INDEX
A
acquisition strategy, 24
actual authority, 328
administrative contracting officer (ACO), 210–211, 214
ADR. See alternative dispute resolution
agency competition advocates, 104–105
agency-specific regulations, 32
agreement, 29–30
alternative dispute resolution (ADR), 389–390
analyzing competition, 24
B
BAC. See budget at completion
BCWS. See budgeted cost of work scheduled
best and final offer (BAFO). See final proposal revision
best value techniques, 50
bid and proposal budget
analysis, 115–117
commercial versus government programs, 112
competitors, 113–115
determining, 112–113
implications of, 117–118
importance, 24
preparing for, 117
bid decision
analysis, 115–118
market research, 105
shaping, 105
bidders’ conferences, 20, 103–104, 106, 111, 151
bill of materials (BOM), 209
blanket purchase agreement (BPA), 37
BLS. See Bureau of Labor Statistics
BOM. See bill of materials
BPA. See blanket purchase agreement
budget at completion (BAC), 334
budgeted cost of work scheduled
(BCWS), 334–335
Bureau of Labor Statistics (BLS), 403
business case, 82, 94, 256, 260
business team, 144–145
Buy American Act, 223–224
C
CAFC. See Court of Appeals for the Federal Circuit
CAS. See Cost Accounting Standards
CASB. See Cost Accounting Standards Board
CCASS. See Construction Contractor Appraisal Support System
CDA. See Contract Disputes Act
CDRL. See contract data requirements list
Central Contractor Registration (CCR), 55, 59–60
Certificate of Current Cost or Pricing Data, 201
certification, 383–384
CFC. See Court of Federal Claims
changes
apparent authority, 368–369
contracting officer, 368
disputes, 366–367
equitable adjustment time limits, 366
government limits, 363–365
importance, 363
imputed authority, 368
made under duress, 367–368
managing, 26
ripple effect costs, 365
CICA. See Competition in Contracting Act
claims
appeals, 381–382, 390
arbitration, 389–390
board versus court, 390–391
contractor costs, 391–392
costs, 379–380
delays, 389
document reliability, 386
Equal Access to Justice Act costs, 392–393
government costs, 393–395
importance, 379
information gathering, 381
interest, 379
interest clock, 391
interpretation of contract terms, 385
invoices, 395–396
letter to government, 380
monetary, 383–385
negotiations, 381
other relief, 385–386
partial relief, 390
pending, 388–389
phone call to government, 380
preliminary negotiations, 381
request for equitable adjustment, 380, 382–383
requesting equitable adjustments, 381
response time limits, 389
statue of limitations, 386–387
termination for convenience settlement proposal, 396–397
clarification report (CR)
acknowledging receipt, 237
assessing cost effect, 239
determining effect of changes, 240
determining if additional items required, 239
notifying subcontractors, 238
producing proposal changes, 241
receiving from customer, 237
responding to questions and amendments, 237
reviewing, 237–238
reviewing changes, 240–241
submitting revised proposal and question responses, 241
understanding how customer wants to see changes, 239
writing response, 239–240
clarifications, 277–279
CLIN. See contract line item number
Clinger-Cohen Act, 3, 67
closeout
claim deadlines, 346–347
contractor debt, 342–344
definition, 341
exception clause, 344–345
FAR release language, 346
file retention, 342
release for modification, 344
time periods, 341–342
CO. See contracting officer
commercial item contracting
changing terms of, 50
Competition in Contracting Act, 44–46
definition, 47
FAR, impact of, 48–49
Federal Acquisition Streamlining Act, 46–47
history, 43–44
market research, 48–49
uniform contract format, 49–50
commercial off-the-shelf (COTS) items, 3, 20
common mistakes, proposal process, 188–189
communications, 277, 279–280
Competition in Contracting Act (CICA), 44–46
competition requirements, 34
Competitive Performance and Continuous Surveillance (CPCS), 294
competitive proposals, 33
competitive range, 275–277
competitive target
conducting follow-up activities, 251
determining how competitor will bid, 250
estimating prices, 250
finalizing, 248–249
selecting competitors, 250
selecting team to work on, 249
validating competitive-analysis target, 251
competitors, analyzing, 113–115
