2. MEET THE TEACHER
• James Concannon, MSA
• FAC C Level III Contracting Officer
• Held Unlimited Senior Warrants in both
Repair, Alteration and Construction branch
(PBS) and Supply and Services branch
(FAS) of GSA
• Buyer for the Defense Logistics Agency
• Instructor for the Graduate School USA and
Federally Employed Women
• 32 years of federal government procurement
experience, most of those as a Team Leader
cc: Mrs4duh - https://www.flickr.com/photos/33118900@N07
4. • Your Name
• Your Agency/location
• Your Job duties
• Your Level of experience
Introductions
10Comprehensive COR Workshop
cc: quinn.anya - https://www.flickr.com/photos/53326337@N00
5. COURSE OBJECTIVES
• Importance of strategic planning and
analysis
• Importance of available resources in
planning
• Methods of locating and qualifying
sources
• Processes, procedures, documents
and terms for soliciting contracts
cc: ohsnappepe - https://www.flickr.com/photos/77422397@N06
6. THE COURSE WILL COVER
• Role of procurement
• Fundamentals of strategic planning
• Strategic procurement planning
(SP2)
• Planning for service contracting
• Planning for combination
service/product procurements
7. AND….
• Knowing what is needed
• Procurement as a team activity
• Identifying procurement risks
• Budgeting and approvals
• Goals of strategic sourcing
• Methods of identifying sources
• Sourcing strategy
• Market research
cc: 401(K) 2013 - https://www.flickr.com/photos/68751915@N05
8. AS WELL AS…
• The importance of specifications
• Types of specifications
• Standards and the standardization
process
• Writing specifications and statements of
work
• Sources of specifications
• Legal issues
• Administrative instructions
• General terms and conditions
• Special terms and conditions
cc: danielmoyle - https://www.flickr.com/photos/56844027@N05
9. Plus…
• Essential elements of documents
• Optional elements of documents
• Checklists for completion
• Conflicts of interest
• Supporting information
• Competition’s value and obstacles
• The impact of electronic technology on
planning and sourcing
• Partnering
cc: cybrarian77 - https://www.flickr.com/photos/63132390@N05
10. BUT THERE’S MORE
• The need for formal planning,
sourcing and evaluation strategies
• The importance of procurement in
the public sector
• Moving beyond the details of the
process
cc: University of Saskatchewan - https://www.flickr.com/photos/34146973@N04
11. PAST PERCEPTIONS OF PROCUREMENT
• Clerical, service function
• Gatekeeper
• Bureaucratic
• Rule Driven
• Obstacle to be overcome
cc: Great Beyond - https://www.flickr.com/photos/26104563@N00
12. WHO IS RESPONSIBLE?
• From FAR 1.602-2, Responsibilities.
• Contracting officers are responsible
for ensuring performance of all
necessary actions for effective
contracting, ensuring compliance with
the terms of the contract, and
safeguarding the interests of the
United States in its contractual
relationships.
cc: WordRidden - https://www.flickr.com/photos/97844767@N00
13. NEW PERCEPTION OF ACQUISITION
• Cost reduction
• Cost avoidance (Category
Management)
• Customer services (Spend Analysis)
• Continuity of supply
• Insures quality
• Strategic partner
• Expert Support (Assisted Acquisition)
cc: CarbonNYC [in SF!] - https://www.flickr.com/photos/15923063@N00
14. THE CURRENT ENVIRONMENT
• Changing, diverse marketplace
• Globalization
• Budget tightening and
downsizing
• Higher expectations of public
service
• Technological innovations
15. TRENDS
• Electronic sourcing
• Cloud
• Category Management
• Third parties (FedBid)
cc: Daniel Kulinski - https://www.flickr.com/photos/7729940@N06
16. WHAT IS A SUCCESSFUL PROCUREMENT?
• Supports strategic plans
• Driven by preferred outcomes
• Gets best value
• Timely
• Reduces administrative burden
• Expedites routine purchases
• Encourages competition
• Attracts quality suppliers
cc: StockMonkeys.com - https://www.flickr.com/photos/86530412@N02
17. ROLES OF PROCUREMENT
• Directors/Branch Chiefs
• Management/Staff
• Line (Contract Specialists)
• Buyers (Credit Card Holders)
cc: NASA Goddard Space Flight Center - https://www.flickr.com/photos/35278629@N08
18. PROCUREMENT RESPONSIBILITIES
• Strategic planning
• Budget implementation
• Specifications and requirement
development (if there is engineering
or tech staff)
• Source selection
• Purchasing and contracting
• Supervising Receiving, inspection
and quality control
cc: downhilldom1984 - https://www.flickr.com/photos/37008167@N06
19. WHY PLAN?
• Plan your work, then work your plan
• Identify functions
• Identify direction
• Establish decision criteria
• Allocate resources
• Monitor performance
• Evaluate effectiveness
cc: FutUndBeidl - https://www.flickr.com/photos/61423903@N06
24. How to Reach a Goal
• Typical goal – lose weight
• Goal – lose weight – how much?
