U.S. Government Contracting | Federal Contracts Training Center

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.

Registration Fee

$995

Dates and Locations

December 31, 1969

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Lean Six Sigma for Government Contracting

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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.

Registration Fee

$750

Dates and Locations

December 31, 1969

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Contracting for Contracting Officer's Technical Representatives (COTRs)

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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

September 13, 2010 - September 14, 2010
Navigant Consulting, Inc.
8000 Towers Crescent Drive
Suite 350 (Map)
Vienna, VA

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November 4, 2010 - November 5, 2010
Flamingo Las Vegas
3555 Las Vegas Blvd S (Map)
Las Vegas, NV

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Preparing Effective Performance Work Statements or Statements of Objectives

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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

September 15, 2010 - September 16, 2010
Navigant Consulting, Inc.
8000 Towers Crescent Drive
Suite 350 (Map)
Vienna, VA

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November 8, 2010 - November 9, 2010
Flamingo Las Vegas
3555 Las Vegas Blvd S (Map)
Las Vegas, NV

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Fundamentals of Earned Value Management

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Overview

This two day seminar familiarizes participants with the structure of the 32 guidelines of the ANSI/EIA 748 Earned Value Management Systems (EVMS) Standard. During day one, participants will focus on FAR and DFARS clauses and thresholds for prime and subcontracts, and establishing the breakdown structures and indirect management of the EVMS organization. Day two takes an in-depth look at performance, cost and variance analysis, and the importance of customer report requirements and customer EVMS reviews.

Agenda

Units	Seminar Agenda	Day 1
	Course Introduction and Learning Objectives	9:00 – 9:15
I	EVMS ANSI Standard and the Structure of the 32 Guidelines	9:15 – 9:30
	FAR and DFARS Clauses and Thresholds for Prime and Subcontracts	9:30 – 10:30
	Break	10:30 – 10:45
II	Establishing the EVMS Organization · Work Breakdown Structures · Organization Breakdown Structures · Indirect Management	10:45 – 12:00
	Lunch	12:00 – 1:00
III	Developing the Integrated Schedules	1:00 – 2:30
IV	Authorizing the Work	2:30 – 3:00
	Break	3:00 – 3:15
V	Establishing the EVMS Baseline	3:15 – 5:00
		Day 2
VI	Performance for Subcontractors and Material	9:00 – 10:30
	Break	10:30 – 10:45
VII	Accounting for Performance and Actual Costs	10:45 – 11:15
VIII	Variances	11:15 – 12:00
	Lunch	12:00 – 1:00
IX	Variance Analysis and EAC Updates	1:00 – 3:00
	Break	3:00 – 3:15
X	Revisions and Control Logs	3:15 – 4:00
XI	Customer Reports	4:00 – 4:30
XII	Customer Reviews	4:30 – 5:00

Presenters

David A. Roberts

Mr. Roberts is a Managing Consultant in the Government Contractor Services practice of Navigant Consulting, Inc. (NCI). He has over 25 years of experience in the aerospace and defense industry working for major government contractors, including McDonnell Aircraft Company, The Boeing Company, and Bell Helicopter. He has extensive experience with Earned Value Management System (EVMS) processes and tools and Program Business Management.

Professional Experience

As the Director of EVM at Bell, Mr. Roberts implemented a new EVMS, redesigned the processes, deployed an integrated tool set, and established process metrics to evaluate performance.

Mr. Roberts served as corporate EVM Subject Matter Expert to the Boeing Program Management Council. In this role, he developed EVM assessment models, developed and taught executive and senior level EVM training, and performed maturity assessments on major defense and commercial programs for a defense contractor. He also led several Boeing teams focused on standardizing corporate-wide EVMS health metrics, training materials, and supplier EVMS flow-down requirements.

Mr. Roberts has extensive experience applying EVM on several major defense programs where he led all business functions in support of program acquisition and execution. In addition, he has served as a Finance Manager responsible for EVMS, AP, and AR and has created EVM compliant systems from desktop applications. Mr. Roberts has led many other enterprise-wide process improvements utilizing Six Sigma techniques and quality navigation tools as well.

Along with EVM, Mr. Roberts consulting experience also includes developing multiple forward pricing rate models, analyzing and recommending improved Accounting and Logistics organizations and performing various business system compliance reviews.