Construction Contractor Appraisal Support System (CCASS), 293
contract award, 27
contract closeout, 28
contract data requirements list (CDRL), 131–134, 163
Contract Disputes Act (CDA), 395–396
contract interpretation
aggressive argument, 354
course of conduct, 351–352
design specification versus
performance specification, 352–353
frivolous argument, 354
importance of, 349
parol evidence rule, 350–351
rules, 350
words being construed against the drafter, 353
contract line item number (CLIN), 145, 201
contract start-up, 27–28
contract types, 35
contract vehicle, 29
contract work, 28
contracting officer (CO)
acknowledging receipt, 237
assignment of, 19
changes clause, 365–367
claims, 379, 388
closeout, 341
conflict of interest, 126
cover letter, 129
damages, 357
debriefings, 298–299
deemed denial, 389
defaulted contractors, 402
discussions, 276
final decisions, 383
fraud, 406
Freedom of Information Act, 103
GSA Schedule contract, 56
imputed authority, 368
inspection and acceptance, 133
labor-rate estimates, 210–211
multiple award schedule contracts, 64–65
negotiated procurement, 230
oral presentations, 194
partial relief, 390
past performance information, 192, 294
protests, 317
purchasing commercial items, 48
qualified contractors, 305
quality control, 56
role, 4
sealed bid process, 17–18
terms and conditions, 49
Truth in Negotiations Act, 199–200
websites, 38
writing RFP, 20
contracting officer’s representative (COR), 400
contracting officer’s technical representative (COTR), 20, 133
Contractor Purchasing System Review (CPSR), 25, 147–148, 175, 261, 273
contractor qualifications
contractor team arrangement, 316
definitive responsibility criteria, 308–309
importance, 305
non-responsibility decision, 309
organizational conflict of interest, 309–314
responsible, 305–306
responsive, 306
small businesses, 307–308
teaming agreement, 314–316
contractor team arrangement (CTA), 316
contracts representative, 147
contracts volume
analyzing effect of FAR requirements, 180
communicating issues to customer, 180
determining type of contract, 179
drafting contract, 182
identifying subcontractors, 180
importance, 25
preparing transmittal letter, 182
writing contract volume, 180–182
writing statement of work, 180
contracts, audit, and purchasing team, 146
COR. See contracting officer’s representative
core team, 25
corporate organization, 23
Cost Accounting Standards (CAS), 112, 200–203
Cost Accounting Standards Board (CASB), 201
cost analysis
additional government expertise, 205
compliance, 201–202
contingency costs, 206
contractor-provided items, 200–201
cost estimating systems, 198
cost or pricing data, 199
direct labor costs, 209–211
facilities capital cost of money, 214
false data, 201
financial systems, 198
forward-pricing rates, 214
general and administrative expenses, 213
government concerns, 213
government definition of, 197
government estimating system, 198–199
government information included in solicitation, 199
government steps, 204
importance of, 197
indirect costs, 212–213
individual cost elements, 203–204
key factors, 197–198
labor rates, 211–212
material costs, 207–209
offeror’s planning assumptions, 205
other direct costs, 212
other information, 201
pools and bases for rate development, 213
profit or fee, 214–215
risk, 207
should-cost analysis, 206
subcontracts, 209
Truth in Negotiations Act, 199–200
work design, 205
cost reimbursement contracts, 35–36, 169–170, 207, 221, 258
cost versus price, 169
cost-plus contracts, 170–171, 179, 395
COTR. See contracting officer’s technical representative
COTS. See commercial off-the-shelf items
Court of Appeals for the Federal Circuit (CAFC), 312–313, 391, 393
Court of Federal Claims (CFC), 69, 381, 391, 394–395, 408
CPCS. See Competitive Performance and Continuous Surveillance
CPSR. See Contractor Purchasing System Review
CR. See clarification report
CTA. See contractor team arrangement
customer files, 105
customer issues, 141, 157
customer questions, responding to, 236–237
D
data item description (DID), 163
Davis Bacon Act, 211
DCAA. See Defense Contract Audit Agency
debarment, 126–127
debriefings
admitting mistakes, 303
content, 297–298
form, 298
importance, 297
information included, 302
