Preparing Winning Proposals and Bid Protests
Preparing Winning Proposals and Bid Protests
Overview
This two day seminar focuses on identifying government contracting opportunities and successfully preparing and submitting a winning bid/proposal. In addition to proposal best practices, the workshop analyzes and clarifies bid protests at Agency, GAO, and COFC levels.
Agenda
1. Introduction
1.1. How the government purchases goods and services?
1.1.1. The Competition in Contracting Act of 1984
1.1.1.1. Exceptions to the Competition Requirement
1.1.1.2. Justification, Notice and Approval Procedures
1.2. The Government’s buying and selling Life-Cycle
1.3. Government’s procurement planning, solicitation planning and preparation.
2. Getting to Market: Identifying contracting opportunities with the Government and other Pre-sales Activities
2.1. FedBizOpps
2.2. GSA schedule
2.3. Identifying and mitigating risk in Government contracts
2.3.1. Performance, Schedule and Cost risks
2.3.2. Organizational Conflicts of Interest
2.4. Bid/No Bid Decision
2.5. Communicating with the government regarding your company’s products and services
2.5.1. Ethical issues and considerations
2.5.2. Prohibition against contingent fees
2.5.3. Shaping the solicitation
3. The Proposal Submission and Review Process
3.1. Solicitations
3.1.1. Invitations for bids
3.1.2. Requests for proposals
3.2. Source selection planning and evaluation
3.3. Form of the solicitation
3.3.1. Section L – Instructions to offerors
3.3.2. Section M – Evaluation criteria
3.4. Bid/Proposal Development and Reviews/Approvals
3.4.1. IFB
3.4.2. RFP
3.4.2.1. Identifying the key areas of performance
3.4.2.2. Drafting winning proposals
3.5. Cancellation of the solicitation
3.5.1. Cancellation of the IFB
3.5.2. Cancellation of the RFP
3.5.2.1. Changed needs and/or cost savings
3.5.2.2. Defective RFP
3.5.2.3. Inadequate competition
3.6. Contract Negotiation and Formation
3.6.1. Sealed bidding
3.6.1.1. Pre-opening Handling
3.6.1.2. Procedure
3.6.1.3. Late bids
3.6.1.4. Bid Modifications
3.6.1.5. Responsiveness
3.6.1.5.1. Reserved rights
3.6.1.5.2. Minor informalities
3.6.1.5.3. Bid acceptance period
3.6.1.5.4. Bidder identity
3.6.1.5.5. Price
3.6.1.5.6. Incomplete package
3.6.1.5.7. Omissions
3.6.1.5.8. Acknowledgement of amendments
3.6.1.5.9. Ambiguities in bids
3.6.1.5.10. Certification requirements
3.6.1.5.11. Responsibility
3.6.1.5.11.1. Prior performance
3.6.1.5.11.2. Integrity
3.6.1.5.11.2.1. Criminal offense
3.6.1.5.11.2.2. Past wage and hour violations
3.6.1.5.11.3. Bankruptcy
3.6.1.5.11.4. Unprofitable bid
3.6.1.5.11.5. Definitive criteria of responsibility
3.6.1.5.11.5.1. location
3.6.1.5.11.5.2. staffing
3.6.1.5.11.5.3. standard product clause
3.6.1.5.11.5.4. pilot determination
3.6.1.5.11.5.5. licenses
3.6.1.5.11.5.6. specific experience
3.6.2. Competitive Proposals
3.6.2.1. General
3.6.2.1.1. no public opening
3.6.2.1.2. withdrawal of offer
3.6.2.1.3. late proposals or modifications
3.6.2.2. oral presentations
3.6.2.3. Discussions
3.6.2.3.1. Award based on initial offers
3.6.2.3.2. Competitive range
3.6.2.3.3. Competitive range determination
3.6.2.3.3.1. Excessive price
3.6.2.3.3.2. Informational deficiencies
3.6.2.3.4. Government exchanges with offerors after proposal submission
3.6.2.3.4.1. Clarifications and award without discussions
3.6.2.3.4.2. Communications with offerors before establishment of the competitive range
3.6.2.3.4.3. Limits on exchanges
3.6.2.3.4.4. Competitive Advantages
3.6.2.3.4.5. Technical transfusion
3.6.2.3.4.6. Technical leveling
3.6.2.3.4.7. Auction
3.6.2.3.4.8. Cost/technical tradeoffs
3.6.3. Multiple Award Schedules
4. Common mistakes by offerors and procurement best practices
4.1. Common mistakes by offerors
4.2. Proposal Best practices
5. Bid protests forums
5.1. Agency level protests
5.2. Protests at the GAO
5.2.1. The bid protest regulations
5.2.1.1. Interested party
5.2.1.2. Filing the protest
5.2.1.3. Notice of protest
5.2.1.4. Agency report
5.2.1.5. Request for production of documents
5.2.1.6. Protective orders
5.2.1.7. Summary dismissal
5.2.1.8. Hearings
5.2.1.9. The decision and reconsideration
5.2.1.10. Remedies
5.2.1.10.1. General
5.2.1.10.2. CICA stay
5.2.1.10.3. Termination for Convenience and Cancellation
5.2.1.10.4. Bids and Proposal preparation and protest costs
5.2.1.10.4.1. standards for award of costs
5.2.1.10.4.2. Comptroller general cost awards
5.3. Protests at the COFC
5.3.1. The Federal Courts Improvement Act and the Administrative Dispute Resolution Act of 1996
5.3.2. The United States Court of Federal Claims
5.3.3. Scope of the Court of Federal Claims Injunctive Authority
5.3.4. Bid and proposal costs
6. Case studies and Wrap-up
Presenters
Paul A. DeBolt, Esq., Partner, Venable, LLP
Paul Debolt assists companies and individuals on all issues that arise from doing business with the federal government, including civil fraud. He is experienced in the competitive source selection process, defending or prosecuting bid protests, issuing advice concerning compliance with government regulations and laws during the performance of a contract, and helping to resolve disputes and claims during contract performance or as a result of contract termination. Mr. Debolt also has significant experience with due diligence in connection with the merger and acquisition of government contractors, as well as post-transaction matters such as novations. He counsels clients on the Service Contract Act, the Civil False Claims Act, joint ventures and teaming agreements, prime-subcontractor disputes and internal investigations.