Write it down – written goal
• Now, outline a plan to reach the goal
– a written goal with an action plan
• Next, review the plan regularly to
check progress – goal reviews
• Finally, appoint someone (or thing)
to report your progress to – goal
reviews with accountability
• Source 20 Retirement Decisions You Need to Make Right now by Ray E Levitre
30. NVIRONMENT FOR STRATEGIC PLANNIN
• Leadership
• Planning framework & process
• Effective internal/external
communication
• Control and responsibility
• Measurable performance
measures
cc: poptech - https://www.flickr.com/photos/40287103@N07
31. LIMITS OF STRATEGIC PLANNING
• Lack of commitment
• Failure to develop/implement sound
strategies
• Lack of meaningful goals/objectives
• Rational and creative process
• Excess reliance on past
• Failure to identify critical factors
• Lack of clear delegation, control,
and/or information
• Resistance to change
cc: Lenny Flank - https://www.flickr.com/photos/63232896@N00
32. FACTORS INFLUENCING PLANNING
• Sophistication of process
• Dependence on goods and services
• Top management view of
procurement
• Status of procurement development
• Professionals’ ability to shift from
tactical to strategic role
cc: Mesq - https://www.flickr.com/photos/85517171@N00
33. STRATEGIC PROCUREMENT PLANNING
• Profile of baseline information
• Risks
• Markets
• Forecasts
• Capacity of procurement
department
• Procurement performance
measures
cc: pamhule - https://www.flickr.com/photos/58571789@N00
34. PROCUREMENT PLANNING TEAM
• Procurement
• Budget
• Using departments (Program
Manager)
• Legal
• Finance
• Information technology
cc: kenteegardin - https://www.flickr.com/photos/26373139@N08
35. STRATEGIC PROCUREMENT APPROACH
• Impact of value-chain
• Meeting organizational goals
(Mission)
• Identifying right good/service
• Reviewing need
• Selecting sources
• Achieve specific goal/objective
cc: DennisM2 - https://www.flickr.com/photos/14674348@N04
41. CLASSIFICATION OF FUNDS
• Governmental
• General (Operating)
• Special revenue (Project Specific)
• Capital (Building, Equipment)
• Multi-year vs. No Year
• Color of Money
• Beware of Anti-Deficiency
• Fiduciary Responsibility of the CO
• Custodian of Taxpayers funding
cc: 401(K) 2013 - https://www.flickr.com/photos/68751915@N05
43. FUNDING TYPES
• Operating
• Appropriations
• Expenditures
• Fees
• Capital
• Infrastructure
• Infrequent
• Long term
cc: c_ambler - https://www.flickr.com/photos/13600186@N06
44. FORECASTING
• Know what you are going to need and
plan for it
• Fixed period
• Divide total usage by length of fixed
period (ex. 100K copies/12
months*.01/page = $83.33/month)
• Use current data from immediate past
period, longer periods should be more
accurate
cc: manoftaste.de - https://www.flickr.com/photos/96913861@N04
45. MORE FORECASTING
• Determine future needs
• Examine opportunities
• Survey market
• Review price indices & histories
• Review lead times
• Understand current & past trends
cc: Images_of_Money - https://www.flickr.com/photos/59937401@N07
46. RATIONAL DECISION MAKING
• Define the problem, characterizing the
general purpose of your decision.
• Identify the criteria, specifying the goals
or objectives that you want to be able to
accomplish.
• Weight the criteria, deciding the relative
importance of the goals.
• Generate alternatives, identifying
possible courses of action that might
accomplish your various goals.
cc: Dean Hochman - https://www.flickr.com/photos/17997843@N02
47. RATIONAL DECISION MAKING
• Rate each alternative on each criterion,
assessing the extent to which each
action would accomplish each goal.
• Compute the optimal decision,
evaluating each alternative by
multiplying the expected effectiveness of
each alternative with respect to a
criterion times the weight of the criterion,
then adding up the expected value of the
alternative with respect to all criteria.
• Use this method to document sensitive
or high visibity procurements
cc: NASA Goddard Photo and Video - https://www.flickr.com/photos/24662369@N07
48. RATIONAL DECISION MODEL
• Greatest benefit for dollars expended
• Inter-sector efficiency
• Public vs private delivery (Inherently
governmental?)
