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

Prime Contracts

• Can be tracked using both free and

paid databases

• Funding can be tracked
• Role of contracting officers
• Role of government technical

personnel

• Assessment of incumbent contractor
• Changes from incumbent contract

Subcontracts

• Leverage shifts from subcontractor to

prime contractor after proposal submittal

• Prior to proposal submittal prime

contractor “needs” subcontractor

• After award Prime Contractor can force

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.

Teaming

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

enforceable

Issues that can result in disputes on teaming agreements

• Work share guarantees
• Pricing
• Changes in scope
• Proposal support, costs and

commitments

• Commitment to submit proposal and

exclusivity

• Task orders on IDIQ and MATOC

contracts

Issues to resolve before teaming

• What happens if a partner elects to

abandon decision to bid?

• What happens on an IDIQ if prime

elects to no-bid a task?

• Can a teammate change teams?
• Does agreement include re-competes?

Issues to resolve before teaming (continued)

• What are “acceptable prices”?
• What escalation (inflation?) is acceptable?
• Is subcontract firm fixed price?
• What happens if rates change?
• What rates must partner use if they have

multiple rates?

• What rates will be used in change orders?
• Will subcontractor be bound by same

Collective Bargaining Agreement?

• What happens if positions are reclassified

and costs increase?

Issues to resolve before teaming (continued)

• Definition of workshare
• What happens if work specified on

proposal is not ordered?

• What happens on adds/deletes?
• What happens if partner is acquired

and has organization conflict of interest on their share of contract?

• Is workshare consistent on each task?

Issues to resolve before teaming (continued)

• Who pays proposal costs?
• Who pays third party costs?
• Where will proposal be produced?
• Will both teammates have access to proposal?
• What are responsibilities during ENs and FPR?
• Who pays protest costs?
• Do both partners have the right to demand a

protest?

• Can both parties participate in discussions?
• Can both parties participate in debriefing?

Issues to resolve before teaming (continued)

• Who pays Capital Expense?
• Who provides vehicles?
• Who provides inventory?
• Who has access to government

provided materials?

• Who attends government progress

meetings?

• Are teaming agreements guaranteed
• ption years?
• How can subcontractor sell equipment

after contract completion?

Issues to resolve before teaming (continued)

• What are payments terms?
• Is the agreement “pay when paid?”
• Are there discounts for early payment?
• Do partners work at risk during

government shutdowns?

• What happens if prime contractor

invoice to government is rejected?

• What happens if government takes

deductions on payment?

• Are government discounts for early

payment passed on to subcontractors?

Issues to resolve before teaming (continued)

• What is the definition of “acceptable

performance?”

• What are consequences for marginal
• r unacceptable performance?
• What happens if partner fails to

successfully recruit?

• Can both teammates see CPARs?
• Will Prime Contractor provide past

performance evaluations for subcontracts?

Teaming utilizing Joint Ventures

• What rights does each partner have?
• Do all decisions require unanimous

approval?

• What is negative control?
• Compliance with SBA regulations (if

required).

• Business considerations and SBA
• requirements. (They can be different.)
• Termination of joint venture.
• Close out costs on join venture.
• Past performance on joint ventures.

Tracking a business development pipeline

• Realistic definition of existing past

performance

• Clear definition of strategic goals and

markets

• Identifying opportunities within larger

solicitations

• Confirming SAM profile is correct
• Confirming “interested parties”

submissions are correct

• Marking websites consistent with

capabilities listed elsewhere

Tracking a business development pipeline (continued.)

Tracking a business development pipeline (continued)

• Down-select from identified
• pportunities to bid decisions.
• Ensure that past performance meets

requirement

• Identify teaming partners
• Perform gap analysis
• Track timing of bids
• Track proposal resources
• Rank opportunities and capture plan

for each.

Tracking a business development pipeline (continued)

• Preparing bids during preproposal

phase

• Capture activities
• Customer meetings
• Recruiting
• Developing staffing chart and

preliminary price estimate

• Working with draft solicitations
• Comparing new solicitations with

incumbent contracts

Tracking a business development pipeline (continued)

• Preparing proposals
• Assembling proposal team
• Estimating and pricing
• Allocating costs among line items
• Avoiding unbalanced bids
• Understanding work load data
• Allocating proposal costs
• Establishing proposal schedule
• Responding to EN and FPR requests

Tracking a business development pipeline (continued)

• Tracking submitted bids
• Amendments
• ENs and discussions
• Final Proposal Submissions
• Extending pricing validity dates
• Debriefings
• Protests

Awards and phase-in activities

• Prepare for phase-in activities
• Identify vendors for vehicles,

inventory, and other items

• Negotiations with incumbent

contractors

• Projecting cash flow
• Identifying phase-in teams
• Establishing and adhering to budgets

Conclusions

• Prepare company’s strategic plan before

building business development pipeline

• Identify appropriate contracts to pursue
• Identify appropriate teaming partners
• 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 conference

• n

conference website

• Carlos Garcia
• Email: cgarcia@thtbc.com
• Mobile: (303) 619-2275