information not included, 302–303
lawyers, 301
occurrences, 300
protests, 298–299
rankings and ratings, 303–304
requesting, 300–301
deemed denial, 389
Defense Contract Audit Agency (DCAA), 112, 176, 262, 396
deficiency report (DR), 21, 143–147, 160, 192, 235–236
delay
contract modifications, 359
deadlines, 355–356
defective specifications, 361
Eichleay formula, 356–359
importance, 355
liquidated damages calculations, 360
subcontractor, 361
time extension, 356
delivering proposals, 26
delivery order, 30
demonstration developers, 144
demonstration presenters, 144
demonstrations
answering questions, 248
assigning component responsibility, 243
conducting, 248
determining customer accommodations, 247
determining readiness, 244
determining what to demonstrate, 243
developing documentation and presentations, 245–247
duration, 242–243
locating space, 245
making contingency plans, 247
planning, 243
preparing for, 241–242
preparing personnel, 247
producing demonstration materials, 247–248
providing amenities, 245
requirements, 242
RFP requirements, 243
solution test, 247
subcontractor role, 245–246
submitting questions to customer, 245
Department of Defense (DoD), 1, 14, 98, 192, 224
Department of Labor (DOL), 211
DID. See Data Item Description
directed subcontract, 77
disabilities, providing accommodations for, 41–42
discussions, 27, 275, 277, 279
DoD. See Department of Defense
DOL. See Department of Labor
DR. See deficiency report
draft RFP, 23
Drug-Free Workplace, 90, 134
E
E-Buy, 33, 64–65
EAJA. See Equal Access to Justice Act
earned value management (EVM)
budget at completion, 334
budgeted cost of work scheduled, 334–335
downside to implementing, 339–340
forecasting metrics, 336–337
implementation, 334–335
metrics, 332–334
planned value, 334–335
project comparison, 335–336
project management office, 332
purpose, 331
return on investment, 338
system, 337–339
total value, 334
using measurements, 337
earned value management system (EVMS), 337–339
editor, 141–142
Equal Access to Justice Act (EAJA), 392–393
equitable adjustments
consultant costs, 376–377
contractor profit, 372–373
deductive change order, 375–376
deductive changes, 373–375
importance, 371
estoppel, 328
ethical contracting
commercial item contracts, 123
conflict of interest, 126
contracting officer responsibilities, 126
debarment, 126–127
dollar value of contract, 124–125
ethics awareness and compliance programs, 121–122
ethics programs, 121
importance of, 119
internal control system, 122–123
procurement integrity, 123–124
procurement integrity law, 125
restrictions, 124
self-disclosure, 120–121
EVM. See earned value management
EVMS. See earned value management systems
executive orders, 32
executive summary, 26, 240
external team, 24
F
facilities capital cost of money (FCCOM), 214
Fair Labor Standards Act, 211
False Claims Act (FCA), 120
False Statements Law, 408–409
FAR. See Federal Acquisition Regulation
FARA. See Federal Acquisition Reform Act
FASA. See Federal Acquisition Streamlining Act
FCA. See False Claims Act
FCCOM. See facilities capital cost of money
FedBizOpps, 37–38
Federal Acquisition Reform Act (FARA), 131, 134, 175, 178, 191
Federal Acquisition Regulation (FAR)
agencies that use, 2
ensuring integrity, 41
importance, 31–32
negotiated process, 17
sealed bid process, 17
Federal Acquisition Streamlining Act (FASA), 46–47, 152, 169, 269
federal government market
commercial companies, compared to, 2–4
definition, 1–2
reasons for doing business with, 4–5
recent changes in, 6
Federal Supply Schedule (FSS), 69, 316
Federal Supply Service, 63
Federal Technology Service, 63
final bid decision, 25
final proposal revision (FPR)
audit packages, 261–262
best and final offer, compared to, 284
competition analysis target, 257
competitive range, 260
contract profile, 260
customer request for, 260
importance, 27, 255–257, 283–284
labor estimates, 258
late offers, 285–286
meaningful discussions, 284–285
preparing, 261
preparing subcontractors, 257
price reduction strategies, 259–260
pricing strategies, 259
prime contractor plan, 257
producing and delivering, 261
subcontractor negotiations, 258
subcontractor pricing, 259
subcontractor proposals, 258