Mr. Debolt has extensive government contracts law experience and applies a team approach which ensures that clients receive the benefit of firm-wide strength in all related areas.
Representative Clients
Mr. Debolt supports Venable's large and small government contracts clients including major systems manufacturers, providers of information technology and other service providers.
Significant Matters
Recently, Mr. Debolt has conducted a number of internal investigations of both large and small companies involving questioned contract certifications and cost charging. Mr. Debolt has also represented a number of clients with claims and intellectual property disputes before the Court of Federal Claims, the Armed Services Board of Contract Appeals and various federal district courts.
Reported decisions include:
• Honeywell Int’l Inc. v. U.S., 81 Fed. Cl. 514 (2008) (COFC held claim 2 of patent invalid)
• Honeywell Int’l Inc. v. U.S., 70 Fed. Cl. 424 (2006) (COFC held claims 1 and 3 of patent were not infringed)
• Northrop Grumman Corporation; ITT Gilfillan, B-274204, B-274204.2, B-274204.3, B-274204.4, B-274204.5, B-274204.6, B-274202.7, 96-2 CPD P 232
• Valentec Systems Inc., B-270880, B-270880.2, 96-1 CPD P 231
• Matter of National Linen Service, 73 Comp. Gen. 265, B-257112, B-257312, 94-2 CPD P 94
• Sun Microsystems v. United States, July 9, 1996, GSBCA No. 13615-P, 96-2 BCA ¶ 28546
• Pioneer Aerospace Corporation, B-245911, 92-1 CPD P 13
• Kings Point Industries, Inc., B-244398, 91-2 CPD P 331
Other representative matters include:
• For a small business, Mr. Debolt made a successful presentation to AUSA’s office that resulted in a decision by government not to pursue a civil false claim with an estimated value of over $400,000.
• On behalf of a large defense contractor, Mr. Debolt negotiated a multi-million dollar settlement for claims arising from charges to a contract with the United States Postal Service for coding services.
• On behalf of a service company, he negotiated a multi-million settlement of a claim arising from an undefinitized letter contract.
• Mr. Debolt conducted an internal investigation for a non-profit into alleged mischarging to numerous government contracts and grants, and successfully negotiated a favorable settlement with an AUSA.
Activities
Mr. Debolt regularly participates in the firm’s pro bono activities.
Robert A. Burton Esq., Partner, Venable, LLP
Robert A. Burton is a nationally-recognized federal procurement attorney, who focuses his practice on assisting government contractors navigate the complex and rule-driven procurement process. He represents a wide range of companies that conduct business with the federal government, from large defense contractors and systems integrators to small businesses. Mr. Burton assists government contractors with the development and management of their ethics and compliance programs and aids them with their marketing strategies for selling to the government.
Professional Experience
A thirty-year veteran of procurement law and policy development, Mr. Burton served in the Executive Office of the President as Deputy Administrator of the Office of Federal Procurement Policy (OFPP), the nation's top career federal procurement official. He also served as Acting Administrator for two years during his seven-year tenure at OFPP.
As Deputy Administrator of OFPP, Mr. Burton was responsible for the government’s acquisition policy and procurement guidance to all Executive Branch agencies. His office was charged with developing policy affecting more than $400 billion in annual federal spending – a figure that doubled during Mr. Burton’s time in office as a result of the Iraq War and other major events.
At OFPP, Mr. Burton was instrumental on a number of fronts, including preparing the Administration’s policy positions and testimony on proposed acquisition legislation; working with House and Senate committees on the development of acquisition reform proposals; and serving as a principal spokesperson for government-wide acquisition initiatives. He also served as the Executive Director of the Chief Acquisition Officers (CAO) Council, which comprises the Chief Acquisition Officers from each federal agency. Mr. Burton also managed the activities of the Federal Acquisition Regulatory (FAR) Council, which has statutory authority to promulgate the government's procurement regulations.