Registration Fee

$995

Dates and Locations

September 14, 2010 - September 15, 2010
The Westin Gaslamp Quarter, San Diego
910 Broadway Circle (Map)
San Diego, CA

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Solicitations, Bids, Proposals, and Source Selection

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Overview

This two day seminar examines the three phases and seven key steps of the buying and selling life cycle for government contracts. By pinpointing the proven best practices for government and industry contract planning and solicitation, participants will master the start-to-finish process of developing winning bids and proposals. Topics include effective risk assessment when evaluating contracts, streamlining the procurement planning and solicitation process, and the value of effective market research.

Agenda

Units	Seminar Agenda	Day 1
I	Overview, Introduction, & Quiz	9:00 – 9:15
II	The Buying & Selling Life-Cycle	9:15 – 9:30
	Pre-Bid/Proposal Phase & Exercise	9:30 – 10:00
	Break	10:00 – 10:15
III	Case Study	10:15 – 11:00
IV	Pre-Bid/Proposal Phase (cont’d) & Bid/Proposal Phase	11:00 – 12:00
	Lunch	12:00 – 1:00
V	Case Study	1:00 – 1:30
VI	Bid/Proposal Phase	1:30 – 2:30
	Break	2:30 – 2:45
VII	Case Study	2:45 – 3:15
VIII	Solicitations & Bid/Proposal Exercise	3:15 – 5:00
		Day 2
IX	Solicitation & Bid/Proposal Exercise (cont’d)	9:00 – 9:45
	Break	9:45 – 10:00
X	Post-Bid/Proposal Phase: Contract Negotiations, and Discussion & Exercise	10:00 – 12:00
	Lunch	12:00- 1:00
XI	Case Study	1:00 – 1:30
XII	U.S. Federal Marketplace – Best Practices	1:30 – 2:30
	Break	2:30 – 2:45
XIII	U.S. Commercial Marketplace – Best Practices	2:45 – 3:15
XIV	Global/Multi-National Marketplace – Best Practices	3:15 – 5:00
Each participant shall receive a copy of the best-selling book entitled Solicitations, Bids, Proposal, & Source Selection* by Gregory A. Garrett (CCH, 2007).

Presenters

Gregory A. Garrett, CPCM, C.P.M., PMP

Gregory A. Garrett is the Managing Director and leader of the Navigant Consulting, Inc. Government Contractor Services practice, headquartered in Vienna, Virginia. He is an internationally recognized expert in government contracting, cost estimating, contract pricing, proposal management, and project management. He is also a best-selling author of 16 books and 90+ published articles, a former highly decorated United States Air Force Military Officer, acclaimed speaker, and respected international business consultant. During the past 25+ years, he has successfully managed more than $30 Billion of large complex contracts and projects in both the U.S. government and industry. He has taught and consulted with more than 25,000 professionals in 40+ countries. He is the recipient of numerous national and international business awards for his writing, teaching, consulting, and leadership.

Mr. Garrett provides client support in assessing business risk and providing recommendations for performance improvement of contractor business systems, including: purchasing systems, cost estimating systems, contract pricing systems, contract administration systems, earned value management systems, subcontract management processes, and program management methodologies. He also serves as an expert witness in support of client claims/litigation.

Prior to joining Navigant Consulting, he served as Chief Operating Officer for Acquisition Solutions, Inc. where he led consulting engagements for over 30 U.S. Federal Government Agencies. He served 9 years with Lucent Technologies, Inc. as Chief Compliance Officer and VP of Program Management. Previously, he served as Partner and Executive Director Global Business at ESI International. Formerly, he served as a highly decorated military officer, for the United States Air Force, including assignments as: program manager Space Systems Division, warranted contracting officer Aeronautical Systems Division, professor of contracting management Air Force Institute of Technology, and acquisition action officer, HQ USAF the Pentagon.

