1 / 44

The Federal Acquisition Institute

The Federal Acquisition Institute. Acquisition Learning Seminar "Deal or No Deal - Contract Administration" Thursday, October 25, 2007, 10:00 a.m.- 11:30 a.m. Preparing Today’s Workforce for Tomorrow’s Challenges. The Federal Acquisition Institute. Joni Dowling

ziazan
Télécharger la présentation

The Federal Acquisition Institute

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Federal Acquisition Institute Acquisition Learning Seminar "Deal or No Deal - Contract Administration" Thursday, October 25, 2007, 10:00 a.m.- 11:30 a.m. Preparing Today’s Workforce for Tomorrow’s Challenges

  2. The Federal Acquisition Institute Joni Dowling Director, HCA Desk Officer Acquisition Support Roles and Responsibility of the COTR and Program Manager Preparing Today’s Workforce for Tomorrow’s Challenges

  3. Federal Acquisition InstituteAcquisition Learning Seminar • Why are we here? • It’s critical to mission success that we make deals that match the overall objectives of our organization’s mission, make good business sense, and that both parties can experience goal attainment. • It’s awarded…now what? All spectrums of the acquisition phase are important (think…garbage in, garbage out). Those responsible for administrating the contract after award will have to rectify mistakes made in the planning and award phase. • This often means that we negotiate, resolve, and use effective interpersonal skills to maintain a positive working relationship within the team structure (yes, the contractor is part of the team).

  4. Federal Acquisition InstituteAcquisition Learning Seminar Contracting Activities Sequence Requirements Acquisition Plan Acquisition Package Solicitation Source Selection/Negotiation Award Contract Administration Delivery/Acceptance Contract Closeout At what stage does the COTR responsibilities begin?

  5. Federal Acquisition InstituteAcquisition Learning Seminar Flow of Authority CONSTITUTION CONGRESS Senior Procurement Executive Head of Agency ...……… …….. Head of Contracting Activity Contracting Officer

  6. Apparent Authority (The Federal Government is not bound by this authority) Unauthorized Commitments (When others commit the Government without having “real” authority) Federal Acquisition InstituteAcquisition Learning Seminar Authority of an Agent Real Authority Ratification (When the Government decides to be bound by such commitment)

  7. Federal Acquisition InstituteAcquisition Learning Seminar Things to ask yourself when you are reviewing the contract: What type of contract is it? Are there any deliverables? Are we requiring any reports? What are the invoice procedures? Are there any testing, safety, or security requirements? Are there any special provisions that must be followed (usually found in Section H)?

  8. Federal Acquisition InstituteAcquisition Learning Seminar FILES MUST CONTAIN: • Copy of the Contract • COTR Appointment Letter • Copy of Invoices, inspection and acceptance receiving reports • Contract Modifications • Copies of all Correspondence • Memorandums for Record of Actions Issues • PWS/SOW with attachments • Quality Assurance Plan • Negative Assessments • Weather Reports • Retain COTR File for 3 Years

  9. Federal Acquisition InstituteAcquisition Learning Seminar NON PERSONAL SERVICES PERSONAL SERVICES FAR 37 Govt. can not treat contractor employees the same as it treats a Govt. employee.

  10. Federal Acquisition InstituteAcquisition Learning Seminar PROCUREMENT INTEGRITY • Prohibition against: • Accepting gratuities • 2. Releasing procurement • sensitive information • Releasing proprietary • information FAR 3

  11. Federal Acquisition InstituteAcquisition Learning Seminar Performance-Based Traditional Outcomes v. Results Activitiesv. Compliance • Preferred description for services • Addresses quality at which work is to be performed & consequences if contractor fails to achieve the quality • Allows the contractor to use any efficient method to achieve the end result • More directive in nature • Spells out the requirement in terms of the “how to”. • Restricts the contractor to use the most efficient method to achieve the end result. Adapt to the Situation

  12. Federal Acquisition InstituteAcquisition Learning Seminar So, what do we do when there’s a failure to communicate that results in a disagreement?

  13. RESOLVING AND AVOIDING ACQUISITION DISPUTES Direct and Third Party Negotiation Federal Acquisition Institute Anthony N. Palladino, Director, FAA ODRA October 25, 2007

  14. TOPICS • Introduction- Dispute resolution in government contracts • Comparing The ADR and Adjudication Processes • Types of ADR and Typical Outcomes • Useful ADR Resources

  15. FAA ACQUISITION MANAGEMENT SYSTEM • Operational since April, 1996 • Uses integrated product teams and lifecycle acquisition processes • Incorporates policy favoring alternative dispute resolution

  16. ODRA Statutory Authority • Under 49 U.S.C. 40110 (d), all bid protests and contract disputes that cannot be resolved through voluntary ADR “shall be adjudicated by the Administrator through dispute resolution officers or special masters of the Federal Aviation Administration Office of Dispute Resolution for Acquisition….”

  17. ODRA MISSION • To provide the FAA and its contractors with dispute resolution services that are readily available, as well as more timely and less expensive than traditional disputes processes.