Prior to joining OFPP in 2001, he spent over twenty years as a senior acquisition attorney with the Department of Defense. At the Defense Contract Management Agency, he negotiated the resolution of high-profile contract disputes with major defense contractors and provided advice on cost allowability issues. He served as general counsel for DoD’s Defense Energy Support Center as well as associate general counsel for the Defense Logistics Agency (DLA), the DoD component responsible for purchasing most of the general supplies and services used by the military services. At DLA, Mr. Burton served as counsel to the agency's suspension and debarment official and managed the agency's fraud remedies program, working with the Department of Justice and the criminal investigative agencies to coordinate appropriate remedies in major procurement fraud cases.
Lean Six Sigma for Government Contracting
Lean Six Sigma for Government Contracting
Overview
Lean Six Sigma is a combination of business process improvement methodologies from the world class-manufacturing sector, including successful global manufacturing companies the likes of Raytheon, Toyota and General Electric. Lean Six Sigma for world class manufacturing companies focuses on efficient production processes and strenuous quality assurance. Lean Six Sigma combines the quality enhancements of Six Sigma and the efficiency enhancements of Lean.
Agenda
Exercise 1 – Application of Lean Six Sigma for Government Contracting. Each student will select an acquisition from the organization and identify business process problems that may be corrected with the application of an LSS business process improvement methodology.
Lean Six Sigma is a structured improvement process for application to your government and commercial acquisitions. Lean Six Sigma (LSS) has a number of levels of applications.
• Quick wins – simplified LSS application for smaller projects done in six months or less.
• Quick wins – simplified LSS application with limited structure and short time commitments from project management, subject matter experts, customers, and end-users.
• Quick wins – Limited Return on Investment
Structured Lean Six Sigma for Acquisition projects offer your government and commercial with the following benefits:
• Most significant return-on-investment
• Most lasting process improvements
• Professionals involved with the project – project management, subject matter and functional experts and LSS experts can carry the expertise forward to successfully do LSS for Acquisition projects for other parts of your government or commercial organization.
Exercise 2 – Portfolio Analysis – how to analyze and decide to correctly apply quick – win simplified LSS or Structured LSS to successfully reap the return-on-investment from your government or commercial organization’s acquisition projects.
From the results of your organization’s portfolio analysis, you will make choices. Return-on investment should be a key driver in making those choices. The most significant return-on-investment will come from your organizations structured LSS acquisition projects. LSS structured projects use the LSS DMAIC methodology. DMAIC is Define, Measure, Analyze, and Improve.
The LSS structure approach to acquisition is Define, Measure, Analyze, and Improve:
1.) Define – Define your project and develop your project plan
2.) Measure – Measure the current performance of your current business process
3.) Analyze – Do alternatives analyses for potential process improvement
4.) Improve – Select the best business process improvement alternative. Develop, implement, and successfully complete your business process improvement pilot program.
5.) Control – Develop controls for forward acquisition business process improvement.
Exercise 3 – Select a major acquisition project from your organization. As a team, develop a draft LSS project charter. Select a leader from your team and be prepared to brief the project charter to the class.
Good LSS Acquisition project candidates in your government and commercial organization with potential for high rates of return on investment:
• Requirements analysis and development
• Statement of Work Development
Conclusion
Questions and Answers
Presenters
John Dobriansky, CPCM, MBA, NCMA Fellow
John Dobriansky exemplifies leadership as an acquisition and contracting professional in senior and supervisory roles in government contracting operations and policy including Federal civilian agency and the Department of Defense. John Dobriansky brings best practices from government and industry. He has extensive experience in complex services and systems contracts and acquisitions including enterprise information technology (IT) services and systems. In addition, he has significant experience in IT program management.
John is a CPCM and an NCMA Fellow and has held previous NCMA Chapter Officer positions including Vice President for Operations and Vice President for Programs with the NCMA Washington, DC Chapter. John holds an MBA from George Washington University and Master of Science from Marymount University. John is also a graduate from the Civilian Advanced Leadership program at the Army Management and Staff College. John is a recognized author on professional topics for the acquisition, contracting and program management communities.
Contracting for Contracting Officer's Technical Representatives (COTRs)
Contracting for Contracting Officer's Technical Representatives (COTRs)
Overview
Agency Programs have posed the need for more effective acquisition activity. To ensure that the contracts awarded are successfully performed, stronger agency insight and capability is essential from the start. This 18 hour class is focused to "level-up" all participants' understanding and insights to monitor/problem solve to successfully meet the current challenges facing the management of these contracts & task orders. Handling more complex acquisition buys and their program impacts will be demonstrated.