technical, management, and business solutions, 258
unbalanced bids, 286–287
finalize solution, 26
FirstGov, 37
FOB. See free on board
FOIA. See Freedom of Information Act
FPR. See final proposal revision
fraud
contracting officer’s role, 406–407
False Statements Law, 408–409
government remedies, 405–406
implied certification, 407–408
importance, 405
free on board (FOB), 225
Freedom of Information Act (FOIA), 15–16, 103, 250–251, 272
FSS. See Federal Supply Schedule
full and open competition requirements, 34
G
GAO. See Government Accountability Office
general and administrative (G&A) expenses, 89, 112, 131, 213, 250
General Services Administration (GSA) Schedule
competition, 69
corporate contracts, 65
corporate experience, 57
dated RFPs, 68
definition, 52
E-Buy, 64–65
GSA Advantage!, 64
importance, 51
multiple award schedule contracts, 63–66
open RFPs, 68
past performance, 58
process overview, 55–56
products and services, 53–54
proposal pieces, 59–62
protesting, 70–72
quality control, 58–59
reasons for using, 55
relevant project experience, 57–58
required use, 69
streamlined acquisition, 52–53
submitting, 62–63
GFP. See government-furnished property
Government Accountability Office (GAO), 6, 69–71, 125, 290–292, 310
government branches, roles of, 6–7
government contracts, methods for securing
GSA Schedule contracts, 10
subcontracting, 8–10
working independently, 7–8
government regulation compliance representative, 146–147
government site visits, 27
government-furnished property (GFP), 207
governmentwide access contract (GWAC), 15, 63–64, 66
graphics guidelines, 156
graphics specialist, 142
gross mistake amounting to fraud, 326, 329
GSA. See General Services Administration
GSA Advantage!, 64
GWAC. See governmentwide access contract
H
Historically Underutilzied Business Zone (HUBZone), 34, 38–39
I
ID/IQ. See indefinite delivery/indefinite quantity contracts
IFB. See invitation for bid
implied certification, 407–408
imputed knowledge, 328
incentive contracts, 35
indefinite delivery/indefinite quantity (ID/IQ) contracts, 35–36
information, obtaining from government, 15
initial bid decision, 25
initial proposal submission, making award decision based upon, 169
inspection clause defects, 328
government use, 328–329
right to inspect, 326
strict compliance, 327–328
substantial compliance, 328–328
substantial performance, 327–328
integrity, ensuring, 40
invitation for bid (IFB), 32–33, 65, 230, 308
J
Javits-Wagner-O’Day (JWOD) Act, 39–340
L
late bids, 280–281
latent defects, 326–329
List of Authorized Negotiators, 134
live test demonstration (LTD)
conducting, 21, 27
manager, 141, 143–144
review, 183, 186
team, 143
volume, 240
M
management proposal development process
assigning components, 154
finalizing solution, 153–154
gathering information, 155
initial reviews, 155
make-or-buy analysis, 154
managing change, 155
solicitation process, 155
teaming partners, 154
testing solution, 155
understanding customer requirements, 155
writing sections, 155
management solution
components, 158
corporate statistics, 162
deliverables, 162–163
functional organizational chart, 162
past contract experience, 159
plans, processes, and procedures, 160–161
resumes, 159–160
subcontracting plan, 163
work breakdown structure, 161–162
management team, 145–146
market research, 48–49, 101–102
marketing
analyzing program requirements, 100
developing budgets, 100
gathering information, 99
importance of, 97
information, 23, 103–105
initial bid decision, 101
learning about new opportunities, 99
plan, 23, 98
program managers, 98–99
shaping the RFP, 100
steps, 97
targeting customers, 98
understanding capabilities, 98
understanding competition, 101
micro-purchase procedures, 37
multiple award schedule (MAS) contracts, 36, 63–64
N
National Contract Management Association (NCMA), 104
negotiated procurement, 18–22
negotiations
determining team members, 254
issues for discussion, 253
participating in discussions, 254
preparing for, 252
receiving call to discussions, 253
reviewing and preparing responses to, 253
RFP terms and conditions, 50
strategy, 253–254
summary, 254–255
O
OCI. See organizational conflict of interest
Office of Federal Procurement Policy (OFPP), 38
Office of Government Ethics, 41
