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The 4 Phases of Contract Management. Breakout Session # 302 Beverly Arviso April 14, 2008 1:50pm-2:50pm. Objective. Understanding the four phases of Contract Management Phase I: Due Diligence Phase II: Proposal Preparation Phase III: Contract Performance
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The 4 Phases of Contract Management Breakout Session # 302 Beverly Arviso April 14, 2008 1:50pm-2:50pm
Objective • Understanding the four phases of Contract Management • Phase I: Due Diligence • Phase II: Proposal Preparation • Phase III: Contract Performance • Phase IV: Contract Closeout
PHASE I: DUE DILIGENCE Phase I: Due Diligence can be broken down into three steps Step 1: Defining a Strategic Vision Step 2: Effective Sourcing Step 3: Understanding the Competition and the Market Share
PHASE I: DUE DILIGENCE Step 1: Defining a Strategic Vision Business Concept Vision and Mission Statements Marketing Strategy Management Organization and Strategy Financial Picture and Growth Strategy
PHASE I: DUE DILIGENCE Step 2: Effective Sourcing Source opportunities based on strategic vision Expand existing customer relationships Identify new opportunities Teaming partners Small Business Advocates Attend trade organizations Register for opportunities Attend industry days, pre-solicitation conferences, respond to draft RFIs, etc. Bid/No Bid Process
PHASE 1: DUE DILIGENCE Step 3: Understanding the Competition and Market Share Teaming Arrangements Mentoring Opportunities Joint Venture Opportunities
PHASE 1: DUE DILIGENCE Key Elements of a Teaming Agreement Purpose of the agreement (often limited scope) Legal effect of the agreement Roles and responsibilities of each party to the agreement Restrictions on the solicitation of employees Exclusivity Protection of proprietary information Duration of agreement Termination provisions
PHASE 2: PROPOSAL PREPARATION Proposal preparation can be broken into 3 steps Step 1: Define the proposal team Step 2: Write the Proposal Step 3: Proposal Submission
PHASE 2: PROPOSAL PREPARATION Step 1: Define the proposal team Attempt to have a process that is pre-defined to determine Who will be on your proposal team Don’t forget about teaming partners Roles and responsibilities of each team member
PHASE 2: PROPOSAL PREPARATION Step 2: Write the Proposal Start writing before the opportunity exists How? Begin discussions on procurement strategy/win themes Identify critical milestones Prepare Templates Project Plan Timeline
PHASE 2: PROPOSAL PREPARATION Step 2: Write the Proposal Upon release of RFP Read RFP SEVERAL times with several sets of eyes Focus on Statement of Work Invoicing and Payment Contract Type Ask questions/clarifications of the government if permitted and within timeframe permitted
PHASE 2: PROPOSAL PREPARATION Prepare compliance matrix Hold proposal kick-off meeting Refine/finalize procurement strategy/win theme Identify critical milestones and due dates Provide formats/templates
PHASE 2: PROPOSAL PREPARATION Step 3: Proposal Submission Helpful Hints and Tips Pay attention to due dates and times Pay attention to any special hand carried or other delivery instructions Review the solicitation posting daily Update compliance matrix to reflect any amendments Have independent party review proposal against compliance matrix
PHASE 2: PROPOSAL PREPARATION To avoid math errors or other inconsistencies Use rounding formulas in all calculations Ensure someone other than the price proposal preparer prints out and manually checks proposal on a calculator On-line submissions Ensure your firm is registered and able to post its proposal on the web site Do a test drive if permitted Don’t wait until the last minute After submission, print out a copy of the web site delivery notification/receipt Delivery Receipts Email – use read receipt Hand carried – prepare a delivery receipt and obtain signature, date, and time of delivery from person accepting your proposal package
PHASE 3: CONTRACT PERFORMANCE Contract Performance can be broken into 3 steps Step 1: Request a Debrief Step 2: Conduct a Contract Award Meeting Step 3: Contract Administration
PHASE 3: CONTRACT PERFORMANCE Step 1: Request a Debrief FAR 15.505 Preaward Debrief Offerors excluded from competitive range or otherwise excluded from competition Submit request in writing to the contracting officer within 3 days after receipt of the notice from exclusion from the competition The Preaward Debrief shall include The agency’s evaluation of significant elements of the offeror’s proposal A summary of rationale for eliminating the offeror from competition, and Reasonable responses to relevant questions
