GSA Expo 2009

1. GSA Expo 2009 Managing Services, What I Need to Know as a COTR Leslie S. Deneault Defense Acquisition University Other Agency Logo

2. Objectives • What Every COTR Should Know • Common Errors • Very Bad Ethical Mistakes • Managing Services Contracts • How DOD is Going to Do Certification and How that will Probably Effect You • Resources

3. What is a COR? The COR’s key role is to: - observe - document and - communicate contractor performance to the contracting officer (KO) and contractor

4. What is a COR? • A Government employee • A technical expert • Qualified by training • Specifically designated in writing • Responsible for specific contract administration functions

5. COR Duties • Know the contract • Work with your contractors • Provide technical direction and guidance • Liaison on technical matters between the KO and the contractor • Support the mission and recommend changes to the KO • Monitor and evaluate performance • Ensure satisfactory, timely, delivery within the financial constraints of the contract

6. COR No No’s • Promise or authorize more work • Get involved with subcontractors • Modify the contract • Disclose source selection information • Divulge budget information • Grant deviations or waivers of contract terms and conditions

7. And ….Number 1 you should: Read The Contract!

9. The Standard Avoid even the appearance of anything less than complete integrity, objectivity, and impartiality Legislation and policies can’t force ethical behavior

10. Unethical Behavior Early Warning Signs • “Everybody does it.” • “Well, maybe just this once…” • “No one will get hurt.” • “No one will notice the difference.” • “I don’t care how, just get it done.” • “We didn’t have this conversation.”

11. Ethical Dilemmas • Your position as a COR places special trust in and responsibility upon you • A few examples where your ethical behavior will be paramount include: • Bribes or gratuities offered in exchange for contract awards • Collusion among the vendor base • Supported organizations attempting to exert undue influence over contract awards

12. Recent Events • AF SSgt accepted $15,000 bribe in exchange for awarding a $373K contract for a cold-storage warehouse • Sentenced to 3 months Confinement, fined $500/month for 35 months, Reduced to E1 • Army Officer Indicted for Bribery – alleged to have received $9.6 million in bribes while a contracting officer in Kuwait • Trial pending • Army Officer shot and killed herself in Baghdad …suicide occurred a day after she admitted to an Army investigator that she had accepted at least $225,000 in bribes • Estate’s assets frozen by federal investigators If you act unethically…you will get caught and pay the price

13. What about the 7 Steps for PBSA? The Official Guidebook of PBA for Services

14. Establish an Integrated Solutions Team • Create an Integrated Project Team! The IPT should have your technical expert, stakeholders, financial person, and acquisition. Be sure to include contracting so that you start off on the right strategy and discuss the requirement. The COTR is frequently the technical expert. You want to be involved in early in the process as possible. COTRS can do a lot more than monitor.

15. LOOK AT NEEDS • Interview all internal and external parties to determine the needs, desired outcome, potential solutions, obstacles. Get Buy IN! • Take notes during the meeting, send them out to everybody. Documentation takes time, but eliminates complaints and issues that may arise. • Try very hard to just think about your needs • not what was done with the last contract

16. Conduct Market Research • Contractual • Research existing contract vehicles to see if they can be used to meet your needs • There are tons of GWACs, MACs, and GSA Schedules out there. Generally, if you look hard enough or ask enough people, you can find somebody else has already done all of the work for you. • If not, then do a source selection. Sole Source is the last choice. • Technical • Research to find out possible solutions and involve your team members in market research • Research the public-sector to see what has worked for your counter-parts in other agencies • Research your industry before structuring the acquisition COMPETITION IS KING! FIND OUT WHATS OUT THERE!

17. Talking to Industry • What if you don’t know what you want? • Industry Day: Provided information to primes and subs. Usually a one-way briefing. Give as much historical information as possible • One on One: The Government releases a draft description of the requirement and opens up the doors to interested parties, helping each side clarify the requirement • Site Surveys: See where the work is going to be performed. If we are providing GFP, let them see it. • Both will increase the quality of your RFP and the contractor proposal and price because competition should increase and industry understands your requirement.

18. Requirements Definition - Developing the PWS • Conduct an analysis. • Capture the results of the analysis in a matrix. • Write the PWS. • Let the contractor solve the problem.

