write a proposal?
- 96. What are some of the unique components of the management solution?
- 97. Why should customers use oral proposals?
- 98. How does a company prepare for an oral proposal?
- 99. What are some of the contractual implications of the price proposal?
- 100. Do cost and price refer to the same thing?
- 101. Can the government make an award decision based on the initial proposal submission?
- 102. What is the overall process for developing a price proposal?
- 103. What is the overall process for developing a contracts volume?
- 104. What is the overall process for reviewing proposals?
- 105. What are some common mistakes in the proposal process?
- 106. What are the production tasks required to submit a proposal to the government?
- 107. What is the government’s approach to contractor past performance?
- 108. What is the PPIMS?
- 109. What are oral proposals?
- 110. How does the government evaluate oral proposals?
- Chapter 9: Cost Analysis
- 111. How does the government define contract costs on a submitted proposal?
- 112. What key factors does the government review in a submitted proposal?
- 113. Why does the government review cost estimating systems?
- 114. What does the government look for in a contractor’s financial systems?
- 115. What type of estimating system does the government use?
- 116. What must the government include in the solicitation?
- 117. What is cost or pricing data?
- 118. What is information other than cost or pricing data?
- 119. What is the Truth in Negotiations Act?
- 120. When can the government grant an exception from TINA?
- 121. Which specific items must the contractor provide to the government?
- 122. What if the offeror submits false data?
- 123. When can the government request information other than cost or pricing data?
- 124. How does the government determine if the contractor’s proposed costs are compliant?
- 125. When does CAS coverage apply to contracts or subcontracts?
- 126. Does the government look at individual cost elements?
- 127. Does the government look at anything besides costs in cost analysis?
- 128. Do the source selection authority and contracting officer ever request additional government expertise? Are these people qualified?
- 129. How does the government evaluate the design of the work that the offeror proposes?
- 130. How does the government evaluate an offeror’s planning assumptions?
- 131. Should the offeror include any contingency costs in its proposal?
- 132. How does the should-cost analysis help the government evaluate an offeror’s proposal?
- 133. How does the government evaluate and mitigate risk?
- 134. What are the offeror’s material costs?
- 135. How does the government analyze the offeror’s material costs?
- 136. Does the government analyze the proposed offeror’s subcontracts at this point?
- 137. How does the government analyze direct labor costs?
- 138. What else does the government look at with regard to labor rates?
- 139. How does the government analyze other direct costs?
- 140. How does the government analyze indirect costs?
- 141. Are G&A expenses included in indirect costs?
- 142. How does a company identify pools and bases for rate development?
- 143. Is the government looking for anything in particular when it analyzes rates?
- 144. How does the government analyze a contractor’s forward-pricing rates?
- 145. How does the government analyze a contractor’s facilities capital cost of money?
- 146. How does the government analyze a contractor’s proposed profit or fee?
- Chapter 10: The Government’s Price Evaluation
- 147. Why is the government required to conduct market research prior to issuing the solicitation?
- 148. What is the relationship between market research and contract pricing?
- 149. How does the government prepare estimates?
- 150. What does market research entail?
- 151. What does the government do if it thinks it will not get enough competition?
- 152. How does the government publicize the acquisition?
- 153. What strategies does the government use for making an award?
- 154. How does the government evaluate a contractor’s prices?
- 155. What is the difference between price reasonableness and price realism?
- 156. What are the inputs into a price evaluation based on solicitation provisions?
- 157. What are the Buy American Act criteria?
- 158. How does the government use government-furnished production and research property factors in its solicitation provisions?
- 159. How does the government handle transportation costs?
- 160. Can the government have long-term business relationships with contractors?
- 161. Does the government consider energy conservation and energy efficiency factors in making award decisions?
- 162. Does the government consider leasing instead of outright purchases in its procurement decisions?
- 163. How does the government conduct price analysis with regard to the total price offered?
- 164. With so many companies offering so many different products, how does the government compare products and prices?
- 165. Which factors affect the government’s ability to compare prices?
- 166. How does the government analyze the differences?
- 167. What vendor-related differences does the government look for?
- 168. Does the government go through the same analysis on a sealed bid?
- 169. What price-related decisions are involved in a negotiated procurement?
- 170. What does the term “cost and pricing data” mean?
- 171. When can the contractor get a cost or pricing data exception?
- 172. How does the government determine the competitive range?
- 173. Does the government communicate with the offerors after it receives the proposals but before it makes an award decision?
- 174. How does the government evaluate risk?
- 175. Does the government keep a record of its pricing decisions?
- Chapter 11: After Proposal Submission
- 176. How does a contractor answer customer questions or respond to proposal amendments?
- 177. How does a company prepare for a demonstration?
- 178. How does a company finalize its competitive target?
- 179. How does a company prepare for and conduct negotiations?