  18. ADR Misconceptions • It is a “Giveaway” to the Contractor • Government Must Compromise its Principles • Costs Too Much, Takes Too Long • Requires Extra Work

  19. OFFICE OF DISPUTE RESOLUTION FOR ACQUISITION PROCESS • ADR AS PRIMARY METHOD • HIGH RATE OF USE AND SUCCESS • PRE-DISPUTE PROCESS

  20. CASE MANAGEMENT APPROACH • ADR emphasized & explored in all cases • ODRA initiated • Early intervention efforts • Parties retain choice on ADR & neutral • Forms of ADR employed • Neutral evaluation • Facilitative mediation • Binding arbitration • Streamlined adjudication process

  21. CASE STATISTICS • Cases filed 6/96 to present: 500+ • 300 protests, 131 contract disputes, 11 EAJA Apps., 4 A-76 contests and 81 pre-dispute/ non-AMS matters Cases completed 6/96 to present: 500+ • Protests settled in ADR: 189 (65% of all protests filed) • Contract disputes settled in ADR: 113 (91% of all disputes filed)

  22. CASE STATISTICS • Avg Durations • Protests ADR:24 days • Protests Adj: 61 days • Contests ADR: 31 days • Contests Adj: 138 days

  23. SETTLEMENT EXAMPLES • Bid protests: • Withdrawals based on enhanced debriefings/evaluations (60% of settlements) • Agency voluntary action (40% of settlements) • Re-compete, immediately or after base year • Permit revised offers or revise specifications • Compete in lieu of sole source • Address past performance issues • Capability demonstrations re: future opportunities • Payment of B&P costs

  24. SETTLEMENT EXAMPLES • Contract disputes • Negotiated dollar settlements • Setoffs of claims and counterclaims • Conversions of terminations • Revisions to delivery schedules

  25. Role of the CO in ADR • Part of Contract Management Responsibilities • Must be an Active Participant • Has Ultimate Control Over Outcome

  26. RECOMMENDATIONS • Attempt to resolve issues with the contractor before formal dispute develops, if possible • If direct negotiation fails, seek third party assistance • Earlier is better

  27. RECOMMENDATIONS • Build ADR into Your Contract Administration Practices • Make the Disputes Process Accessible & User Friendly • Access Trained Committed Neutrals • Obtain Dispute Resolution Training

  28. ADR Resources • Civilian Board of Contract Appeals • Armed Services Board of Contract Appeals • GAO • Agency-Based ADR Offices

  29. ODRA WEBSITEOn the FAA Homepage at:http://www.odra.faa.gov • Guide to ODRA ADR process • Sample forms, orders & agreements • Hyperlinks

  30. OTHER MATERIALS • A. ODRA ADR Guide (abridged) • B. ADR Success Stories • C. Case Management Statistics • D. ADR Survey Results

  31. CONCLUSION • ADR process provides much more efficient and faster dispute resolution than litigation • Adjudication inherently destructive of working relationships • Emphasis is on business solutions in ADR • Be open to creative solutions

  32. The Federal Acquisition Institute Nydia Coleman Chief, Office of Contracts, Library of Congress Resolving Questions Relatingto Contract Administration Preparing Today’s Workforce for Tomorrow’s Challenges

  33. Where’s my money? • How clear are your invoicing procedures? • Are they located in a visible place on your contract? • Is it clear who the vendor should call?

  34. What exactly do you wantme to deliver? • How clear are your specifications? • Did you really read them? • Can you rely on your COTR/Program Manager?

  35. Service Contract Act • Is this requirement subject to SCA? • Is there a collective bargaining agreement? • What’s the anniversary date? • Do you understand wage determination requirements?

  36. Who is my day-to-day contact?The COTR/Program Manager • Does this person really understand the program? • Have you (the CO) issued a letter of authorization to the COTR? • Have you (the CO) conducted a post award meeting? • Are you comfortable that this person knows what questions should be referred to the CO?

  37. What do you mean that’s notwhat you wanted? • Disputes • Claims

  38. The Federal Acquisition Institute Cherie Smith Project Officer, General Fund Enterprise Business System (GFEBS) How to maintain a positive relationship with contract stakeholders Preparing Today’s Workforce for Tomorrow’s Challenges

  39. Understand Who Your Stakeholders Are at All Levels

  40. GFEBS Financial Management ProjectCategory Function Funds Management Process Funds Control Task Commitment Purchase Request Describe the Problemin Their Terms

  41. Perform Periodic Realty Checksat all Stakeholder levels

  42. Ensure Senior Stakeholders are Out In Front – not behind you!

  43. Federal Acquisition InstituteAcquisition Learning Seminar • Panel’s Final Thoughts on Best Practices to follow: • Get trained/Get certified/Stay current • Establish a partnership with the contracting staff • Establish a communication process • Know who has the authority • Know the difference between a non-personal service and a personal service • Conduct yourself in accordance with your agency’s rules, regulations, and policies • Adapt your leadership style based on the requirement (PWS vice SOW) • Rely on resources like the Defense Acquisition University (DAU) Community of Practice (COP)

  44. The Federal Acquisition Institute Thank you for attending! Questions & Answers Session Find us at www.FAI.gov Preparing Today’s Workforce for Tomorrow’s Challenges

More Related