Competition is the keystone policy of federal acquisition. It is principally through competition that the government gets best value in its acquisitions. During the 1990's, the acquisition reform movement focused on providing efficient and expeditious ways to get competition, including the FAR Part 15 Rewrite, multiple-award task order contracts, government-wide acquisition contracts, raising the simplified acquisition threshold, and an improved GSA Federal Supply Schedule Program. These reforms have cut the cost and time required to get competition and best value

Yet, acquisition reform continues to be critized. Critics in both government and industry complain that agency contract award and order placement processes are too often unfair, not truly competitive, and needlessly costly, and that they do not yield best value. These complaints are sparking reactionary calls for a retreat from some acquisition reforms, for stricter regulation and increased oversight of acquisition processes, and for tighter constraints on contracting officer discretion. These calls could lead to a return to greater procedural formality and the inefficient, costly, and time-consuming practices of the past.

In this two-day workshop, two experienced and well-known acquisition practitioners will:

• review the rules for awarding contracts and placing orders, as presented in the Federal
  Acquisition Regulation and the decisions of the Government Accountability Office;
  

  identify procedures that have resulted in ineffective competition; and
  

  describe best practice for obtaining competition fairly; efficiently, and expeditiously.

An important feature of this seminar will be the use of a case study, team discussion approach, through which the students will analyze an acquisition problem and discuss the selection of an effective acquisition strategy and the design of an effective acquisition process. Attendees will receive samples and templates for their use in designing effective competitive practices.

1. The Rules for Competition
   1. Full and open competition under the Competition in Contracting Act
   2. Adequate price competition under the Truth in Negotiations Act
   3. Competition in the placement of orders against GSA Federal Supply Schedule contracts
   4. Competition in simplified acquisitions
   5. Fair opportunity to be considered for task order under the Federal Acquisition Streamlining Act
   6. Competition for task orders
   7. Competition through interagency acquisitions under government-wide acquisition contracts (GWACs)
   8. Competition through interagency acquisitions under the Economy Act
   9. The role of the Comptroller General in the competition process

2. The Best Value Concept and the Role of Cost or Price in Competition
   1. Historical use of the term best value and the formal definition
   2. The essence of best value: the relationship between quality and cost or price
   3. The concept of the tradeoff
   4. How to make and document sound tradeoff decisions

3. The Competitive Vehicles: Pros and Cons
   1. Orders against GSA Federal Supply Schedule contracts
   2. Source selection under FAR Part 15
   3. Multiple award indefinite-delivery-indefinite-quantity contracts
   4. Interagency acquisitions

4. Conducting Source Selection Under Federal Acquisition Regulation Part 15
   1. Overview of the basic process
   2. Important concepts: offer and proposal
   3. Procedures that result in ineffective competition
   4. Best competitive practices for the conduct of efficient source selections

5. Placing Orders Against GSA Federal Supply Schedule Contracts
   1. The nature of federal supply schedules and contracts
   2. GSA's procedures for awarding FSS contracts
   3. GSA FSS contract terms and conditions
   4. Ordering procedures under FAR 8.404
   5. Special procedures for services that require a statement of work
   6. Procedures that result in ineffective competition
   7. Best competitive practices for the efficient placement of orders against GSA FSS contracts

6. Making Simplified Acquisition
   1. The Simplified Acquisition Test Program for Commercial Items
   2. Procedures for Making Simplified Acquisitions
   3. Procedures that result in ineffective competition
   4. Best competitive practices for efficient competition in simplified acquisitions

7. Placing Orders Against Multiple-Award Task Order Contracts
   1. The nature of the multiple-award contract for services
   2. The requirement to provide a fair opportunity to be considered
   3. Procedures that result in ineffective competition
   4. Best competitive practices for setting up the basic contract
   5. Best competitive practices for providing fair opportunities

8. Placing Orders Against Multiple-Award Contracts
   1. Objectives and requirements of the statue
   2. Defense FAR Supplement implementation
   3. Best competitive practices for placing orders against GSA Federal Supply Schedule contracts
   4. Best competitive practices for placing orders against other multiple-award task order contracts