Agenda
DAY ONE
8:00 - 8:30 AM
I. Welcome and Introduction
A. What this course is: for larger valued contracts
B. Introduction and participant objectives
C. Purpose and objectives of the OFPP and agency COR/COTR Certification Program
8:30 - 9:00 AM
II. Review of Contract Administration
A. Contract Administration Perspectives
B. Contract Administration Team: PCO, ACO, COTR, P/OC, QAEs & contractor counterparts
C. Partnering: Theory & Best Practices
D. Exercise
9:00 - 9:15 AM
III. Means of Appointing a COR
A. Who can be a COR?
B. Procedure for designating a COR
C. Appointment letter
D. Exercises
9:15 - 9:30 AM
IV. Basics of Communication
A. Definition and Process of Communication
B. The Communication Loop
C. Seven Guidelines for Communication
9:30 - 10:00 AM
V. Overview of Task Orders 9:30- 10:00
A. Introduction to this type of effort
B. Order Processing Flow Chart
C. Types of effort amenable to Task Ordering
D. Essence of a Task Ordering Procedure
E. Elements of an Order & Players Involved
F. Exercise
10:15 - 10:30 AM
VI. Performance-based Work Statements (PWSs)
A. Definitions & Performance Context
B. Monitoring Process
C. Causes of Past Failures
D. Benefits of Using PWSs
10:30 - 11:00 AM
VII. Brief Overview of Source Selection
A. Basic Steps and Timeline
B. Preparing the Solicitation
C. Conducting the Proposal Evaluation
D. Special Topic: Avoiding “Exceeds”
11:00 - 11:30 AM
VIII. Creating a PWS for: New Buy or Task Order
A. Types: completion versus term
B. Format and content
C. Special Topic: Types of Contracts
D. Steps to Obtaining an effective PWS
E. Exercise: Assessing a PWS
11:30 - 11:45 AM
IX. Incentivizing a Contract
A. Misunderstandings in Using Incentives
B. Incentive Possibilities
12:45 - 1:15 PM
X. Major Indicator of a Strong PWS: Doing an Independent Government Cost Estimate (IGCE)
A. Reasons and Input Requirements
B. Procedure
C. Examples
D. Exercise: Creating an IGCE from the PWS
1:15 - 1:45 PM
XI. Furthering Your Ability to Strengthen a PWS
A. Instructions
B. Group Effort
C. Presentations
XII. Characteristics of the PWS Document
1:45 - 2:00 PM
XIII. Post-award Conference
A. Definition and need
B. Various players and their influences
C. Procedure & Outcomes
D. Creating the Project Management File
E. Establishing Working Relationships
F. Exercises
2:15 - 2:30 PM
XIV. Establishing Expectations and Understanding
A. Reasons and Benefits
B. Methods
C. Communication Cautions
D. Exercises- Establishing Expectations
2:30 - 2:45 PM
XV. Effective Listening
A. Reasons to Listen
B. Procedures for Listening and Consensus-Building
C. Listening Pointers
D. Effective Response Styles
E. Communication Cautions
F. Exercise- Effective Listening and Consensus-Building
2:45 - 3:00 PM
XVI. Giving Clarification
A. Definition
B. Reasons for Clarification
C. Procedure
D. Technical Guidance
E. Sample Technical Direction Clause
F. Cautions- Technical Guidance
G. Communication Cautions-Clarification
H. Exercise- Giving Clarification
3:00 - 3:15 PM
XVII. Generating and Monitoring Task Orders
A. Basic process
B. Task Order Format
C. Ordering Clauses
3:15 - 4:00 PM
XVIII. Monitoring Contractor Performance
A. Monitoring Concepts and Process
B. Baseline Management: As an Outcome of Planning
1. Elements
a. Technical
b. Schedule
c. Cost
2. Process
a. Set performance standards
b. Actual performance occurs
c. Compare actual performance to contractual performance
d. Handle discrepancies
e. Communicate needed actions to the contractor
C. Monitoring Tools
1. Conversation Record
2. Records
3. Meetings & Correspondence
4. Periodic Reviews
5. Key Personnel
6. Deliverables
7. Property
8. Exercises
XIX. Course Review & Preview of Tomorrow's Activities
DAY TWO
8:00 - 8:15 AM
I. Retrospect and Prospect
A. Review of Yesterday's Materials
B. Questions & Answers
8:15 - 9:00 AM
II. Monitoring Contractor Performance (continued)
D. Monitoring Quality
1. Concept & Definitions of Quality
2. Inspection
3. Handling Nonconformance
4. Acceptance & Acceptance Testing
5. Exercises
9:00 - 9:30 AM
E. Monitoring Costs
1. Cost/Schedule Reporting
2. Contractual Billing Requirements
3. Method of Payment
4. Verification of Invoice
5. Exercise
9:30 - 9:45 AM
III. Monitoring vs. Directing
A. Definitions
B. Reasons for Avoidance in Directing Performance
C. Communication Cautions
D. Exercise- Monitoring vs. Directing
10:00 - 10:30 AM
IV. Resolving Performance Problems
A. Process for Curing Performance Discrepancies
B. Role of the COTR and contractor in Effective Communication
C. Problem Log and Contract Discrepancy Report
D. Exercise
10:30 - 10:45 AM
V. Task Order or Contract Close-Out
A. Definition
B. P/OC Responsibilities
C. Contractor's Overall Performance Evaluation
D. Release of COTR File
E. Exercises- Task Order Close-Out
10:45 - 11:00 AM
VI. Task Order Changes
A. Concept
B. Types
C. Process
11:00 - 11:15 AM
D. Step One: Monitoring the Contractor's Performance
11:15 - 11:30 AM