• Inter-program efficiency
• Evaluate competing programs
• Intra-program efficiency
• Combine resources for maximum
benefit
cc: lambdageek - https://www.flickr.com/photos/33383937@N00
50. REQUIREMENT CHARACTERISTICS
• Compliance evaluation
• How to measure completion
• Regulatory
• Administrative and contractual elements
• Mandatory Guidance
• Required
• Another agency’s regulations
• Priority
• Order of preference for requirements
cc: billsoPHOTO - https://www.flickr.com/photos/8852942@N08
51. REQUIREMENT CHARACTERISTICS
• Primary
• Unambiguous specification
• Derived
• More flexible; accepts deviations within
original scope
• Qualitative
• Subjective; value laden
• Quantitative
• Identifies measurable performance
expectations
• Task
• What is being provided
cc: freddy - https://www.flickr.com/photos/41894173046@N01
52. REQUIREMENT ISSUES
• Relationships
• Interdependence or interaction
• Hierarchy of elements, components,
interfaces
• Descriptions
• Need statement
• Solution statement
• What, not how
• Quality
• Program-specific
• Options acceptable
• Not ambiguous
cc: Kalense Kid - https://www.flickr.com/photos/19232773@N00
53. OBJECTIVES
• The importance of specifications
• Types of specifications
• Standards and the standardization
process
• Writing specifications and
statements of work
• Sources of specifications
cc: quapan - https://www.flickr.com/photos/9361468@N05
54. DEFINE CUSTOMER NEEDS
• Coordinate with users
• Recognize (5 W’s)
• Describe
• Budget
• Market analysis
• Information and research
cc: Ian Sane - https://www.flickr.com/photos/31246066@N04
55. SPECIFICATION DEFINED
“A precise description of the physical or
functional characteristics of a product,
good or construction item. A description
of goods as opposed to a description of
services. A description of what the
purchaser seeks to buy and what a
bidder must be responsive to in order
to be considered for award of a
contract.”
Source: The Public Procurement
Dictionary of Terms, 2008
cc: Loco Steve - https://www.flickr.com/photos/36989019@N08
56. WHY SPECIFICATIONS ARE IMPORTANT
• Fairness
• Equity
• Transparency
• Provide maximum competition
• Reduce cost
• Avoid disputes
• Save time
cc: oooh.oooh - https://www.flickr.com/photos/24436943@N00
57. WRITING TECHNICAL SPECIFICATION
• Identify precisely what is to be
purchased
• Accommodate evaluation
• Assist suppliers in preparing offers
• Reflect only essential requirements
• Establish minimum and maximum
limits
• Promote open, fair, equal and
transparent
• Competition
• Establish quality standards
cc: Klardrommar - https://www.flickr.com/photos/24283519@N03
58. SPECIFICATION DO’S AND DON’TS
• Don’t: Include terms and
conditions
• Do: Be relevant
• Do: Be unambiguous
• Do: Describe process and use
• Do: Provide for testing,
acceptance and rejection
cc: quinn.anya - https://www.flickr.com/photos/53326337@N00
59. SPECIFICATION DO’S AND DON’TS
• Do: Provide tolerances
• Do: Minimize extraneous costs
• Do: Use terminology of target
market
• Do: Identify physical, functional
and quality characteristics
• Do: Identify speed, power, output
or grade
cc: Tim Pierce - https://www.flickr.com/photos/48439369@N00
60. ATTRIBUTES OF SPECIFICATIONS
• General description
• Number of units and limitations
• Specific make or model
• “Equal to” specific brand, make or
model
• Size, weight, etc.
• Component characteristics
• Material composition
cc: HeavyWeightGeek - https://www.flickr.com/photos/7780044@N06
61. ATTRIBUTES OF SPECIFICATIONS
• Assembly or construction
• Output characteristics and
performance
• Engineering drawings
• Method of testing
• Industry standards
• Standard grades
• Prototype sample
• Tolerance
• Appearance and finish
cc: Seattle Municipal Archives - https://www.flickr.com/photos/24256351@N04
63. TYPES OF SPECIFICATIONS
• Industry standard (generic)
• •Products that are available without brand name
• Market grade
• •Rated on pre-determined benchmarks
• Material and manufacturing method
• •Specific materials and precise manufacturing
process
• prescribed
• Tolerances
• •Acceptable deviations
• Part drawing/part specification
• •Drawings explained in text
• Finishes
• •Statement of specific look, feel or appearance
•
cc: Leo Reynolds - https://www.flickr.com/photos/49968232@N00
65. Standard Defined
“Level of quality accepted as
norm; a level of quality or
excellence that is accepted as
the norm or by which actual
attainments are judged.”