- 180. How does a contractor work with the customer to develop a negotiation summary?
- 181. How does a company prepare the final proposal revision?
- 182. What are the key components of start-up planning?
- 183. How does a company conduct start-up planning?
- Chapter 12: Exchanges with Offerors
- 184. What is the competitive range?
- 185. How does the government decide who is in the competitive range?
- 186. What is the one great advantage of the competitive range?
- 187. Is there only one competitive range determination?
- 188. What are clarifications, discussions, and communications, and what are the distinctions among them?
- 189. What happens if an offer doesn’t get to the government by the deadline?
- 190. What happens if both the government and the bidder cause a bid to be late?
- Chapter 13: Final Proposal Revisions
- Chapter 14: Past Performance
- 195. If a company filed claims, can the government hold that against the company and consider claims filing as part of (adverse) past performance?
- 196. What are the rules on how an agency should evaluate a vendor’s past performance in the solicitation process?
- 197. What if the evaluation information on past performance is wrong? Must the government give the offeror a chance to correct it?
- 198. When can an agency properly refuse an offeror a chance to rebut adverse past performance information?
- 199. Does an agency have to verify the past performance information submitted by references?
- 200. How is the government supposed to rate someone new to the work?
- 201. In evaluating past performance, can an agency consider only the past performance of the corporate entity and not that of the key personnel?
- 202. Can a settlement agreement limit what an agency may say about a contractor’s bad performance?
- Chapter 15: Debriefings
- 203. What information is usually provided at a debriefing?
- 204. What form does a debriefing take?
- 205. Do debriefings really provide fodder for a protest?
- 206. If a debriefing is unlikely to lead to a successful protest, is there a better use for a debriefing?
- 207. When do debriefings occur?
- 208. How does a company get a debriefing?
- 209. Should a lawyer come to a debriefing?
- 210. What information does the government have to disclose at a postaward debriefing?
- 211. What information cannot be disclosed at a debriefing?
- 212. Does the government really have to admit at a debriefing that it made a mistake?
- 213. The government has to tell losing companies their rankings and ratings. What are “rankings” and “ratings”? What is the difference?
- Chapter 16: Contractor Qualifications
- 214. What makes a government contractor “responsible”?
- 215. What purpose does “responsibility” serve?
- 216. What is the difference between “responsive” and “responsible”?
- 217. Why should a small business be especially concerned about this responsibility/responsive distinction?
- 218. What are definitive responsibility criteria?
- 219. Does the contracting officer have to warn me that I was looking non-responsible and give me a chance to prove I am responsible?
- 220. What is an organizational conflict of interest?
- 221. What kind of situations create an unequal-access-to-information OCI?
- 222. What kinds of situations create a biased-ground-rules OCI?
- 223. What kind of situations create an impaired-objectivity OCI?
- 224. Whose job is it to monitor whether there is an OCI?
- 225. What is the contracting officer’s role in OCIs?
- 226. What is a “teaming agreement”?
- 227. Are teaming agreements legally enforceable?
- 228. What is a GSA Schedule contract contractor team arrangement?
- Chapter 17: Protests
- 229. What are the chances of a company’s winning a protest?
- 230. What is the best approach for a company to take?
- 231. What are the advantages and disadvantages of filing a protest to the agency?
- 232. What are the advantages of filing a protest at GAO?
- 233. What can a contracting officer do to avoid a protest?
- 234. What are the disadvantages to a company protesting?
- 235. Is it smart for a company to argue that the contracting officer showed bad faith?
- 236. What’s the worst thing a contracting officer can do after getting a GAO protest that seems to have merit?
- 237. What is an automatic stay?
- Chapter 18: Inspection, Acceptance, and Warranties
- 238. In plain English, what does the inspection clause say?
- 239. If the government had a chance to inspect the work but didn’t, can the government later complain that the work was not done correctly?
- 240. What are the differences in the concepts of “strict” compliance, “substantial” compliance, and “substantial performance”?
- 241. The government approved something with defects it knew about. Now the government rejects it. Can it do that?
- 242. The government used it. It bought it, right?
- 243. Under a warranty, does the contractor have to prove that it did the work right, or does the government have to prove that the contractor did it wrong?
- 244. Is the contractor off the hook when the warranty period ends?
- Chapter 19: Earned Value Management
- 245. What is the purpose of earned value management?
- 246. What is the starting point for obtaining EVM metrics?
- 247. How does EVM work with PMOs?
- 248. What are the earned value metrics?
- 249. Does an organization have to implement the full 32 EVM criteria?
- 250. How does a company use EVM to compare projects across a company to determine how each is doing in comparison to the others?
- 251. Are there any EVM metrics that help a project manager forecast any potential problem areas?
- 252. How are the measurements used?
- 253. If we have these EVM metrics, why do we need an EVM system?