E. Step Two: Realizing the Need for Change
11:30- 11:45 AM
F. Step Three: Assessing the Impact of the Change
12:15- 1:15 PM
G. Step Four: Obtaining Approval for the Change
1:15- 1:30 PM
H. Step Five: Reaching Agreement about the Change
1:30- 2:00 PM
I. Communication Which Exceeds Authority
J. Reducing the Number and Magnitude of Changes
2:15 - 2:45 PM
VII. Handling Disagreements and Conflicts
A. Handling Disagreements
1. Concept and Causes
2. Process
3. COTR & P/OC roles
4. Resolutions
5. Exercises- Disagreements
B. Handling Conflict
1. Definition
2. Causes of Conflict
3. Anatomy of a Conflict
4. Areas Where Conflicts Generally Occur
5. Managing Outcomes from Conflicts
6. Strategies for Resolving Conflicts
7. Exercise- Conflict Formulation and Resolution
2:45 - 3:00 PM
VIII. Addressing Inadequate Performance
A. Insight, Remedies, Use & Consequences
B. Actions to Cure Deficient Performance
C. Exercises
3:00 - 3:30 PM
IX. Ethics
A. Definition and Principles
B. Ethical Decision-making
C. Situations Leading to Potential Abuses
D. Conflict of Interest
E. Managing the Contractor's Performance
F. Abdicating Performance Standards
G. Not Keeping Independent Records
H. Unauthorized Discussion or Commitment
I. Not Keeping an Arms Length Social Relationship
J. Using Influence
K. Communication Cautions
L. Exercises- Ethics
3:30 - 3:45 PM
X. Strengthening COTR/Contractor Relations
A. Lessons Learned
B. Best Practices
C. Areas of Contractor Communication Improvement
D. Areas of COTR Communication Improvement
3:45 - 4:00 PM
XI. DOs and DON'Ts for COTRs
XII. Course Summary, Critique and Closure
Presenters
Steven Stryker
Steven Stryker is a professional consultant in business for over thirty years. He provides custom-tailored, just-in-time training, facilitating and consulting services to enhance the successful performance of federal acquisitions, programs and projects. He also has supported the lifecycle process of program and project success. Mr. Stryker continues to meet the challenge of successful performance acquisition implementation in a “cradle to grave” process—as a primary achievement of OMB & agency Acquisition Policy. Based on previous efforts with the DHS, EPA, Treasury, HHS as well as DOL, DOI, DOT, GSA, NIH, HUD, Justice, Commerce, USDA, GPO, Army, Air Force & Navy as well as government-focused firms, the results have demonstrated a categorical improvement in more effectively fulfilling the client's requirements through saved time, money and reduced problems, while obtaining higher-quality performance and outputs.
In order to achieve the above results, the services provided consist of three functions:
I. Custom-tailoring courses to meet the immediate client motivations and needs in Strategic Planning, Acquisition and Project Management-- or a combination. This endeavor profiles what the client's needs are in advance and focuses the subsequent instruction to effectively meet the needs of those who actually attend. Follow up is done to sustain the skill transfer has made the expected difference in job performance. One growing example is providing Certification classes to the CO/CS, COR/COTR as well as the Program/Project Manager Communities. A main focus of these classes will be to use performance-based methods to critique and create better requirement descriptions, solicitations, and performance management plans. In fact, the courses can be designed to integrate the acquisition, business and project management skills need toward the career development of the attendees—both acquisition and technical.
In addition, facilitation and consulting services include:
II. Lifecycle support to emerge and implement acquisitions, projects and/or strategic endeavors. Unlike "pure training", this activity is incorporated as part of real time decision-making for the actual situation. Effective group dynamics and teaming communication is conveyed and instituted as a key part to obtain the results needed. Appropriate follow through occurs. Herein, a venue that works to achieve this is to do a “pilot” endeavor using the performance orientation so that the success achieved can be replicated to "level up" future organizational performance.
III. Resolutions of specific acquisition, project, and/or planning issues. Here, effective consulting process and procedures are employed to listen and to understand what the true client need is, and then ensure that this need is met through multiple channels of communication. Timely outputs and outcomes occur that fully reflect the solution. Briefings are done at critical times to ensure all key stakeholders have continued buy in. Lessons Learned and/or Best Practices are compiled and forwarded to sustain future resolutions of similar concerns.
Mr. Stryker is a Certified Trainer through DAU and FAI to meet the learning competencies of the FAC-COTR and FAC-P/PM professional development programs from the Office of Federal Procurement Policy.