PHASE 3: CONTRACT PERFORMANCE The Preaward Debrief shall NOT disclose Number of offerors Identity of the offerors Content of other offeror’s proposals Ranking of the offerors The evaluation of other offerors FAR 15.506 Postaward Debrief Submit request in writing to the contracting officer within 3 days after receipt of the notice of contract award Debrief should occur within 5 days after receipt of written request
PHASE 3: CONTRACT PERFORMANCE The Postaward Debrief should include The government’s evaluation of the significant weaknesses or deficiencies in the proposal The overall evaluated cost or price and technical rating of the successful offeror and the debriefed offeror Past performance information on the debriefed offeror Summary of the rationale for award Reasonable responses to relevant questions The Postaward Debrief shall NOT disclose Point-by-point comparisons of the debriefed offeror’s proposal with those of other offerors Trade secrets Privileged or confidential information The names of individuals providing references about an offeror’s past performance
PHASE 3: CONTRACT PERFORMANCE Request a debrief whether you win or lose Consider bringing teammates
PHASE 3: CONTRACT PERFORMANCE Step 2: Conduct a Contract Award Meeting Pre-defined corporate policy that Can vary by complexity of procurement Defines the meeting attendees Defines the roles and responsibilities of attendees Preparation of contract brief Inclusion of teammates
PHASE 3: CONTRACT PERFORMANCE Consider including the following items on the agenda A discussion of the type of work to be performed How the contract should be set up in the accounting system for tracking and reporting purposes How time charging will occur Who can charge to the contract and under what labor categories and/or hours constraints What the invoice and budgeting requirements are Who will monitor, track, and report deliverable requirements Government furnished and/or government acquired property needs Contract period of performance Subcontracted dollars Contract funding and value limitations
PHASE 3: CONTRACT PERFORMANCE Step 3: Contract Administration Information Sharing Web access 24x7 Include RFP All volumes of the proposal Contract and all contract modifications Contract brief Deliverables and a deliverable tracking database Invoices Project status reports Budget vs. actual reports
PHASE 3: CONTRACT PERFORMANCE Frequent meetings with team Consider coinciding with invoice cycle Review deliverable requirements Review time charging and invoices for accuracy prior to invoice submission Review project status reports Review budget vs. actual reports Tailor meeting to complexity of contract
PHASE 4: CONTRACT CLOSEOUT Contract Closeout can be broken into 3 steps Step 1: Identification of the Closeout Team Step 2: Understanding the Time Standards and Triggering Events for Contract Closeout Step 3: Closeout the Contract
PHASE 4: CONTRACT CLOSEOUT Step 1: Identification of the Closeout Team External parties Internal parties Closeout is about more than just getting paid
PHASE 4: CONTRACT CLOSEOUT Step 2: Understanding the Time Standards and Triggering Events for Contract Closeout FAR 4.801-1 Time Standards for closing contract files Simplified acquisition Closed when evidence of receipt of property and final payment are received by the contracting officer Firm Fixed Price Contracts (other than simplified acquisition) Closed within 6 months after the date the contracting officer receives evidence of physical completion
PHASE 4: CONTRACT CLOSEOUT Files for contracts requiring settlement of indirect rates Closed within 36 months in which the contracting officer receives evidence of physical completion Files for all other contracts Closed within 20 months in which the contracting officer receives evidence of physical completion A contract file shall not be closed if the contract is In litigation Under appeal In the case of a termination, until all termination actions are complete
PHASE 4: CONTRACT CLOSEOUT Contract closeout is triggered by physical completion of the contract Per FAR 4.804-4, a contract is physically complete when All required deliveries are complete and the Government has inspected and accepted the supplies All services have been performed and the Government has accepted those services All option provisions, if any, have expired, or The Government has given the contractor notice of complete contract termination
PHASE 4: CONTRACT CLOSEOUT Step 3: Closeout the Contract Expedite (especially if you are due money) Value of money due decreases with time Administrative burden