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Commercial Item Acquisition


Now Available
In-House

This course provides an extensive analysis of current developments in the acquisition of commercial products and services by the Federal Government. It will assist you in learning how to benefit from specialized regulations applicable to the acquisition of commercial items.

The Federal Acquisition Regulation establishes a mandatory preference for the Federal Government to purchase products and services available in the commercial marketplace using commercial terms and conditions. Since the passage of the Federal Acquisition Streamlining Act of 1994, federal agencies have sought to comply with its mandatory requirements in various ways. This course reviews both the regulatory requirements and the practical application of the commercial acquisition process in the federal marketplace.

If you are a contractor selling commercial products and services to either the Federal Government or to higher tier government contractors, this course is designed to give you both the regulatory knowledge and the practical tips to marketing and selling to federal customers. If you are a federal buyer, you will be able to learn what other agencies are doing, within the regulatory framework, to simplify the acquisition process so that you can easily acquire the commercial products and services your agency needs.

The course focuses on the type of products and services covered by the regulatory definition of a commercial item, the procedures used by the Federal Government to acquire those items, the terms and conditions used in solicitations and contracts, and the special price analysis methods used to determine that offered prices are fair and reasonable. In addition, there is a discussion of the specialized terms and conditions associated with the $35 billion General Services Administration multiple award schedule contract program as well as proven methodologies for marketing commercial products and services to federal agencies.

The program will be presented by a faculty of experienced practitioners who were involved in the early commercial acquisition statutory reforms and who have focused on working with commercial vendors and agencies purchasing commercial items. In addition to their detailed lectures, course participants will receive a comprehensive Course Manual to use during the program and after the program has been completed.

The Course Curriculum

  1. OVERVIEW
    1. The Current Landscape
      1. Procurement Reform
      2. FASA/FARA/SARA
      3. FAR Changes

  2. COMMERCIAL ITEM DEFINITION
    1. Products
    2. Services
    3. Case Law

  3. MARKETING COMMERCIAL PRODUCTS AND SERVICES
    1. Requirements
      1. FAR Part 10 and Part 12 - Market Research Requirements
    2. Resources
      1. FedBizOpps
      2. Federal Procurement Database
      3. GSA Schedules E-Library
      4. GSA Advantages
      5. GSA Schedule Sales Query
      6. Contract Directory
    3. Strategies
      1. Training
      2. Gratuitous Services
      3. Pilot Programs
      4. Unsolicited Proposals
      5. Consultants and Lobbyists
    4. Partners
      1. GWACs
      2. Reseller Agreements
      3. Teaming Agreements

  4. COMMERCIAL TERMS AND CONDITIONS
    1. FAR Part 12
    2. Prime Contracting and Subcontracting
    3. Federal Contract Formats
    4. Federal Contract Terms and Conditions
      1. Small Business Preferences
      2. Service Contract Act
      3. Buy American/Trade Agreements Act
    5. Commercial Terms and Conditions

  5. COMMERCIAL CONTRACT PRICING
    1. Cost or Pricing Data
    2. Information Other Than Cost or Pricing Data
    3. Price Analysis
    4. Market Pricing
    5. Catalogue Pricing

  6. GSA: A CASE STUDY IN COMMERCIAL ITEM CONTRACTING
    1. Role in Marketplace
    2. Obtaining a Schedule
    3. Unique and Non-Commercial Terms and Conditions
    4. Compliance Issues
    5. Challenges of FSS Orders
    6. Cooperative Purchasing

The Course Faculty

William A. Shook Partner in the law firm of K&L Gates • Mr. Shook is co-author of the legal case book, Government Contract Law 2nd Edition, published by Carolina Academic Press and is an adjunct professor of Government Contract Law at Washington and Lee University • Mr. Shook served as counsel to the Commercial Products Acquisition Team that focused early attention on the need for statutory and regulatory changes involving the acquisition of commercial products by the federal government • Prior to joining Preston Gates, Mr. Shook was staff to the Senate Judiciary Committee and the House Commerce Oversight and Investigations Subcommittee • He has a Juris Doctor degree with honors from George Washington University.

Kelley P. Doran Partner in the Washington, D.C. office of K&L Gates, concentrates his practice in the representation of commercial hardware, software and information technology service companies that sell products and services to federal, state and local governments • An experienced government contracts litigator in the area of bid protests and small business size determinations • Bachelor of Arts, cum laude and Phi Beta Kappa, from Bates College; Juris Doctor degree from Washington & Lee University School of law.

Matt Koehl Partner in the law firm K&L Gates in Washington, D.C. • Focuses on representing companies that transact business with federal, state and local Government agencies, with a special emphasis on the Federal GSA schedules program •  Regularly counsels companies about how properly to administer their GSA Schedule contracts and to prepare for and respond to GSA Schedule contract audits  • Bachelor of Arts (With Honors) Colgate University; Juris Doctor (cum laude) Washington & Lee University School of Law.