Title

Topics

Basic Principles of Federal Procurement

• Transactions and agencies

• Contracting powers

• Authority of Government and Contractor Personnel

• Suits against Government employees

• Standards of conduct

Contract Formation Principles

• Manifestation of mutual assent

• Binding the parties

Acquisition Planning

• Policy

• Agency head responsibilities

• General procedures

• Contents of written acquisition plans

Commercial Products, Commercial Services, and Nondevelopmental Items

• In-depth analysis of each definition with illustrative examples.

• Policy favoring commercial products and commercial services

Market Research

• Policy

• Procedures

• Effect of inadequate market research

• Relation of specifications to market research

Sources of Supplies and Services

• Required sources

• Nonmandatory sources

• Small business concerns

Contractor Qualification

• Responsibility

• Organizational conflicts of interest

• Debarment and suspension

Competition Requirements

• Full and open competition

• Full and open competition after the exclusion of sources

• Other than full and open competition

• Advocates for competition

Contracting Methods

• Sealed bidding

• Contracting by negotiation

• Two-step sealed bidding

• Architect-engineer selection

• Broad agency announcement

• Simplified acquisition procedures

• Use of multiple award schedules

• Ordering under multiple-award contracts

• Commercial solutions opening

Source Selection Planning

• Best value continuum

• Source selection processes and techniques

• Evaluation factors and subfactors

• Evaluation procedures

• Determination of required information

Types of Contracts (Compensation Arrangements)

• Basic policies

• Fixed-price contracts

• Cost-reimbursement contracts

• Incentive contracts

• Time-and-materials & Labor-hour contracts

Special Contracting Methods

• Multiyear contracting

• Options

• Indefinite delivery contracts

Uniform Use of Line Items

• Establishing line items

• Establishing subline items

• Data elements for line items and subline items

Requirements Description

• Government vs. Commercial specifications

• Performance specifications vs. design specifications

• Unduly restrictive specifications

• Unclear or ambiguous specifications

• Work statements

• Completion v. level-of-effort

• Data requirements & Data rights

Contract Administration Planning

• Delegation of contract administration functions

• Designation of contracting officer’s representative

• Planning for production surveillance and reporting

• Planning for quality assurance

Providing Government Resources

• Providing contract financing

• Government-furnished property

• Government-furnished information

• Solicitation and evaluation procedures

Special Requirements for the Acquisition of Commercial Products and Commercial Services

• Contracting methods

• Contract types

• Contract quality assurance

• Contract financing

Publicizing Proposed Contract Actions

• Dissemination of information

• Synopses of proposed contract actions

• Presolicitation exchanges with industry

Solicitation Preparation:

Part 1—The Schedule

• Solicitation format

• Solicitation/contract forms

• Line items and subline items

• Using attachments and exhibits

• Packaging and marking requirements

• Inspection and acceptance requirements

• Deliveries or performance

• Contract administration data

• Special contract requirements

Solicitation Preparation:

Part 2—Provisions and Clauses

• Using FAR part 52

• Incorporating provisions and clauses

• Identification of provisions and clauses

• Modifying and completing provisions and clauses

• Using alternates

Solicitation Preparation:

Part 3—Instructions in Plain Language

• Plain Language principles

• Describing format and content of required information

• Measuring readability

Solicitations for Commercial Products and Commercial Services

• FAR part 12 provisions and clauses

• Tailoring FAR 52.212-1 and FAR 52.212-4

• Contract format

Exchanges with Potential Offerors after Solicitation Release

• Responding to solicitation questions

• Determining the need to amend the solicitation

• Disclosure of information to offerors

Bid Evaluation and Award

• Bidding and opening procedure

• Responsiveness

• Evaluation and award

• Mistakes

• Two-step sealed bidding

Proposal Evaluation

• Preparation and submission of proposals

• Communications to facilitate evaluation

• Evaluation of proposals

Negotiation and Award

• Decision to award or conduct discussions

• Negotiation

• Source Selection

• Bulletproof Business Clearance Memorandum (DoN)

• Award

• Notices and debriefings

Simplified Acquisition

• Thresholds

• Micro-purchases

• Simplified acquisition procedures

Streamlined Procedures for Solicitation and Evaluation for Commercial Products and Commercial Services