Source: The Public Procurement
Dictionary of Terms, 2008
cc: pareeerica - https://www.flickr.com/photos/8078381@N03
66. STANDARDS
• Similar products used repetitively
• Similar conditions
• Similar functions
• Similar applications
• Similar characteristics
• Subject to mass production
• Available on short notice
cc: · · · — — — · · · - https://www.flickr.com/photos/42439038@N00
67. STANDARDIZATION PROGRAM
• Methodology and process
• Establishes physical and functional
• characteristics
• Reflects uniform or common
appearance, application or
functionality
• Simplifies inventory
cc: NYCMarines - https://www.flickr.com/photos/38533509@N05
68. TANDARDIZATION BENEFIT
• Fewer varieties
• Larger quantities
• Volume discounts
• Reduces time for sourcing and
competing
• Reduces inventory
• Better inventory control
• Reduces operational and
administrative costs
cc: ninahale - https://www.flickr.com/photos/94693506@N00
69. STANDARDS ORGANIZATIONS
• Develop internationally agreed product
standards
• •Underwriters Laboratories (UL)
• •Canadian Standards Association (CSA)
• •American National Standards Institute
(ANSI)
• •International Organization for
Standardization (ISO)
• •ASTM International (Materials
standards and testing)
cc: ruurmo - https://www.flickr.com/photos/81752595@N00
70. STANDARDS COMMITTEE
• Identify, evaluate and select
products and components for
organization’s overall
requirements
• Broad-based membership
• Formed by policy or charter
• Has top-level support
cc: Jonathan Thorne CC - https://www.flickr.com/photos/69356033@N00
71. TYPES OF SPECIFICATIONS
• Design
• Performance
• Combination
• Brand name or approved equal
• Qualified products list (QPL)
• Regulatory and testing agency
• Restrictive (proprietary)
cc: jaudrius - https://www.flickr.com/photos/99129638@N00
74. THE KEY TO QUALITY ACQUISITION
• Begins with end user
• Accurate and concise description
of product
• or service
• Suppliers rely on description
• Must be reasonable; not overly
restrictive
• Must allow for competition
cc: Ian Sane - https://www.flickr.com/photos/31246066@N04
75. Best Value
“an assessment of the return which can be
achieved based on the total life cycle cost of
the item; may include an assessment of the
functionality of the item; can use cost/benefit
analysis to define the best combinations of
quality, services, time and cost considerations
over the useful life of the acquired item. A
procurement method that emphasizes value
over price. The best value might not be the
lowest cost.”
Source: Public Procurement Dictionary of
Terms, 2008
cc: fionaandneil - https://www.flickr.com/photos/12341171@N06
76. Statement of Work Defined
“The portion of a contract or Request for
Proposal that describes specifically what is
to be done by the contractor. It may include
specifications, performance outcomes,
dates and time of performance, quality
requirements, etc.”
Source: The Public Procurement Dictionary
of Terms, 2008</div>
cc: f∞lish kamina - https://www.flickr.com/photos/19696550@N04
77. WRITING STATEMENT OF WORK
• Purchasing, end user and support
functions collaborate
• Objectives identified
• Quantitative background information
provided
• Specific outcomes or deliverables
defined
• Evaluation criteria established
• Schedule for completion included
• Address administrative and legal issues
cc: ♥ jules - https://www.flickr.com/photos/73175123@N02
78. VALUE ANALYSIS
• Value is lowest end cost to
accomplish a function
• Establish cross-functional team
• Accumulate facts
• Identify knowledge required
• Efficient knowledge search
• Apply creative skills
• Apply precise evaluation skills
cc: Q u e n t i n ² - https://www.flickr.com/photos/27704102@N03
79. Value Analysis
“An organized effort directed at analyzing
the functions of a product or service
including specifications, standards,
practices and procedures with the intent to
satisfy the required functions at the lowest
possible cost without impacting functional
need and suitability.”
Public Procurement Dictionary of Terms,
2008</div>
cc: zhouxuan12345678 - https://www.flickr.com/photos/53921113@N02
81. Value Engineering
“A technique by which contractors may
(1) voluntarily suggest methods for
performing more economically and may
share in any resulting savings or (2) be
required to establish a program or
identify and submit methods for
performing more economically.”
Public Procurement Dictionary of Terms,
2008
cc: sniggie - https://www.flickr.com/photos/16943730@N00
83. GOALS OF PROCUREMENT PROCESS
• Equity
• Integrity
• Efficiency
• Economy
• Transparency
cc: contemplativechristian - https://www.flickr.com/photos/23852851@N07
84. BUYING PLAN
• Plan for each major category
• Timing
• Market stability
• Analyze demand
• Analyze supply
• Know sources
cc: Thomas Hawk - https://www.flickr.com/photos/51035555243@N01
85. GOALS OF PROCUREMENT PROCESS
• Delegation of authority
• Law of Agency
• Accountability
• Promotion of domestic industry
• Foster socio-economic objectives
• Reliability
• Effectiveness
cc: SeeMidTN.com (aka Brent) - https://www.flickr.com/photos/94502827@N00
86. IRST ACTIONS BY PURCHASIN
• Review cost center and accounting
information
• Affirm spending authority
• Review terms and conditions,
desirable
• requirements, delivery, etc.