19. Decide how to measure and manage performance • Think about the outcomes rather than the processes • Use the contractors internal quality systems • When selecting the contractor give value to their quality system and past performance • Only measure things that are meaningful, not things because you can

20. How it Fits Into the Sourcing Process Market Research Review Current Strategy • Requirements Roadmap development fits in the Sourcing Process as a key tool to help drive requirements definition Requirements Roadmap Objective Standards AQL Inspection Incentive Mission Need Form the Team Step 1 Step 2 Step 3 Mission Results Rqmts Definition Sourcing Strategy Execute The Strategy Manage Performance Step 4 Step 5 Step 7 Step 6

21. Requirements Roadmap Worksheet

22. Requirements Roadmap for a BOS Acquisition Performance Inspection Desired Outcome Incentive How Often Collected Data Source Tolerance/ AQL Who Objective Standard Calculation Engineering and construction services that support the requirements of the overall base and tenant organizations Maintain and retrieve base infrastructure drawings and documentation Hours of Service support 7am – 6pm Routine drawings retrieved within 8 business hours Priority – within 15 minutes Correct document provided 98% within target 98% within target, 100% within 4 business hours 99% of the time Zero Tolerance for incorrect retrieval resulting in a loss of service (e.g., cut lines) Contractor Contractor Contractor Contractor Request response log; Request submittal time and request delivered time Request response log; Request submittal time and request delivered time Request log Request log Number of drawings retrieved on time/ Total number of drawings requests Number of drawings retrieved on time/ Total number or drawings requests Number of correct document provided /Total number of documents Monthly Monthly Monthly Monthly None None None $100,000 disincentive per incident plus cost of repairs Vision: To effectively and efficiently outsource Base Operating Services that deliver…

23. Sourcing Strategy – Source Selection Process Preparation and Planning Phase Initial Evaluation Phase Award Without Discussions Competitive Range Determination Discussions Phase Final Evaluations Phase Decision Phase

24. Understanding the Selection Process Select the Best Contractor • Significant Evaluation Criteria • Understand the risks in the work • Understand the marketplace • This is the job of a team of people • Should match the Roadmap

25. Execute the Strategy • READ THE CONTRACT • Understand what the winning contractor proposed to do • Understand • Contract Type • What you will be monitoring • Contractor’s Quality Assurance Plan • COR’s Quality Assurance Surveillance Plan • Incentives

26. Manage Performance • Conduct a post-award kick-off meeting with the acquisition team • Ensure all parties including the Program Manager understands contract administration roles and responsibilities • Ensure a COR/COTR is assigned to the contract • Conduct performance assessments and performance evaluations as planned and required • Manage the contract to obtain results!

27. COTR/COR Certification • DOD is doing some things to improve monitoring of contractor performance • All services contracts must have COR. • All COR’s must be trained. • Management review process and acquisition planning for services

28. DOD is writing COR Policy • Policy from above and outside of acquisition • All services contracts must have a COR • COR trained and ready prior to contract award • COR performance part of performance appraisal • New DFAR’s and PGI specify COR responsibility (201.602-2) • Expect new policy to provide a certification program

29. DOD Policy and $ that will probably effect you -DOD COR Competencies will Match OFPP COR Competencies -DAU received $1.4M to build an on-line ~ 40 hr course. Available in July 2010 - Policy will require all commercial providers to become equivalent to the DAU course. That’s means all courses must match the DOD and OFPP Competencies.

30. DOD COR Course T a b l e o f C o n t e n t s Tab 1 Course Introduction Tab 1 Lesson 1 What is a COR? Tab 2 Lesson 2 What Do I Need to Know About Ethics And Integrity? Tab 3 Lesson 3 How Do I Contribute to Planning the Acquisition? Tab 4 Lesson 4 How Am I Involved in Awarding the Contract? Tab 5 Lesson 5 What is My Role in Managing the Contract? Tab 6 Lesson 6 What If I Need to Modify the Contract? Tab 7 Lesson 7 What If the Contract is Changed by Mistake? Tab 8 Lesson 8 What Can I Say and What Should I Document? Tab 9 Lesson 9 How Do I Monitor Performance? Tab 10 Lesson 10 How Do I Handle Issues with a Contractor? Tab 11 Lesson 11 Are There Special Considerations for Service Contracts? Tab 12 Lesson 12 Are There Special Considerations for Construction Contracts? Tab 13 Lesson 13 Are There Special Considerations for R&D Contracts? Tab 14 Lesson 14 Are There Special Considerations for Contingency Contracts? Tab 15 Lesson 15 Lessons Learned and Learning Assets Tab A Ethics and Procurement Integrity Guide Tab B Working with Government Contractors Tab C Glossary

31. DAU and FAI Resources • On-Line, Free, 24/7, Self-Paced, Continuous Learning Modules: http://clc.dau.mil/ or www.fai.gov • CLC 106 COR with a Mission Focus • CLC 013 Performance Based Services Acquisition • CLM 013 Work Breakdown Structure • CLE 003 Technical Reviews • CLC 004 Market Research • CLM 012 Scheduling • CLC 007 Contract Source Selection • CLB 018 Earned Value and Financial Mgt Reports • Plus many more….. • COR Community of Practice: https://acc.dau.cor • Connects you with training, policy, samples, community forum

32. Question and Answer Session

33. Related On-Line Modules

34. Related On-Line Modules