• Combined synopsis/solicitation

• Streamlined evaluation of offers

Ordering Under Federal Supply Schedules

(FAR subpart 8.4)

• General policies and procedures

• Specific ordering procedures

• Order pricing

• Content of orders

• Items not on schedule

Ordering Under Indefinite Delivery Contracts

(FAR subpart 16.5)

• General policies and procedures

• Orders under multiple-award contracts

• GWACs and multi-agency contracts

Contract Pricing:

Part 1—Offeror Pricing and Cost Estimating Techniques

• Cost-based pricing v. market-based pricing

• Cost estimating techniques

• Estimating systems

Contract Pricing:

Part 2—Key Definitions

• Cost or pricing data

• Certified cost or pricing data

• Data other than certified cost or pricing data

Contract Pricing:

Part 3—Information Gathering

• Order of preference for gathering information

• Obtaining certified cost or pricing data

• Field pricing assistance

Contract Pricing:

Part 4—Proposal Analysis

• Price analysis

• Cost analysis

• Cost realism analysis

• Technical analysis

• Subcontract pricing

• Profit

Contract Pricing:

Part 5—Price Negotiation

• Price negotiation basics

• Prenegotiation objectives

• Certificate of current cost or pricing data

• Price negotiation memorandum

• Defective pricing

Contract Funding

• Obligation of appropriated funds

• Policy

• Contract funding requirements

• Limitation of cost or funds

Small Business Programs

• Size determination

• Certificates of competency

• Small business preferences

• Socioeconomic programs

Labor Standards

• Wage Rate Requirements (Construction)

• Service Contract Labor Standards

• Contract Work Hours and Safety Standards Act

• Contracts for Materials, Supplies, Articles, and Equipment

• Employee-related requirements

Environmental Friendliness & Sustainable Acquisition

• Sustainable products and services

• Pollution prevention

Domestic Preference Policies

• Buy American Act

• Trade Agreements

• Other domestic preferences

Protests

• Evolution of protests

• Protests versus disputes

• Procuring agencies and ombudsmen

• Government Accountability Office

• Court of Federal Claims

• Choice of Forum

• Appellate review of decisions

Contract Administration and Personnel

• Nature and purpose of contract administration

• Contract administration rules and their sources

• Authority of Government and contractor personnel

• Government bound by conduct of its authorized agents

• Suits against Government employees

• Standards of conduct

Contract Interpretation

• Basic objective of interpretation

• Promissory language

• Definition of terms

• Analysis of language of contract documents

• Extrinsic evidence

• Allocating the risk of ambiguities

Risk Allocation

• Government promises (warranties) of future events or conditions

• Incorrect statements and nondisclosures

• Implied warranty of specifications

• Implied duty of good faith and fair dealing

• Impracticability of performance and mistake

• Government defenses

• Proportional risk allocation

Contract Modifications

• Authority to modify contracts

• Types of contract modifications

• Constructive changes

• Change orders

• Within v. Outside Scope

Differing Site Conditions

• General rules governing application of the clause

• Unique aspects of the two categories of conditions

• Breach of contract claims related to differing site conditions

• Investigation of data and inspection of site

• Notice

• Procedure

• Exculpatory clauses

• Variation in estimated quantities

Delays

• Excusable delays

• Compensable delays

Government Property

• Government obligations when it furnishes property

• Contractor obligations

Pricing of Adjustments

• Basic principles

• Proof of adjustment

• Impact and delay

• Overhead and profit

• Government claims for defective pricing

• Costs of preparing and financing adjustments

Inspection, Acceptance, and Warranties

• Inspection

• Rejection, acceptance, and remedies for defects

• Post-acceptance rights

• Inspection, acceptance, and warranties under FAR part 12

Default Termination, Damages, and Liquidated Damages

• Consequences of default termination

• Right to terminate

• The termination decision

• Termination procedures

• Excess costs of reprocurement

• Liquidated damages

• Termination for cause

Termination for Convenience

• Background

• The right to terminate

• Constructive termination

• Termination settlements

• Termination under FAR part 12

Payment and Discharge

• Types of payment

• Payment procedures

• Setoff

• Debt collection procedures

• Remedies

• Discharge

Contract Disputes

• Coverage of the Disputes Process

• Assertion of claims

• Contracting officer’s role

• Litigation of Disputes Act claims

• Alternative dispute resolution