Prime Role of contracting officers Contracts Role of government - PowerPoint PPT Presentation

• Can be tracked using both free and paid databases • Funding can be tracked Prime • Role of contracting officers Contracts • Role of government technical personnel • Assessment of incumbent contractor • Changes from incumbent contract

• Leverage shifts from subcontractor to prime contractor after proposal submittal • Prior to proposal submittal prime contractor “needs” subcontractor • After award Prime Contractor can force Subcontracts terms and conditions to subcontractors • After award Prime Contractors can force target pricing onto subcontractors • Prime Contractors are required to use subcontractors listed on proposal however level of participation not specified.

• Carefully select teaming partner • Define exclusivity • Teaming agreements are each unique Teaming • Some terms are negotiable • Some terms are not negotiable • Some teaming agreements are not enforceable

• Work share guarantees • Pricing Issues that • Changes in scope • Proposal support, costs and can result in commitments disputes on • Commitment to submit proposal and exclusivity teaming • Task orders on IDIQ and MATOC agreements contracts

• What happens if a partner elects to Issues to abandon decision to bid? resolve • What happens on an IDIQ if prime elects to no-bid a task? before • Can a teammate change teams? teaming • Does agreement include re-competes?

• What are “acceptable prices”? • What escalation (inflation?) is acceptable? Issues to • Is subcontract firm fixed price? resolve • What happens if rates change? • What rates must partner use if they have before multiple rates? teaming • What rates will be used in change orders? • Will subcontractor be bound by same (continued) Collective Bargaining Agreement? • What happens if positions are reclassified and costs increase?

• Definition of workshare Issues to • What happens if work specified on proposal is not ordered? resolve • What happens on adds/deletes? before • What happens if partner is acquired and has organization conflict of teaming interest on their share of contract? (continued) • Is workshare consistent on each task?

• Who pays proposal costs? • Who pays third party costs? Issues to • Where will proposal be produced? resolve • Will both teammates have access to proposal? • What are responsibilities during ENs and FPR? before • Who pays protest costs? teaming • Do both partners have the right to demand a protest? (continued) • Can both parties participate in discussions? • Can both parties participate in debriefing?

• Who pays Capital Expense? • Who provides vehicles? Issues to • Who provides inventory? resolve • Who has access to government provided materials? before • Who attends government progress teaming meetings? • Are teaming agreements guaranteed (continued) option years? • How can subcontractor sell equipment after contract completion?

• What are payments terms? • Is the agreement “pay when paid?” Issues to • Are there discounts for early payment? resolve • Do partners work at risk during government shutdowns? before • What happens if prime contractor teaming invoice to government is rejected? • What happens if government takes (continued) deductions on payment? • Are government discounts for early payment passed on to subcontractors?

• What is the definition of “acceptable performance?” Issues to • What are consequences for marginal or unacceptable performance? resolve • What happens if partner fails to before successfully recruit? • Can both teammates see CPARs? teaming • Will Prime Contractor provide past (continued) performance evaluations for subcontracts?

• What rights does each partner have? • Do all decisions require unanimous approval? Teaming • What is negative control? utilizing • Compliance with SBA regulations (if required). Joint • Business considerations and SBA requirements. (They can be different.) Ventures • Termination of joint venture. • Close out costs on join venture. • Past performance on joint ventures.

• Realistic definition of existing past performance • Clear definition of strategic goals and Tracking a markets • Identifying opportunities within larger business solicitations development • Confirming SAM profile is correct pipeline • Confirming “interested parties” submissions are correct • Marking websites consistent with capabilities listed elsewhere

• Tracking a • business • development pipeline • (continued.)

• Down-select from identified opportunities to bid decisions. • Ensure that past performance meets Tracking a requirement business • Identify teaming partners development • Perform gap analysis pipeline • Track timing of bids • Track proposal resources (continued) • Rank opportunities and capture plan for each.

• Preparing bids during preproposal phase Tracking a • Capture activities • Customer meetings business • Recruiting development • Developing staffing chart and pipeline preliminary price estimate (continued) • Working with draft solicitations • Comparing new solicitations with incumbent contracts

• Preparing proposals • Assembling proposal team Tracking a • Estimating and pricing business • Allocating costs among line items development • Avoiding unbalanced bids pipeline • Understanding work load data (continued) • Allocating proposal costs • Establishing proposal schedule • Responding to EN and FPR requests

• Tracking submitted bids Tracking a • Amendments business • ENs and discussions development • Final Proposal Submissions pipeline • Extending pricing validity dates (continued) • Debriefings • Protests

• Prepare for phase-in activities • Identify vendors for vehicles, Awards and inventory, and other items • Negotiations with incumbent phase-in contractors activities • Projecting cash flow • Identifying phase-in teams • Establishing and adhering to budgets

• Prepare company’s strategic plan before building business development pipeline • Identify appropriate contracts to pursue • Identify appropriate teaming partners Conclusions • Negotiate equitable teaming agreements • Track both proposal efforts and cash resources to execute awarded contracts • Track human resource requirements on possible wins

Slides are available after • Carlos Garcia conference • Email: cgarcia@thtbc.com on • Mobile: (303) 619-2275 conference website