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					The Role of Contracts in the
Capture Process

Breakout Session #505

Randy Centanni, Manager Pricing, Space Operations
Lockheed Martin Information & Technology Services


Date            April 26, 2005
Time            1:30 pm – 2:30 pm


NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 2
Setting the Stage

• Regardless of whether your company is
  large or small, a solid capture process is
  the foundation for winning new business
  and retaining your incumbent contracts.
• It is important to remember that Contracts
  is not just an administrative appendage to
  the proposal process but a vital member of
  the process.

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 3
Areas of Enthusiasm for Contracts

•     Communication
•     RFP/Contract Risk Analysis
•     Proposal Preparation
•     Proposal Submission
•     Orals Participation
•     FPR/BAFO Submission
•     Proposal Audit
•     Negotiations
•     Document Lessons Learned/Proposal Debriefing
•     Issue Contract Summary & Kick Off Meeting
•     Protest (If applicable)

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 4
Communications

• FAR 15.201(a), states, “Exchanges of
  information among all interested parties,
  from the earliest identification of a
  requirement through receipt of
  proposals, are encouraged. Any
  exchange of information must be
  consistent with procurement integrity
  requirements (see 3.104).”

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 5
Communications (Con’t)

• It is the Contracts organization that will
  establish early contact with the Contracting
  Officer.
• It is this information exchange with the
  customer that can identify and resolve
  potential contracting issues early in the
  proposal process.



NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 6
Communications (Con’t)

• It is these exchanges that provide
  opportunities to shape the
  customer/government requirements,
  specifications and/or terms, and provide a
  perception of how your company can
  provide the best value.
• Accordingly, it is critical that contracts be a
  prime participant in one-on-one exchanges
  and any other direct communication with the
  customer to monitor the flow of information.

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 7
Communications (Con’t)

• In addition to communication outside the
  company, there are numerous meetings in
  which all Contract Administrators must
  participate to ensure compliance with the
  RFP requirements.
• Contracts must also provide support to
  the proposal team to resolve contract
  issues that develop during the process.

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 8
RFP and Risk Analysis

• Its is Contracts role to confer with legal or
  any other department that could be
  effected by the provisions of the RFP,
  which present unusually high risk to the
  company. These unusual risks are
  identified in the risk analysis which is
  performed by Contracting. The risk
  analysis should be issues by memo to the
  appropriate executives within the
  company.


NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 9
Proposal Preparation

Items that are exclusive under contracts domain.
• Completion of all Representations and
  Certifications.
• Disclosure of any Unsolicited Provisions or
  Exceptions to the RFP.
• Contracting ensures compliance with all
  Public Laws. The contracting activity is
  responsible for executing the certificate
  when executing the Offer Standard Form
  33.

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 10
Proposal Preparation (Con’t)

• Contracts draft for Management the
  Transmittal Letter.
• Seek Authorized and Approval for
  submittal of Proposal including Signature
  of Offorer if outside of Contracts domain
  {formal commitment on behalf of the
  Company}


NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 11
Proposal Preparation (Con’t)

• It is the Contracting who should have the
  responsibility for executing the Certificate
  of Independent Price Determination when
  an SF33 is required.
• The contracting organization is responsible
  for executing the certificate when
  executing the Offer Standard Form 33 (SF
  33).
• Develop the OCI Mitigation Plan for
  submittal with proposal if required.

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 12
Proposal Submission

• Contracting provides guidance in the
  development of the proposal delivery plan
  to assure strict adherence to the RFP
  instructions.
• Contracting insures that the proposal is
  delivered and signed for by the appropriate
  customer personnel as stated in the RFP.



NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 13
Orals Participation

• Contracting assists the capture team in the
  development of the oral proposals and
  actively participates with other key
  personnel in the oral presentation. If the
  customer requires “discussions” as part of
  the oral proposal/presentation, contracting
  represents the company in communicating
  the company’s position.


NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 14
FPR/BAFO Submission

• Contracting plays a major role in
  conjunction with the capture team in
  developing a sound strategy to respond to
  the FPR. The response must be consistent
  with the overall strategy as modified by
  changes generated as a result of customer
  evaluation or orals. Should the customer
  request negotiations, contracting should
  represent the company in communicating
  all positions.
NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 15
Proposal Audit

• Contracting, in conjunction with the
  company’s pricing or cost estimating
  department, is typically the main focal
  point for the customer, or his authorized
  representative (usually the DCAA) for the
  evaluation of the current, accuracy and
  completeness of the cost or pricing data
  submitted with a proposal, if required.



NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 16
Negotiations

• Contracting has primary responsibility for
  all negotiations with the customer.
• Contracting, if necessary, should obtain
  any and all required management
  approvals as a result of negotiations prior
  to executing a handshake with the
  customer.
• It is contracting who provides a Certificate
  of Current Cost or Pricing Data, if required,
  and makes it a part of the proposal file.

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 17
Negotiations (Con’t)

• Contracting is also responsible for the
  memorandum of negotiation for inclusion
  in the contracts and proposal file.
• It is contracting that prepares the
  confirmation letter to the Contracting
  Officer as a document containing the
  results of the negotiations.


NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 18
Document Lesson learned/Proposal
Debriefing
The post-award debriefing should provide at
  a minimum the following information
• The significant weakness or deficiencies
  found in our proposal
• The overall evaluation of price and/or cost
  and the technical ratings of the winner.
• The overall ranking of offerors.
• Answers to questions relevant to the
  Government’s conduct of the competition and
  source selection.


NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 19
Issue Contracts Summary

• The Summary should also include the following as a
  minimum:
• Specific contract information (name, number, dates,
  etc.)
• Customer names, addresses, and telephone
  numbers
• Invoicing instructions and limitations (ceiling, caps,
  etc.)
• Work breakdown structure (WBS)
• Responsible Department or Organization within your
  company
• Period of Performance

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 20
Issue Contracts Summary (Con’t)

• Contract value
• Incremental funding authorizations and
  applicable dates
• Option values and dates to be exercise.
• Breakout of all contractually specific
  financial terms and/or limitations.
• Award fee information

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 21
Issue Contracts Summary (Con’t)

• Subcontracting plan (goals,
  requirements, reporting 294/295)
• Wage determination in effect at time of
  contract
• Security classification level
  requirements (If required)
• Special contract clauses and
  requirements

NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 22
Protest

• Contracting should request a post-
  award debriefing in writing from the
  Contracting Officer within three (3) days
  of any award.
• A debriefing should be conducted within
  five (5) days after receipt of the formal
  request; but is usually scheduled at the
  mutual convenience time for both
  parties.


NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 23
Protest (Con’t)

• Once a debriefing had been conducted,
  the unsuccessful offeror has ten (10)
  days to file a timely protest with the
  Government Accounting Office (GAO)
  or responsible agency.




NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 24
Summary

• While Business Development leads
  capture efforts, winning new and re-
  competing business is a team effort that
  depends on the communication and
  dedication of every person within a
  company.

      “Contracts is a vital member of this process”


NCMA World Congress 2005                                          April 25–27, 2005
                                                                  Phoenix Civic Plaza/Hyatt Regency Phoenix
“Prime Time: Contract Management at the Core of the Enterprise”   Phoenix, AZ                                 25

				
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