Office of Small Business Utilization (OSBU), 15
Online Representation and Certification Application (ORCA), 55
opportunity cost, 87, 94–95
oral proposals
backup plan, 167
conducting presentation, 167
customer requirements, 165
defining solution, 165
definition, 27, 193–194
draft presentation and script, 166
follow-up, 167–168
government evaluation of, 194–195
handouts and materials, 167
logistics coordination, 167
preparing for, 164
presentation medium, 165–166
presenters, 165
reviewing and rehearsing, 166–167
standard presentation formats, 166
when to use, 163–164
ORCA. See Online Representation and Certification Application
organizational conflict of interest (OCI), 309–314
OSBU. See Office of Small Business Utilization
other direct cost (ODC), 60, 131, 212
outstanding issues, 26
P
past performance
adverse information, 292–294
citations, 24–25
company claims, 290
corporate entity versus key personnel, 295
government approach to, 191–192
importance, 289
incorrect information, 291–292
information submitted by references, 294
new contractors, 295–296
rules regarding, 291
settlement agreements, 295–296
Past Performance Information Management System (PPIMS), 192–193
patent defects, 329–330
PEA/OFPP. See Procurement Executive Association and Office of Federal Procurement Policy
planned value (PV), 334–335
PM. See program manager
PMO. See project management office
PPIMS. See Past Performance Information Management System
price evaluation
award strategies, 222
Buy American Act, 223–224
comparing products and prices, 226–228
competitive range, 231
contractor prices, 222
cost and pricing data, 230
cost and pricing data exception, 231
energy conservation and efficiency, 225
government communication with offerors, 231–232
government-furnished production, 224
increasing competition, 220–221
leasing, 226
market research, 217–220
multiyear contracting, 225
negotiated procurements, 230
overview, 217
price realism, 222–223
price reasonableness, 222–223
pricing decision records, 232–233
publicizing, 221
research property factors, 224
risk, 232
sealed bids, 229–230
total price offered, 226
transportation costs, 225
vendor-related differences, 228–229
price proposal
beginning production, 178
collecting price information, 176
competitive analysis, 171
competitive range, 177–178
contractual implications, 168–169
cost data for bid decision, 171–172
cost models, 173–174
costing the solution, 172–173
evaluating cost proposals, 175
including all costs, 176
managing change to cost model, 178
modeling competitors’ solutions, 177
planning for pursuing business, 171
pricing strategies, 176, 178
reviewing cost model, 178
reviewing technical and management proposals, 178
risk assessment, 175–176
solution components, responsibilities for, 171
subcontractor data, 174–175
understanding what customer is buying, 170–171
price versus cost, 169
PRO-Net. See Procurement Marketing and Access Network
procurement acts, 32
Procurement Executive Association and Office of Federal Procurement Policy (PEA/OFPP), 193–195
Procurement Integrity Act, 17–18, 41
Procurement Marketing and Access Network (PRO-Net), 38
procurement terminology, 28–29
product versus labor contracts, 136
production coordinator, 142
production tasks, 189–191
program manager (PM), 19–20, 23, 140
project management office (PMO), 332
proposal development process
assigning someone to each outline section, 150–151
contract volume, 152
external team, 150
high-level solution development, 149
internal team, 150
oral proposal, 151–152
overview, 148
price proposal, 152
producing and delivering proposal, 153
proposal outlines, 150
proposal review, 152–153
revisiting bid decision, 148–149
technical and management solutions, 151
proposal efforts, characteristics of, 137–139
proposal management team, 141
proposal manager, 141
proposal production team, 141
proposal review process
importance of, 26, 183
internal proposal team reviews, 187
live test demonstration review, 186
management proposal review, 184–185
marketing review, 184
oral presentation review, 186–187
price proposal review, 185–186
section review, 183
technical proposal review, 184–185
total proposal review, 188
proposal sections, 25–26