Authorship
Mr. Stryker has also authored three books: Plan to Succeed: A Guide to Strategic Planning, Guide to Successful Consulting, and Principles and Practices of Professional Consulting. He is currently at work on a book demonstrating effective processes and practices for Contracting Officer Representative success. Currently, he is completing a volume on The COTR Handbook: Effective Catalyst For Stronger Organizational Performance.
Professional Speaking
In addition, over the last three years, Mr. Stryker has been a requested speaker and presenter at a number of conferences and seminars on Performance Based topics (with a focus on enhancing performance application and accountability). The Conference sponsors include: The Performance Institute, The Government Contracting Institute, FOSE, Market Access, NCMA, Council for Excellence in Government and HHS.
Registration Fee
$995
Dates and Locations
- November 4, 2010 - November 5, 2010
- Flamingo Las Vegas
3555 Las Vegas Blvd S (Map)
Las Vegas, NV
Preparing Effective Performance Work Statements or Statements of Objectives
Preparing Effective Performance Work Statements or Statements of Objectives
Overview
Performance Based Acquisition (PBA) is a major mandate of effectively implementing acquisition reform throughout the government. Getting the needed buy-in not only from procurement officials, but from program and project managers and technical staff, is a major challenge. To achieve this, the benefits of developing performance based contracts need to outweigh the risks, costs and time of doing procurement in other ways. This workshop is thus presented to:
Agenda
DAY ONE
8:00 - 9:00 AM
I. Welcome and Introduction
A. Logistics
B. Participant expectations input
C. Perspectives about this course
1. Definitions:
a. Performance-based acquisition (PBA)
b. Performance-based work statement (PWS)
c. Statement of Objectives (SOO)
2. Initial application of PWS/SOO: deciding whether to contract out commercial services under OMB Circular A-76
3. PWS/SOO Monitoring Process
4. Causes of Past Failures
5. Benefits of Using PBA
6. Thrust of this class: strengthen Requirement description skills in new buys & task ordering for current acquisitions
9:00 - 10:00 AM
II. PWS/SOO Instances: New Buys & Task Ordering
A. Review of Source Selection Process
B. Review of Task Ordering
C. Creating PWS/SOO for New Buys or Task Orders
1. Types: completion versus term
2. Elements
a. Background
b. Scope
c. Work tasks
d. Deliverables
e. Applicable Documents-- Performance Standards
f. Acceptance Criteria-- Performance Indicators & Quality Assurance Procedures
g. Other Resource Concerns
3. Exercise: Assessing a Requirement-- Part I
10:15 - 11:00 AM
III. Improving the Background Section
A. Steps to obtaining an effective PWS/SOO
B. Basic SOW framework
C. Elements for a Background Section
D. Tips for Writing the Background Section
E. Exercise: Assessing a Requirement-- Part II
11:00 - 11:30 AM
IV. Improving the Scope (Introduction) Section
A. Elements for a Scope Section
B. Tips for Writing a Scope Section
C. Exercise: Assessing a Requirement-- Part III
D. Exercise: Discovering Synergy Between the Background & Scope Sections
12:30 - 1:00 PM
V. Improving the Tasks Section
A. Elements for a Tasks Section
B. Why Tasks are Poorly Defined
C. Avoiding Communication Misunderstanding
D. Helpful Hints
E. Exercises: Doing a SOW Resource Analysis
Sustaining Contract SOW/Order SOW
Connections
Assessing the Requirement-- Part IV
1:00 - 1:30 PM
VI. Improving the Deliverables Section
A. Elements for a Deliverables Section
B. Ways of Describing the Format & Content Better
C. Exercise: Charting the Deliverables
D. Exercise: Assessing a Requirement-- Part V
1:45 - 3:00 PM
VII. Performance Indicators: Finding Meaningful Ones
A. Definition, sample and challenges
B. Locating appropriate ones
C. Examples
D. Process of Using Performance Indicators
E. Samples of Indicators and their Measurements
F. Quality Assurance aspects
G. Exercise: Assessing Performance Indicators
H. Exercise: Evaluating Examples of Performance Measurement
I. Charting Performance Measurement
J. Exercise: Assessing a Requirement- Part VI
3:00 - 3:30 PM
VIII. Incentivizing a Contract
A. Misunderstandings in Using Incentives
B. Incentive Possibilities
C. Exercise
3:30 - 3:45 PM
IX. Seminar Review & Preview of Tomorrow's Activities
DAY TWO
8:00 - 8:15 AM
I. Retrospect and Prospect
A. Review of Yesterday's Workshop
B. Questions & Answers
C. Introduction to today's activities
8:15 - 9:00 AM
II. Major Indicator of a Strong Requirement: Doing an Independent Government Cost Estimate (IGCE)
A. Procedure
B. Examples--Task Order & New Buy
C. Exercise
9:00 - 10:45 AM
III. Furthering Your Ability to Strengthen a PWS/SOO- Sample One
A. Instructions
B. Group Effort
C. Presentations
10:45 - 11:15 AM
IV. Performance Management Impacts of a PWS/SOO on:
A. Degree of Surveillance
B. Technical Direction
C. Performance Evaluation
D. Changes
E. Ethical Behavior
12:15 - 2:15 PM
V. Furthering Your Ability to Strengthen a PWS/SOO- Sample Two
A. Instructions
B. Group Effort
C. Presentations
2:30 - 3:00 PM
VI. PWS/SOO Implications
A. On choosing and using various Incentives
B. On Performance Measurement of the Procurement Office and the Program
3:00 - 3:15 PM
VII. Characteristics of the PWS/SOO Document
3:15 - 3:30 PM
VIII. Training Effectiveness Evaluation
Presenters
Steven Stryker
Steven Stryker is a professional consultant in business for over thirty years. He provides custom-tailored, just-in-time training, facilitating and consulting services to enhance the successful performance of federal acquisitions, programs and projects. He also has supported the lifecycle process of program and project success. Mr. Stryker continues to meet the challenge of successful performance acquisition implementation in a “cradle to grave” process—as a primary achievement of OMB & agency Acquisition Policy. Based on previous efforts with the DHS, EPA, Treasury, HHS as well as DOL, DOI, DOT, GSA, NIH, HUD, Justice, Commerce, USDA, GPO, Army, Air Force & Navy as well as government-focused firms, the results have demonstrated a categorical improvement in more effectively fulfilling the client's requirements through saved time, money and reduced problems, while obtaining higher-quality performance and outputs.