• Review feasibility of solicitation
process
• Dictated by policy and procedures
cc: Robert Scoble - https://www.flickr.com/photos/35034363287@N01
87. OBJECTIVES
• Goals of strategic sourcing
• Methods of identifying sources
• Sourcing strategy
• Market research
• Partnering
cc: Paco CT - https://www.flickr.com/photos/71088059@N00
88. MARKET RESEARCH
• Collect and analyze information
• Availability of suitable items
• Common practices
• Legal/regulatory requirements
• Reliability of product
• Distribution and support
• Capabilities of companies
• Best time for solicitation
cc: heipei - https://www.flickr.com/photos/97859317@N00
89. MARKET RESEARCH TOOLS
• Historical Prices Paid (Best)
• •Low Risk, the price was already
determined F&R by a
• CO
• •May not exist if it is a unique project
• •GSA Advantage
• Price databases – Price Point
• • https://gsa.xsb.com/
• CALC – GSA’s Professional Services
hourly rate database
• Google
cc: sylvar - https://www.flickr.com/photos/44124401501@N01
91. SOURCING QUESTIONS
• Multiple suppliers?
• Delegated authority and value of
• procurement?
• Amount of risk/uncertainty?
• Availability of specifications?
• Need by date?
cc: InnerCore - https://www.flickr.com/photos/27935298@N03
92. ELEMENTS OF SOURCING MODEL
• Cost
• Complexity
• Uncertainty
• Risk
• Supplier availability
cc: CIMMYT - https://www.flickr.com/photos/44760652@N05
94. METHODS OF SELECTING SOURCE
• Request for proposal (RFP)
• •High cost/high risk
• Invitation to negotiate
• •High cost/high risk
• Request for information (RFI)/expression of
intent (REI)
• •High cost/high risk
• Request for statement of qualifications
(RFSQ)
• •Low cost/low risk
• Request/invitation for quotations (IFQ/RFQ)
• Low cost/low risk
cc: haynie.thomas36 - https://www.flickr.com/photos/132832534@N03
95. LOCATING SOURCES
• Qualified vendor list
• Published directories
• Industry publications
• Sales literature
• Word of mouth
• Vendor expos
• Internet research
cc: Alexandra*Rae - https://www.flickr.com/photos/22261474@N08
96. CREATING SUPPLIER LIST
• Commodity code/classification
• •Suppliers listed by items furnished
(SAM)
• Self registry
• •Supplier volunteers company
information
• Pre-qualification
• •Procurement office seeks company
information
cc: Glyn Lowe Photoworks. - https://www.flickr.com/photos/65354164@N02
97. SUPPLIER INFORMATION
• Company size
• Past experience
• Financial stability
• Management
• Procedures
• Bonding capacity
• References
• Locations
• Key individuals
• Socio-economic status
• Commodities/services furnished
99. OBJECTIVES
• Competition’s value and obstacles
• The impact of electronic technology on
planning and sourcing
• The need for formal planning, sourcing
and evaluation strategies
• The importance of procurement in the
public sector
• Moving beyond the details of the
process
cc: Bogdan Suditu - https://www.flickr.com/photos/8726888@N08
100. STRATEGIC PROCUREMENT PLAN
• Involves relevant stakeholders
• Practical, action-oriented
• Examines internal and external
factors
• Allocates resources
• Identifies challenges
• Assigns responsibility
• Establishes evaluation and
monitoring process
cc: Michele Ficara Manganelli - https://www.flickr.com/photos/23471159@N06
101. VALUE OF COMPETITION
• A fiduciary responsibility
• Public scrutiny of government
spending
• Fairness to the supplier community
• Learn about new products and
services
• Encourage socially and economically
disadvantaged to participate in
marketplace
cc: AdamKR - https://www.flickr.com/photos/15593996@N08
102. COMPETITION NEEDS
• Full disclosure of public needs
• Award based on information in
solicitation
• Fair treatment of all participants
• Avoid bias and conflicts of interest
• Professionals dedicated to the public
interest
• Objective evaluation and rejection
based on stated criteria
cc: ktgeek - https://www.flickr.com/photos/33003841@N00
103. ARRIERS TO COMPETITIO
• Inadequate market research
• Pre-selection of suppliers
• Lack of planning
• Unauthorized commitments
• No independent/arms length
transaction
• Comfort with previous suppliers
• Collusion and fraud
cc: MattysFlicks - https://www.flickr.com/photos/68397968@N07
104. OBJECTIVES
• Legal issues
• Administrative instructions
• General terms and conditions
• Special terms and conditions
105. COMPARISON OF PUBLIC AND PRIVATE CONTRACTS
• Private
• •Prepared document presented by one
party
• •Each party sends document with differing
conditions
• •Both parties negotiate to define terms
• Public
• •Purchase order sent based on vendor