- 254. Does the value of EVM justify the return on investment needed to implement the technology and change the organizational culture?
- 255. So why should an organization be willing to go through this expense to implement an EVMS?
- 256. Is there any downside to implementing EVM?
- Chapter 20: Closeouts
- 257. How soon after the contract is over should the contracting officer close out a contract?
- 258. How long must the files be kept?
- 259. Is there some way the government can take money from a contractor to pay a debt the contractor owes?
- 260. When a contractor signs a release for a modification, does that prevent the contractor from getting additional costs at the end of the contract?
- 261. Is a release with a broad exceptions clause really effective for keeping the contractor’s options open for future claims?
- 262. Will the FAR release language for modifications work to prevent claims at the end of the contract?
- 263. When is it too late to file claims?
- Chapter 21: Contract Interpretation
- 264. What are some of the rules for contract interpretation?
- 265. What is the parol evidence rule?
- 266. The contract says one thing, which is different from the way it’s being carried out. Does this change affect the interpretation and meaning of the words of the contract?
- 267. What is the difference between a design specification and a performance specification? Why does it matter?
- 268. How does the principle of words being construed against the drafter work?
- 269. What’s the harm in a contractor making an aggressive or at-the-fringe argument? It might win!
- Chapter 22: Delay
- 270. If a contractor finishes before the contract completion deadline but after the deadline it had set for itself, must the government pay delay damages?
- 271. Before signing a release for a time extension given by the government, what land mine should a contractor be alert to?
- 272. What is the Eichleay formula and what does it do?
- 273. Is the Eichleay formula applicable to modifications extending the contract?
- 274. How detailed and precise must the calculation of liquidated damages be?
- 275. Can the government pay delay damages if a subcontractor is delayed but the prime contractor is not?
- 276. Is all delay caused by a defective specification compensable?
- Chapter 23: Changes
- 277. What are the limits of the government’s use of the changes clause?
- 278. How are ripple effect costs paid for?
- 279. What are the time limits for a contractor submitting requests for equitable adjustments due to changes under the changes clause?
- 280. Does the contractor have to carry out the change while fighting about it with the government?
- 281. If a contractor is forced to agree to a modification under the changes clause, is the modification valid?
- 282. Can anyone other than the contracting officer bind the government?
- 283. What is imputed authority?
- 284. What is apparent authority?
- Chapter 24: Equitable Adjustments
- 285. What is the starting point for calculating an equitable adjustment?
- 286. How much profit should a contractor make on an equitable adjustment?
- 287. When work is taken from a contract and different work is added, how is that priced?
- 288. Sometimes the same kind of government action can be compensated under various clauses, with different dollar consequences. How does this work?
- 289. Can an equitable adjustment include the costs of a consultant like a lawyer or an accountant?
- Chapter 25: Claims
- 290. What does a claim consist of?
- 291. What is the difference between a request for equitable adjustment and a claim?
- 292. When should the contractor start out with a request for equitable adjustment? And when should the contractor go straight to a claim?
- 293. How does a contractor make a claim?
- 294. What documents does the contractor have the right to see on filing a claim?
- 295. Is there a statute of limitations on filing a claim?
- 296. Does it matter what clause the contractor uses?
- 297. Does the contractor have to keep working on the project while it has a claim pending?
- 298. Does the government have any time limits for responding to the claim?
- 299. Can a contracting officer stall indefinitely and simply fail to issue a contracting officer’s final decision?
- 300. What about arbitration?
- 301. What if the contracting officer gives only partial relief? What does the contractor have to lose if it appeals?
- 302. What are the deadlines for appeals?
- 303. What are the advantages of going to the board or the court?
- 304. When does the interest clock start to run?
- 305. Can the contractor get paid for filing a claim?
- 306. What are EAJA costs? What costs can the contractor get back from the government under EAJA?
- 307. Can the government come after the contractor and make the contractor pay its costs if the contractor loses?
- 308. Can an invoice be a claim?
- 309. What does it take to make a termination for convenience settlement proposal a claim?
- Chapter 26: Terminations
- 310. What are the most common mistakes the government makes in doing a termination for default?
- 311. Are cure notices needed before doing all terminations for default?
- 312. How does a contracting officer correctly charge a defaulted contractor for the excess costs of reprocuring the materials that should have been bought under the defaulted contract?
- 313. On what grounds can the government terminate for convenience a newly awarded contract?
- Chapter 27: Fraud
- 314. What are the government’s remedies for contractor fraud?
- 315. With all these remedies, what is the contracting officer’s role when fraud is discovered in the claims process?
- 316. What is this land mine for contractors called an “implied certification”?
- 317. Can government contractors violate the False Statements Act?
- Acronyms
- Index
- Back Cover
ACRONYMS
-
No Comment
..................Content has been hidden....................
You can't read the all page of ebook, please click here login for view all page.