Professional Experience
Mr. Garrett has worked with government contractors on a variety of complex issues, including:
• Guiding emerging government contractors to develop strategies to win business with U.S. Federal Government agencies
• Evaluating government prime contractors and subcontractors business systems, including: cost estimating systems, contract pricing systems, purchasing systems, government property management systems, earned value management systems, and contract administration systems
• Creating a Global Program Management Methodology, with processes, policies, tools, and training, supporting more than 2,000 project managers in over 40 countries for a Fortune 100 information technology firm
• Creating a comprehensive bid/proposal/capture management methodology, with process, policies, tools, and training for a Fortune 100 global services firm
• Evaluating the Life-Cycle buying and selling contract management and subcontract management processes of numerous Fortune 500 Firms to determine action plans to optimize business results
• Developing and implementing a robust and cost effective Earned Value Management System (EVMS) for a growing Top 50 U.S. Department of Defense government contractor
• Preparing companies for pending government reviews and audits conducted by the Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA), including: Contractor Purchasing Systems Review (CPSR), Government Property Management Systems Review, Integrated Baseline Review (IBR), Cost Estimating, and Contract Pricing Systems Reviews
• Serving as an expert contract negotiator/consultant to enable numerous Fortune 500 firms to obtain the best possible contract negotiation results on large complex high technology contracts
• Conducting Benchmarking studies of contract management, subcontract management, and logistics management processes, policies, tools, and training for numerous government agencies and government contractors
• Developing, evaluating, and conducting customized professional training seminars on numerous business topics worldwide, including: cost estimating, contract pricing, contract negotiations, bid/proposal/capture management, performance-based contracting, contract administration, program management, supply chain management, risk management, and leadership

Mr. Garrett is the author or coauthor of 16 books, including:

(1) Managing Contracts for Peak Performance, NCMA, 1990
(2) World Class Contracting, ESI International (1st Edition 1997), CCH, (2nd, 3rd, & 4th Editions 2001, 2003, 2007)
(3) The Capture Management Life-Cycle: Winning More Business (CCH, 2003)
(4) Managing Complex Outsourced Projects (CCH, 2004)
(5) Contract Negotiations (CCH, 2005)
(6) Contract Management Organizational Assessment Tools (NCMA, 2005)
(7) Performance-Based Acquisition (NCMA, 2006)
(8) U.S. Military Program Management (Management Concepts, 2007)
(9) Leadership: Building High Performance Buying & Selling Teams (NCMA, 2007)
(10) Solicitations, Bids, Proposals, & Source Selection (CCH, 2007)
(11) Getting Results: Six Disciplines of Performance-Based Project Management (CCH, 2008)
(12) Cost Estimating and Contract Pricing (CCH, 2008)
(13) Risk Management for Complex U.S. Government Contracts and Projects (NCMA, 2009)
(14) Managing Subcontracts(Thomson-West, 2009)
(15) Contract Administration (CCH, 2009)
(16) Time and Materials Contracts and Pricing (CCH, 2010)

Mr. Garrett has authored or coauthored over 90 published articles, in more than 12 professional magazines and journals on the following topics:

• Cost Estimating
• Contract Pricing
• Contract Negotiations
• Contract Administration
• U.S. Government Contracting
• Performance-Based Acquisition
• Commercial Contracting
• Bid/Proposal Management
• Project Management
• U.S. Military Program Management
• Supply Chain Management
• Risk Management
• Subcontract Management
• Earned Value Management
• Leadership

Registration Fee

$995

Dates and Locations

November 2, 2010 - November 3, 2010
Flamingo Las Vegas
3555 Las Vegas Blvd S (Map)
Las Vegas, NV

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Contract Administration

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Overview

Program Content
This two day seminar familiarizes participants with the fundamentals of contract administration process and procedures. Based upon the title Contract Administration: Tools, Techniques and Best Practices.

Agenda

Units	Seminar Agenda	Day 1
I	Seminar Overview & Quiz	9:00 – 9:15
II	Contract Administration Process	9:15 – 10:00
	Break	10:00 – 10:15
III	Integrated Project Management & Risk Management	10:15 – 11:00
IV	Contract Changes Management	11:00 – 12:00
	Lunch	12:00 – 1:00
	Case Study	1:00 – 1:30
V	Contract Financing, Payments, & Profit Analysis	1:30 – 2:45
	Break	2:45 – 3:00
VI	Case Study and Claims & Dispute Resolution Methods	3:00 – 5:00
		Day 2
VII	Subcontract Management: Challenges and Best Practices	9:00 – 10:15
	Break	10:15 – 10:30
VIII	Case Study and Government Property Management: Lessons Learned & Best Practices	10:30 – 12:00
	Lunch	12:00 – 1:00
	Case Study	1:00 – 1:30
IX	Contract Terminations & Closeout	1:30 – 2:45
	Break	2:45 – 3:00
X	Contract Interpretation, Contract Policies, Reviews, & Audits	3:00 – 3:45
	Summary	3:45 – 5:00
Every attendee shall receive a copy of the new book, Contract Administration: Tools, Techniques, and Best Practices* by Gregory A. Garrett (CCH, 2010).