prices
• •Solicitation includes terms and conditions
• •Negotiation on limited number of issues
cc: matthewreid - https://www.flickr.com/photos/25630000@N05
106. SOURCING DOCUMENT
• Instructions to bidders
• General terms and conditions
• Special terms and conditions
• Specifications/Statement of Work
• Response form
• Appendices
cc: Filippo C - https://www.flickr.com/photos/83513840@N00
107. GENERAL TERMS AND CONDITIONS
• Governing law and compliance
• Safety and health
• Ownership & intellectual property
• Disclosure, confidentiality and public
information
• Indemnity
• Policy compliance
• Infringement
cc: Sir. Mo - https://www.flickr.com/photos/33791380@N08
110. COMMON TERMS
• Amendments and withdrawals
• Error in response
• Error in pricing
• Dispute resolution
• Disqualification
• Termination for convenience
• Performance and default
cc: Horia Varlan - https://www.flickr.com/photos/10361931@N06
111. SPECIAL TERMS AND CONDITIONS
• Unique to a specific solicitation
• Pricing
• Cost reimbursement
• Method of award
• Risk management
• Financial
• Shipping and Delivery
• Performance
• Reporting
• Warranty
• Product-related
• Other administrative issues
cc: snacktime2007 - https://www.flickr.com/photos/53282124@N00
112. EXAMPLES OF SPECIAL TERMS AND CONDITIONS
• Leasing
• Hazmat Testing
• FAA Compliance
• Local Ordinances and Codes
• Fire and Life Safety
• Environmental Preservation
• Sound and Light Pollution
Minimization
cc: Presidio of Monterey: DLIFLC & USAG - https://www.flickr.com/photos/38345529@N05
113. TERMS AND CONDITIONS SOURCES IN LAW
• Common law
• Uniform Commercial Code
(UCC)
• Public Contract Law and Code
of Federal Regulations
cc: Scott* - https://www.flickr.com/photos/83049159@N00
114. METHODS OF SOLICITATIO
• Competitive quotations
• •Lower dollar threshold
• •Smaller quantity
• •Less formal
• Competitive sealed bids
• •Higher dollar threshold
• •More complex requirement
• •Formal steps
• •More time
cc: 401(K) 2013 - https://www.flickr.com/photos/68751915@N05
115. METHODS OF SOLICITATIO
• Competitive sealed proposals
• •Complex procedures
• •Lengthy process
• •For technical or high value requirements
• •Negotiation
• Sole source
• •When competition determined not available
• Small purchases
• •Low dollar threshold
• •Informal procedures and processes
• •Delegated to user
cc: ScoRDS - https://www.flickr.com/photos/61005109@N06
116. ARTNERSHIP CONSIDERATION
• Core (inherently government) or
auxiliary service
• Hard vs. soft skills
• Stand-alone or inter-related
• Industry segmentation
• Private sector interest
• Private sector competitiveness
• In-house interest/competitiveness
• Political pressures
cc: worldwaterweek - https://www.flickr.com/photos/53569401@N04
117. SOLICITATION PROCESS
• User identifies need
• Specific requirements identified
• Requirements approved by
authorized official
• Funding source verified
• Purchase request submitted
cc: davide.tarasconi - https://www.flickr.com/photos/35761379@N00
118. TYPES OF CONTRACTS
• Fixed price
• Purchase orders
• Cost reimbursable
cc: ewen and donabel - https://www.flickr.com/photos/85979850@N00
120. TERM CONTRACTS
• Based on historical data
• Large quantities
• Repetitively used items
• Source delivers as needed over time
• Users order directly from supplier
• Alternative to warehousing
cc: Uli Harder - https://www.flickr.com/photos/54037354@N00
121. URCHASE OR DELIVERY ORDER
• One-time purchase
• Small requirements
• Unusual circumstance
• Emergency
• Volatile market
• Timing is important
cc: sean dreilinger - https://www.flickr.com/photos/43927576@N00
122. DEALING WITH THE SERVICE CONTRACT ACT
• Exempt (Professional) vs. Non-
Exempt (Wage Grade)
Employees
• Non-Exempt Employees must be
• paid at a minimum the wage rate
listed on the Federal wage rates
http://wdol.gov/dba.aspx
cc: Roger Blackwell - https://www.flickr.com/photos/10630857@N04
123. RFQ’S, RFPS, RFIS
• RFQ is usually used for purchasing
products. It’s used for stand alone, less
than SAT procurements and schedule
buys, requires SOW for service over
$2500
• RFP is used for services, contains a
SOW, it seeks a total cost for services,
and is more detailed than an RFQ
• RFI seeks information, not funded
cc: vxla - https://www.flickr.com/photos/14812197@N00
124. OBJECTIVES
• Essential elements of documents
• Optional elements of documents
• Checklists for completion
• Conflicts of interest
• Supporting information
cc: Daniel Kulinski - https://www.flickr.com/photos/7729940@N06
125. SEALED PROPOSAL ISSUES