9. Workshop: Principles and Practices for Effective Competitive Process Design
   1. Knowing the rules: the FAR and the GAO
   2. Being fair and communicating effectively
   3. Conserving agency and contractor resources
   4. Choosing the right competitive vehicle
   5. Choosing the right criteria for contractor selection
   6. Obtaining the right competitive information and in the right format
   7. Using competitive information effectively to make choices
   8. Exercising discretion and making sound decisions
   9. Documenting processes and decisions

Ralph C. Nash, Jr.   Nationally recognized as one of the leading and most respected authorities in Government procurement, Ralph Nash's guidance, insights and innovations have been at the forefront of the contracting profession for decades. Now a Professor Emeritus of Law at The George Washington University, Professor Nash was first appointed to the faculty of the Law School in 1960, where he immediately established and became the founding Director of the Law School's Government Contracts Program. Designed to provide a solid framework for teaching, research and writing in Government procurement, the program is a leading U. S. educational resource in Government contracting today and Professor Nash continues as a vital part of the program.

In additional to an active role in consulting for Government agencies, private corporations, industrial organizations and law firms on procurement matters, Professor Nash continues to educate the contracting community through programs sponsored by educational institutions, professional societies and professional associations. He has served as a member of the Governing Council of the American Bar Association's Section of Public Contract Law and as a Judge on the Atomic Energy Commission Board of Contract Appeals. In addition, Professor Nash is a Fellow of the National Contract Management Association and serves on the NCMA's Board of Advisors.

Author of one of the most respected texts ever written on a procurement subject—Government Contract Changes — he has coauthored, with fellow contracting pioneer John Cibinic, a number of the basic text on procurement matters including Formation of Government Contracts 3d ed. 1998, Administration of Government Contracts , 3d ed. 1995, Cost Reimbursement Contracting, 2d ed. 1993, and Competitive Negotiation: The Source Selection Process, 2d ed. 1999. He is coauthor, with John Cibinic, of the Federal Publications monthly publication, The Nash& Cibinic Report.

Professor Nash received his Bachelor of Arts degree from Princeton University and his Juris Doctor degree from the George Washington University.

Vernon J. Edwards   is a researcher, writer, lecturer, and consultant in Federal acquisition. He has developed and taught courses in federal contracting basics, operating practices in contract administration, contract pricing, source selection, subcontracting, performance-based contracting, construction contracting, design-build construction, statement of work preparation, cost realism analysis, past performance, task order contracting, managing cost-reimbursement contracts, oral presentations, and proposal preparation.

Mr. Edwards was a contract negotiator and contracting officer for the United States Air Force from 1974 through 1981, and worked in a variety of weapon system program offices, including Space Development Plans, Advanced Ballistic Re-entry Systems, Defense Meteorological Satellites, and Space Defense Systems.

In 1982, Mr. Edwards was appointed a tri-services contracting officer, and negotiated independent research and development and bid proposal cost ceilings for the Department of Defense and for the National Aeronautics and Space Administration. In 1983, he was appointed Chief, Plans Division, Deputy for Contracting and Manufacturing, at Headquarters, Air Force Systems Command. In 1984, he was appointed to the Contract Review Committee at that Headquarters. Later that year he joined the U.S. Department of Energy, Bonneville Power Administration, as Chief, Construction Contracting.

Mr. Edward's publications include Subcontracting Under the Federal Acquisition Regulation: A Primer; Questions and Answers About Best-Value Source Selection; How to Evaluate Past Performance: A Best-Value Approach; and Streamlining Source Selection with Oral Presentations , all of which were published by The George Washington University Law School. He has written textbooks about commercial contracting and construction contract administration for corporate internal use. His articles about Federal procurement have been published in The Federal Acquisition Practitioner, The Nash & Cibinic Report, The Weapons Complex Monitor, Contract Management, and at the Where in Federal Contracting? website. His newest book, Source Selection Answer Book was published by Management Concepts, Inc. in July 2000.

He is a graduate of the University of California at Los Angeles.