Breakout Session #505 Randy Centanni, Manager Pricing, Space Operations Lockheed Martin Information & Technology Ser

2. The Role of Contracts in the Capture Process Breakout Session #505 Randy Centanni, Manager Pricing, Space Operations Lockheed Martin Information & Technology Services Date April 26, 2005 Time 1:30 pm – 2:30 pm NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

3. Setting the Stage • Regardless of whether your company is large or small, a solid capture process is the foundation for winning new business and retaining your incumbent contracts. • It is important to remember that Contracts is not just an administrative appendage to the proposal process but a vital member of the process. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

4. Areas of Enthusiasm for Contracts • Communication • RFP/Contract Risk Analysis • Proposal Preparation • Proposal Submission • Orals Participation • FPR/BAFO Submission • Proposal Audit • Negotiations • Document Lessons Learned/Proposal Debriefing • Issue Contract Summary & Kick Off Meeting • Protest (If applicable) NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

5. Communications • FAR 15.201(a), states, “Exchanges of information among all interested parties, from the earliest identification of a requirement through receipt of proposals, are encouraged. Any exchange of information must be consistent with procurement integrity requirements (see 3.104).” NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

6. Communications (Con’t) • It is the Contracts organization that will establish early contact with the Contracting Officer. • It is this information exchange with the customer that can identify and resolve potential contracting issues early in the proposal process. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

7. Communications (Con’t) • It is these exchanges that provide opportunities to shape the customer/government requirements, specifications and/or terms, and provide a perception of how your company can provide the best value. • Accordingly, it is critical that contracts be a prime participant in one-on-one exchanges and any other direct communication with the customer to monitor the flow of information. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

8. Communications (Con’t) • In addition to communication outside the company, there are numerous meetings in which all Contract Administrators must participate to ensure compliance with the RFP requirements. • Contracts must also provide support to the proposal team to resolve contract issues that develop during the process. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

9. RFP and Risk Analysis • Its is Contracts role to confer with legal or any other department that could be effected by the provisions of the RFP, which present unusually high risk to the company. These unusual risks are identified in the risk analysis which is performed by Contracting. The risk analysis should be issues by memo to the appropriate executives within the company. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

10. Proposal Preparation Items that are exclusive under contracts domain. • Completion of all Representations and Certifications. • Disclosure of any Unsolicited Provisions or Exceptions to the RFP. • Contracting ensures compliance with all Public Laws. The contracting activity is responsible for executing the certificate when executing the Offer Standard Form 33. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

11. Proposal Preparation (Con’t) • Contracts draft for Management the Transmittal Letter. • Seek Authorized and Approval for submittal of Proposal including Signature of Offorer if outside of Contracts domain {formal commitment on behalf of the Company} NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

12. Proposal Preparation (Con’t) • It is the Contracting who should have the responsibility for executing the Certificate of Independent Price Determination when an SF33 is required. • The contracting organization is responsible for executing the certificate when executing the Offer Standard Form 33 (SF 33). • Develop the OCI Mitigation Plan for submittal with proposal if required. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

13. Proposal Submission • Contracting provides guidance in the development of the proposal delivery plan to assure strict adherence to the RFP instructions. • Contracting insures that the proposal is delivered and signed for by the appropriate customer personnel as stated in the RFP. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

14. Orals Participation • Contracting assists the capture team in the development of the oral proposals and actively participates with other key personnel in the oral presentation. If the customer requires “discussions” as part of the oral proposal/presentation, contracting represents the company in communicating the company’s position. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

15. FPR/BAFO Submission • Contracting plays a major role in conjunction with the capture team in developing a sound strategy to respond to the FPR. The response must be consistent with the overall strategy as modified by changes generated as a result of customer evaluation or orals. Should the customer request negotiations, contracting should represent the company in communicating all positions. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

16. Proposal Audit • Contracting, in conjunction with the company’s pricing or cost estimating department, is typically the main focal point for the customer, or his authorized representative (usually the DCAA) for the evaluation of the current, accuracy and completeness of the cost or pricing data submitted with a proposal, if required. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

17. Negotiations • Contracting has primary responsibility for all negotiations with the customer. • Contracting, if necessary, should obtain any and all required management approvals as a result of negotiations prior to executing a handshake with the customer. • It is contracting who provides a Certificate of Current Cost or Pricing Data, if required, and makes it a part of the proposal file. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

18. Negotiations (Con’t) • Contracting is also responsible for the memorandum of negotiation for inclusion in the contracts and proposal file. • It is contracting that prepares the confirmation letter to the Contracting Officer as a document containing the results of the negotiations. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

19. Document Lesson learned/Proposal Debriefing The post-award debriefing should provide at a minimum the following information • The significant weakness or deficiencies found in our proposal • The overall evaluation of price and/or cost and the technical ratings of the winner. • The overall ranking of offerors. • Answers to questions relevant to the Government’s conduct of the competition and source selection. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

20. Issue Contracts Summary • The Summary should also include the following as a minimum: • Specific contract information (name, number, dates, etc.) • Customer names, addresses, and telephone numbers • Invoicing instructions and limitations (ceiling, caps, etc.) • Work breakdown structure (WBS) • Responsible Department or Organization within your company • Period of Performance NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

21. Issue Contracts Summary (Con’t) • Contract value • Incremental funding authorizations and applicable dates • Option values and dates to be exercise. • Breakout of all contractually specific financial terms and/or limitations. • Award fee information NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

22. Issue Contracts Summary (Con’t) • Subcontracting plan (goals, requirements, reporting 294/295) • Wage determination in effect at time of contract • Security classification level requirements (If required) • Special contract clauses and requirements NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

23. Protest • Contracting should request a post-award debriefing in writing from the Contracting Officer within three (3) days of any award. • A debriefing should be conducted within five (5) days after receipt of the formal request; but is usually scheduled at the mutual convenience time for both parties. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

24. Protest (Con’t) • Once a debriefing had been conducted, the unsuccessful offeror has ten (10) days to file a timely protest with the Government Accounting Office (GAO) or responsible agency. NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”

25. Summary • While Business Development leads capture efforts, winning new and re-competing business is a team effort that depends on the communication and dedication of every person within a company. “Contracts is a vital member of this process” NCMA World Congress 2005 “Prime Time: Contract Management at the Core of the Enterprise”