• Competitors may offer modifications
of content and price before award
• Parties may negotiate within scope
of RFP and response
• Process takes time
• Decision must be based on pre-
published criteria
• Price considered along with other
pre-established factors
cc: zappowbang - https://www.flickr.com/photos/72794895@N00
126. ID/PROPOSAL CLARIFICATIO
• Pre-Bid Conference
• •Announced in solicitation document
• •Clarify specifications
• •Allow inspection of work site
• Pre-Proposal Conference
• •Discuss scope, objectives and
techniques
• •Clarify issues with scope of work
• •Allow Recommendations for
improvement
• •Assure request is competitiive
cc: Derek K. Miller - https://www.flickr.com/photos/95601478@N00
127. UNAMBIGUOUS DOCUMENTS
• Requirements stated plainly,
logically and chronologically
• Include graphics
• No jargon
• “Shall” for mandatory; “May” for
optional
• Active voice
• Verbs identify activity clearly:
“analyze,” “attend,” “audit
cc: ilConte - https://www.flickr.com/photos/67165432@N00
128. UNAMBIGUOUS DOCUMENTS
• Avoid “and/or,” “any” and “either”
because of possible conflict with intent
• Replace pronouns and nouns that may
be misinterpreted
• Be consistent with technical terms
• Avoid catch-all phrases
• Spell out acronyms and abbreviations
the first time used with abbreviated
version in parentheses
• Eliminate loopholes and ambiguities
cc: jon.t - https://www.flickr.com/photos/8402476@N04
129. COMPONENTS OF PROPOSAL FORMAT
• Instructions
• •Number of copies
• •List of pages where signature required
• •List of affidavits
• •Implications of late submission
• Cover letter
• •Overview of submission
• Technical proposal
• •Details of offer to provide requested
goods/services
• Proposed pricing
• •Complete details of price to furnish items
requested
cc: tobiastoft - https://www.flickr.com/photos/30656616@N02
130. COMPONENTS OF PROPOSAL FORMAT
• Exceptions and variances
• •Bidder must identify all deviations
from entity’s
• request
• Required attachments
• •Certificates of insurance
• •Bonds
• Conflict of interest form
• •Statement of non-collusion with
other bidders
cc: colemama - https://www.flickr.com/photos/33901022@N00
131. Conflict of Interest
“A clash between the public interest and the
private pecuniary interest of the individual
concerned....situations where contractors or
public officials may obtain a benefit from a
public contract....may result in a breach of
ethics or ethical code. Actual or Perceived
Conflict of Interest: Any action, decision or
recommendation by an agent or public
official... (perceived to be of) private pecuniary
benefit or detriment of the person or person’s
relative.”
cc: CarbonNYC [in SF!] - https://www.flickr.com/photos/15923063@N00
132. OPTIONAL COMPONENTS
• Executive summary
• Bidder profile and information
• Project approach and work plan
• Sub-contracting and alliances
• List of sub-contractors
cc: We have moved! Please visit /highwaysengland - https://www.flickr.com/photos/45393120@N07
134. PRE RFP CONFERENCES
• Useful if a walk through of the site is
necessary
• Can be conducted by conference call
• Offerors are instructed that no answers
given at the conference are final until
they are issued as an amendment
• Amendment may or may not extend RFP
close date. Amendment is issued to all
offerors, not just those who attended
cc: Patrick Gage - https://www.flickr.com/photos/26231875@N00
135. OFFER ANALYSIS
• Check to be able to register in SAM
• Check EPLS when you receive the
• offer and before you award
• Conduct financial review
• Get current Open Ratings
• www.PPEReports.com
cc: archer10 (Dennis) (62M Views) - https://www.flickr.com/photos/22490717@N02
136. DETERMINE COMPETITIVE RANGE
• Competitive range is a range of the most
qualified offers for a competitive
procurement
• Establish the competitive range based
on the ratings of each proposal against
all evaluation criteria
• The CO may limit the number of
proposals in the range to the number
that will permit an efficient competition
among the most highly rated proposals
cc: B Tal - https://www.flickr.com/photos/68634595@N00
137. PRE-NEGOTIATION MEMORANDUM
• Not required by FAR
• Lays out plan for negotiation, usually
contains
• •Market research
• •Summary of scope of products and
services
• •Price analysis
• •Responsibility Determination
• •Negotiation objectives
• Price Analysis
• •Vertical
• •Horizontal
cc: MorboKat - https://www.flickr.com/photos/52734530@N06
138. GOOD THINGS TO KNOW ABOUT DEALING WITH SBA
• If you have to go for a CoC with the
SBA...
