A Comprehensive course on contracting for and performance of services for the Federal Government with full spectrum coverage from needs determination through contract closeout.
More than half of all Government contracts are service contracts and their use is increasing. That's reason enough for this course - to cover the rules and the practicalities in this complex area of procurement. But there is more. Service contracting is in the midst of dramatic change where new developments continue to unfold. This course examines the impact of those changes on your service contracting activities.
The course explains the basics of service contracting for those getting started and it includes coverage of new developments and emerging issues for those experienced in the field. It is a comprehensive course covering the full spectrum of service contracting from needs determination through contract closeout. Subjects include:
- Performance-Based Services Acquisition
- Service Contract Act developments
- Legislation including the Service Acquisition Reform Act (SARA) and other regulatory developments
- Results and recommendations of the Commercial Activities Panel report
- Award-Term and incentives in service contracts
- Increased use of the Federal Supply Schedule
- Types of Service Contracts
- Competing for Service Contracts
- A-76 cost comparison analyses bid protest
- Performance and Claims
- Contract administration issues
The Course Curriculum
FIRST DAY
FOUNDATIONS OF SERVICE CONTRACTING
Defining service contracts - what they are and what sets them apart. Practical background and history. Distinguishing between personal and nonpersonal services contracts - practical ways to keep the contracts nonpersonal. Permissible uses of experts and consultants. Types of service contracts - relating the contract form to what the Government is buying. Structure and duration of service contract - limitations of appropriation acts; other considerations. The use of multi-year procurement - how it functions and the benefits it provides; a comparison with one-year contracts with options. The "threshold question" - contracting out or keeping the work in-house - and a checklist for decision-makers. OMB Circular A-76 and how it is applied. The Service Contract Act - its coverage and application; fringe benefits; exemptions; health and safety; wage determination; penalties for violations; the effect of exercising contract options.
COMPETING FOR SERVICE CONTRACTS
Understanding the rules of the game. Establishing the program requirements and writing the solicitation. The Government evaluation process: applying evaluation factors to the proposal; the Government estimate as a determinative; the importance of cost realism ("low" cost estimate vs. "realistic" cost estimate, phase-in cost, profit, fees and incentives); comparing cost to technical factors; the effect of differing contract types. Importance of labor rates and wage determinations. The "competitive range" concept: need for written or oral discussions; pointing out proposal deficiencies, meaning of "best and final" offer. Source evaluation, point scores and the award process. Advantages and disadvantages of the incumbent contractor. Protest procedures, injunctions and other avenues of relief.
SECOND DAY
PERFORMANCE & CLAIMS
The general - and the special - problems involved in performing service contracts: standards of work; contractor's responsibilities; contract interpretation; changes; delays and interference with work; Government furnished property; inspection and acceptance; terminations. Express warranty clauses; applicability and effect of implied warranties. Obtaining and expediting payment. Disputes and their resolution: critical procedures; claims preparation and presentation; techniques of proof; scope and extent of relief.
COSTS & PRICES
Equitable adjustment elements and methods of determination. General standards of cost "reasonableness" and "allowability." Analysis of specific cost elements and their allowability; direct costs; indirect costs; burden; overhead (and unabsorbed overhead); G&A expenses. How costs are proved. The "learning curve" factor. Profit recovery. Controlling performance costs and the right to spend: limitation-of-cost requirements; incremental funding; multi-year agreements; special provisions. Pricing considerations. Defective pricing problems: clause provisions and operations; contractor obligation; extent of liability; methods of protection; setoffs; defenses. Applicability and impact of cost accounting standards.