In order to achieve the above results, the services provided consist of three functions:
I. Custom-tailoring courses to meet the immediate client motivations and needs in Strategic Planning, Acquisition and Project Management-- or a combination. This endeavor profiles what the client's needs are in advance and focuses the subsequent instruction to effectively meet the needs of those who actually attend. Follow up is done to sustain the skill transfer has made the expected difference in job performance. One growing example is providing Certification classes to the CO/CS, COR/COTR as well as the Program/Project Manager Communities. A main focus of these classes will be to use performance-based methods to critique and create better requirement descriptions, solicitations, and performance management plans. In fact, the courses can be designed to integrate the acquisition, business and project management skills need toward the career development of the attendees—both acquisition and technical.
In addition, facilitation and consulting services include:
II. Lifecycle support to emerge and implement acquisitions, projects and/or strategic endeavors. Unlike "pure training", this activity is incorporated as part of real time decision-making for the actual situation. Effective group dynamics and teaming communication is conveyed and instituted as a key part to obtain the results needed. Appropriate follow through occurs. Herein, a venue that works to achieve this is to do a “pilot” endeavor using the performance orientation so that the success achieved can be replicated to "level up" future organizational performance.
III. Resolutions of specific acquisition, project, and/or planning issues. Here, effective consulting process and procedures are employed to listen and to understand what the true client need is, and then ensure that this need is met through multiple channels of communication. Timely outputs and outcomes occur that fully reflect the solution. Briefings are done at critical times to ensure all key stakeholders have continued buy in. Lessons Learned and/or Best Practices are compiled and forwarded to sustain future resolutions of similar concerns.
Mr. Stryker is a Certified Trainer through DAU and FAI to meet the learning competencies of the FAC-COTR and FAC-P/PM professional development programs from the Office of Federal Procurement Policy.
Authorship
Mr. Stryker has also authored three books: Plan to Succeed: A Guide to Strategic Planning, Guide to Successful Consulting, and Principles and Practices of Professional Consulting. He is currently at work on a book demonstrating effective processes and practices for Contracting Officer Representative success. Currently, he is completing a volume on The COTR Handbook: Effective Catalyst For Stronger Organizational Performance.
Professional Speaking
In addition, over the last three years, Mr. Stryker has been a requested speaker and presenter at a number of conferences and seminars on Performance Based topics (with a focus on enhancing performance application and accountability). The Conference sponsors include: The Performance Institute, The Government Contracting Institute, FOSE, Market Access, NCMA, Council for Excellence in Government and HHS.
Registration Fee
$995
Dates and Locations
- November 8, 2010 - November 9, 2010
- Flamingo Las Vegas
3555 Las Vegas Blvd S (Map)
Las Vegas, NV
John Dobriansky, CPCM, MBA, NCMA Fellow
John Dobriansky, CPCM, MBA, NCMA Fellow
John Dobriansky exemplifies leadership as an acquisition and contracting professional in senior and supervisory roles in government contracting operations and policy including Federal civilian agency and the Department of Defense. John Dobriansky brings best practices from government and industry. He has extensive experience in complex services and systems contracts and acquisitions including enterprise information technology (IT) services and systems. In addition, he has significant experience in IT program management.
John is a CPCM and an NCMA Fellow and has held previous NCMA Chapter Officer positions including Vice President for Operations and Vice President for Programs with the NCMA Washington, DC Chapter. John holds an MBA from George Washington University and Master of Science from Marymount University. John is also a graduate from the Civilian Advanced Leadership program at the Army Management and Staff College. John is a recognized author on professional topics for the acquisition, contracting and program management communities.