• •Try to talk the company out of it, it’s a lot
more vigorous than the Financial
Responsibility check you did, and % fail
• A company can grow to be a large
business while in the 8(a) Program...
• •The period is 9 years, and they can be
awarded up to $100M 9n government
contracts. CO’s like to use them
cc: Andy.Schultz - https://www.flickr.com/photos/63262340@N00
139. DEALING WITH THE SBA (CONT.)
• Because they are an approved sole source
exemption (FAR 3.02)
• Woman-owned Small Business, Service-
Disabled, Vetran-Owned Small Business and
• 8(a) Business can all have procurements set-
aside, HUB Zone cannot (preference)
• Woman-owned Small Business certification
process is difficult to use for
• Contract Specialists
• Because they are an approved sole source
exemption (FAR 3.02)
• Woman-owned Small Business, Service-
Disabled, Vetran-Owned Small Business and
• 8(a) Business can all have procurements set-
aside, HUB Zone cannot (preference)
• Woman-owned Small Business certification
process is difficult to use for
• Contract Specialists
cc: Philip Taylor PT - https://www.flickr.com/photos/9731367@N02
140. SUPPLIER SELECTION ACTIVITIES
• Check stock (Do we have it in
already?)
• Method of purchase
• Solicitation/sourcing
• Bids/proposals
• Tabulate offers
• Evaluate proposals
• Prepare contract
cc: edwbaker - https://www.flickr.com/photos/76439735@N00
141. REVIEWS AND APPROVALS
• CO must review and sign Pre-
Negotiation Memorandum prior to CS
entering negotiations
• Some high dollar value or high
visibility procurements may require a
review panel or board approval prior
to negotiating
• Reviews and Approvals set at each
agency, not proscribed by the FAR
cc: hjl - https://www.flickr.com/photos/92605333@N00
142. TYPES OF AUTHORITY
• Spending (expenditure) authority (Purchase
CC)
• Permission to spend up to designated limit
• Commitment (contract) authority (Warrant)
• •Permission to commit funds to 3rd party
• Certification and acceptance authority (COR)
• •Receive, inspect, test and validate delivery
• Payment authority (Finance)
• •Disburse funds (checks) against a contract or
PO
• ACO or TCO
• •Some agencies have these, others are “cradle
to grave”
cc: vgm8383 - https://www.flickr.com/photos/9147703@N03
143. TYPES OF AUTHORITY
• Apparent
• •Assumed because of practice
• Express
• •Formally designated by law or other
controlling
• policy (CO’s warrant)
• Implied
• •Perceived by another
• Delegated
• •Given by a principal to an agent
(COR)
cc: DragonDrop - https://www.flickr.com/photos/12007971@N00
144. NEGOTIATIONS
• Determine a high, medium and low
position
• Low position is what is offered
• Medium position is what you really think
is achievable
• High position is what you would really
like to get
• Never press for such a good deal the
vendor is going to lose money (reverse
auction)
cc: CSIS: Center for Strategic & International Studies - https://www.flickr.com/photos/31447736@N06
145. PRICE NEGOTIATION MEMORANDUM
• PNM is required by FAR (15.808)
• It has the 5W’s of the negotiation
• It is prepared by the CS and
approved by the CO (may be the
same person)
• Use a Final Proposal Revision letter
to clarify and get vendor to commit to
negotiated pricing, terms and
conditions
• Incorporate FPR into the contract
cc: USCPSC - https://www.flickr.com/photos/39259750@N02
146. LEMENTS OF CONTRAC
• Offer and acceptance
• •Promise to do something
• •Promise to comply
• Definiteness
• •Material terms
• •Enforceable
• Consideration
• •Something of value from both
parties
cc: mariadelajuana - https://www.flickr.com/photos/72933117@N07
147. LEMENTS OF CONTRAC
• Mutuality of obligation
• •Both parties bound
• Capacity of the Parties
• •Authority to enter binding
agreement
• Legality of purpose
• •Does not violate law or policy
cc: European Southern Observatory - https://www.flickr.com/photos/51207680@N04
148. SOME BASIC ITEMS THAT BEAR REPEATING...
• Award cannot be made to a DBA,
must be in the name of the primary
company
• Award cannot be made unless the
vendor has the NAICs code listed in
the solicitation
• Check to see if the vendor has a
remittance address
• FOB Destination or Origin
• Prompt pay terms
cc: weesen - https://www.flickr.com/photos/36317426@N00
149. DEALING WITH OFCCP
• Clearance required for contracts
expected to exceed $10M
• Most large businesses are already
approved, you can search for them at:
• •
• http://www.dol-esa.gov/preawvery
reard/pa_reg.html
• They are very reluctant to issue
findings about non-compliant vendors
cc: sandklef - https://www.flickr.com/photos/63114905@N06