proposal team, 25, 139–140
protests
advantages and disadvantages, 319–321
agency, 317–318
automatic stay, 322
avoiding, 320
bad faith, 321
chances of winning, 317
company approach, 318
definition, 317
Government Accountability Office, 318
purchasing representative, 148
PV. See planned value
R
request for equitable adjustment (REA), 380
request for proposals (RFP)
cover letter, 129–130
format, 129
Section A, Cover Sheet Standard Form 33, 130
Section B, Supplies/Services and Prices, 130–131
Section C, Statement of Work, 131
Section D, Packaging and Marking, 132
Section E, Inspection and Acceptance, 132–133
Section F, Delivery and Performance, 133
Section G, Contract Administration Data, 133
Section H, Special Contract Clauses, 134
Section I, Federal Acquisition Regulation Clauses, 134
Section J, List of Attachments, 134
Section K, Representations and Certifications, 134
Section L, Proposal Preparation Requirements, 135
Section M, Evaluation Criteria, 135–136
reverse FOIA, 16
S
salesperson, 23, 140
SB/SDB. See small business or small disadvantaged business
SBA. See Small Business Administration
SCA. See Service Contract Act
SDB. See small disadvantaged business
sealed bid, 32–33
Section 508 compliance, 41–42
Service Contract Act (SCA), 211
set-asides, 34
shaping the RPF
benefits for competing companies, 105–106
benefits for government customer, 106–107
bidders’ conferences, 111
marketing meetings, 107–108
position papers, 107–108
responding to draft documents, 108–110
simplified acquisition procedures, 37
site visits, 27, 103, 238
small business
8(a) program, 12
government goals, 12–13
government-provided assistance, 11
GSA Advantage!, 15
mentor-protege program, 14
new business relationships, 12
Office of Small Business Utilization, 15
prime contractor requirement, 13
program requirements, 13–14
set-asides, 12, 34
small and disadvantaged business officers, 13
small purchase ordering procedures, 14–15
Standard Industry Classification codes, 11–12
Small Business Administration (SBA), 11, 223
small business or small disadvantaged business (SB/SDB), 154, 181–182
small disadvantaged business (SDB), 5, 12–14, 114, 181–182, 223
small procurements, 37
solicitations, 22
solicited versus unsolicited proposals, 136–137
solution development, 24
source selection authority (SSA), 19
source selection evaluation board (SSEB), 19, 192
SOW. See statement of work
start-up planning
closing out proposal effort, 273–274
communicating plan, 268
contract award notice, 269–270
corporate support, 267
developing components of plan, 268
implementing plan, 268
losing company, 272–273
overview, 267
team members, 268
updating plan, 268–269
winning company, 270–272
statement of work (SOW), 20, 310–311
strategic plans, 23
subcontracting
finding prime contractors, 78–79
key factors, 83–86
prime contractor considerations, 73–76
reasons, 73
return on investment, 94–96
subcontractor management, 79–83
tasks, 86–87
subcontractors
clarification report, 238
considerations, 76–78, 87–88
contracts volume, 180
delay, 361
demonstrations, 245–246
final proposal revision, 257, 258
information required from, 88–91
working with prime contractor, 91–94
system administrator, 142
T
task orders, 30, 62, 68–72, 108, 161
technical proposal development process
assigning components, 154
develop solution, 155
finalize solution, 155
finalizing solution, 153–154
gathering information, 155
initial reviews, 155
make-or-buy analysis, 154
managing change, 155
solicitation process, 155
teaming partners, 154
testing solution, 155
understanding customer requirements, 155
writing sections, 155
technical team, 143
terminations
cure notices, 402
for convenience, 403
government mistakes, 399–402
importance, 399
reprocurement, 402–403
time and materials contracts, 36
total value (TV), 334
Trade Secrets Act, 16
Truth in Negotiations Act (TINA), 199–200
U
Uniform Commercial Code (UCC), 2
uniform contract format, 49–50
V
Veterans Technology Services (VETS), 15
W
Walsh Healey Act, 211
warranties, 329–330
WBS. See work breakdown structure
web sites, government, 37–38
win factor, 94
women-owned businesses, 5, 15
work breakdown structure (WBS), 161–162, 205, 331–332, 338
writing proposals, 156–158