Steven Stryker
Steven Stryker
Steven Stryker is a professional consultant in business for over thirty years. He provides custom-tailored, just-in-time training, facilitating and consulting services to enhance the successful performance of federal acquisitions, programs and projects. He also has supported the lifecycle process of program and project success. Mr. Stryker continues to meet the challenge of successful performance acquisition implementation in a “cradle to grave” process—as a primary achievement of OMB & agency Acquisition Policy. Based on previous efforts with the DHS, EPA, Treasury, HHS as well as DOL, DOI, DOT, GSA, NIH, HUD, Justice, Commerce, USDA, GPO, Army, Air Force & Navy as well as government-focused firms, the results have demonstrated a categorical improvement in more effectively fulfilling the client's requirements through saved time, money and reduced problems, while obtaining higher-quality performance and outputs.
In order to achieve the above results, the services provided consist of three functions:
I. Custom-tailoring courses to meet the immediate client motivations and needs in Strategic Planning, Acquisition and Project Management-- or a combination. This endeavor profiles what the client's needs are in advance and focuses the subsequent instruction to effectively meet the needs of those who actually attend. Follow up is done to sustain the skill transfer has made the expected difference in job performance. One growing example is providing Certification classes to the CO/CS, COR/COTR as well as the Program/Project Manager Communities. A main focus of these classes will be to use performance-based methods to critique and create better requirement descriptions, solicitations, and performance management plans. In fact, the courses can be designed to integrate the acquisition, business and project management skills need toward the career development of the attendees—both acquisition and technical.
In addition, facilitation and consulting services include:
II. Lifecycle support to emerge and implement acquisitions, projects and/or strategic endeavors. Unlike "pure training", this activity is incorporated as part of real time decision-making for the actual situation. Effective group dynamics and teaming communication is conveyed and instituted as a key part to obtain the results needed. Appropriate follow through occurs. Herein, a venue that works to achieve this is to do a “pilot” endeavor using the performance orientation so that the success achieved can be replicated to "level up" future organizational performance.
III. Resolutions of specific acquisition, project, and/or planning issues. Here, effective consulting process and procedures are employed to listen and to understand what the true client need is, and then ensure that this need is met through multiple channels of communication. Timely outputs and outcomes occur that fully reflect the solution. Briefings are done at critical times to ensure all key stakeholders have continued buy in. Lessons Learned and/or Best Practices are compiled and forwarded to sustain future resolutions of similar concerns.
Mr. Stryker is a Certified Trainer through DAU and FAI to meet the learning competencies of the FAC-COTR and FAC-P/PM professional development programs from the Office of Federal Procurement Policy.
Authorship
Mr. Stryker has also authored three books: Plan to Succeed: A Guide to Strategic Planning, Guide to Successful Consulting, and Principles and Practices of Professional Consulting. He is currently at work on a book demonstrating effective processes and practices for Contracting Officer Representative success. Currently, he is completing a volume on The COTR Handbook: Effective Catalyst For Stronger Organizational Performance.
Professional Speaking
In addition, over the last three years, Mr. Stryker has been a requested speaker and presenter at a number of conferences and seminars on Performance Based topics (with a focus on enhancing performance application and accountability). The Conference sponsors include: The Performance Institute, The Government Contracting Institute, FOSE, Market Access, NCMA, Council for Excellence in Government and HHS.
Terry L. Elling, Esq.
Terry L. Elling, Esq.
Terry Elling has significant experience in government contracting rules and procedures.
He provides counsel and representation across the spectrum of government contract matters -- including bid protests, claims, prime contractor-subcontractor disputes and civil false claims. Mr. Elling also has significant experience with due diligence in connection with the merger and acquisition of government contractors, as well as post-transaction matters such as novations.
Mr. Elling has deep experience in related areas such as:
• Government ethics
• Industrial and personnel security
• Federal appropriations and fiscal law
• Export controls - Foreign ownership, control and influence (FOCI)
• Freedom of Information Act and Privacy Act
Mr. Elling brings a broad-based, strategic perspective to government contracts matters. He advises clients on the impact legal issues will have upon planned and ongoing programs, and helps them identify and implement efficient and cost-effective solutions.
Clients call on his experience in litigation of protests and claims, as well as in internal investigations of potential false claims and similar issues.
As an Army judge advocate prior to joining Venable, he was responsible for litigating many "high visibility" procurement and personnel cases.
While an Army trial attorney in the 1990s, Mr. Elling was an early advocate of Alternative Dispute Resolution (ADR) to resolve disputes while maintaining a positive working relationship between the government and its contractors.
Mr. Elling retired from active duty in 2002. Prior to retirement, he held a number of government contract and litigation assignments, including Chief of the Commercial Litigation Branch, U.S. Army Litigation Division, and as Assistant General Counsel (Ethics and Fiscal Policy), Department of the Army.
Activities
Mr. Elling serves child support and veteran's benefits clients, as part of Venable's pro bono program.
Mr. Elling is a member, and the immediate past chairman of, the board of directors of the Tuberous Sclerosis Alliance, a nonprofit dedicated to finding a cure and to improving the lives of those affected by tuberous sclerosis.
