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Cooperative. collaborative and mutually beneficial relationships must exist to fulfill our respective missions to deliver quality services and products and create employment for people with severe disabilities
Critical Factors in Contract Administration 5
Relationship
Committee for Purchase Administer the Program Establish the contract price Authorize NPA participation
Relationship
Federal Government Contracting Officer COR (PM?) COTR QAE Other
Federal Agencies are our customers; they hold the gold and empower our program. These federal agency personalities also administer federal contracts and have an impact on whether we have a successful outcome from the contract relationship.
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Relationship
Federal Acquisition Regulation, Part 1
1.102-4 Role of the Acquisition Team. (d) The System will foster cooperative relationships between the Government and its contractors consistent with its overriding responsibility to the taxpayers.
Relationship
Federal Acquisition Regulation, Part 1
1.602-2 Responsibilities. (b) Ensure that contractors receive impartial, fair, and equitable treatment; and (c) Request and consider the advice of specialists in audit, law, engineering, information security, transportation, and other fields, as appropriate. And seek out NISH and the Committee for Purchase as specialists in AbilityOne Program rules, regulations and policy!
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Relationship
NISH
NPA
NISH and its associate NPAs are teammates and partners working towards the common goal of employment for people with severe disabilities while supporting our customers mission to provide support services and/or products in fulfilling their respective mission via the contract relationships formed under authority of the AbilityOne Program.
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Relationship
NISH Program Administrative Project Management Liaison
NISH is a teammate and partner and serves the best interest of the Program accomplishment in support of the NPA and federal government agency need for AbilityOne Program support.
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Relationship
NISH Assist Committee
Qualify NPAs to Participate in AbilityOne Program Marketing and Sales Find/Match Education to NPAs and Government Agencies Represent NPAs before Committee Provide Technical Support and Assistance to all parties participating
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Relationship
NISH Assist NPAs
Qualify for AbilityOne Program Find Viable AbilityOne Projects Develop the FMP Recommendation Comply with Regulatory Requirements Solve Problems Educate Customers and NPA Staff
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Relationship
NISH Assist Federal Agencies
Determine viable contract opportunities for placement with AbilityOne Program Find qualified NPAs to produce on their contracts Assist in development of the FMP Recommendation Ensure contract compliance and quality performance outcomes Facilitate problem solving Educate federal agency personnel in AbilityOne Program rules, regulations and policy
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Relationship
Non Profit Agency Business
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Relationship
Non Profit Agency Rehabilitation, Technical and Administrative
NPAs are where the rubber meets the road you make AbilityOne happen and ensure valued federal agency customers receive quality products and services within budget requirements and to contract standards, terms, conditions and clauses.
Critical Factors in Contract Administration 17
Relationship
Challenging Business, Rehabilitation, Technical,
Complex, critical balance Coordination and Relationship between staff functions Rehab issues transparent to customer Fulfill contract requirements with requirements stated in contract
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It is the Relationship
The Acquisition Team is where the rubber meets the road you all, working together make AbilityOne happen! Front Line Supervision Management Tech and Contract Support Federal Personnel
Critical Factors in Contract Administration 19
It is the Relationship
Know your role, and that of others
Read your contract Understand the requirements
Seek guidance
Be professional and responsible Smile and be supportive Never say NO but determine HOW!
Critical Factors in Contract Administration 20
NISH Region
AO1
Other Stakeholders?
NPA
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Process Orientation
Federal Government
NISH
Non Profit Agency Committee for Purchase
Federal Government
NISH as CNA
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The Bargain
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15.204-1 Uniform contract format. (a) Contracting officers shall prepare solicitations and resulting contracts using the uniform contract format outlined in Table 15-1 of this subsection.
Critical Factors in Contract Administration 26
FAR 15.204-1 Uniform Contract Format, Table 15-1 This format should be the one consistently utilized for negotiated fixed price type contracts envisioned under the AbilityOne Program. PR3;
J. Price Negotiations - Price negotiations shall be
conducted in a manner consistent with FAR 15.405. E. Fixed Price Contracts - AbilityOne contracts are generally fixed price contracts subject to the Committee's authority to change prices as market conditions warrant.
Critical Factors in Contract Administration 27
Caveat!
There are other formats that you will see utilized such as
SF 1449 formats as commercial item purchase formats. A review of FAR Part 2, definitions reveals that in most cases your service or product does not meet the qualifications of a commercial item. BUT if the format is utilized insist that only the special conditions (clauses) listed in Subpart 12.4Unique Requirements Regarding Terms and Conditions for Commercial Items are contained in your instrument.
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Section E
Section F Section G
Section H
Part IIIList of Documents, Exhibits, and Other Attachments Section J List of attachments
Section L
Section M
for!
Is the solicitation complete ? Are the specifications clear, accurate and up to date ? Are the terms reasonable and enforceable ? Is the requirement doable within budget constraints ? Is it clear?
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CO ????
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3 - Never Assume
Clarify Ambiguity
Get in Writing from Contracting Officer Proceed Accordingly
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Never Assume
Duty to Seek Clarification
The duty of an offeror to request the guidance of the contracting officer when a patent ambiguity, obvious omission or drastic conflict is found in the contract language.
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Never Assume
Duty to Seek Clarification
The offerors or contractors failure to seek clarification in such circumstances is a valid Government defense to a claim for equitable adjustment because of ambiguous specifications.
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4 - Communicate
Often
Professionally and with Respect With the Proper Authority Confirm Response Get it in writing
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Communicate
With the Proper Authority Contracting Officer Contracting Officers Representative Contracting Officers Technical Representative Quality Representative/Inspector
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5 - Document
In God We Trust
All Others Bring Data !!!!
Telecom notes Emails Letters Memos
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An implied obligation of the all contracting parties to treat each other fairly during the performance and enforcement of a contract honesty in the conduct or transaction concerned.
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An implied duty of a contracting party to cooperate with the other party to facilitate the performance of the contract.
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emotions because!
We dont know our contract, its terms and conditions Rely on poor counsel
And even then Dont press for timely resolution Fail to follow up
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Program experience Learned over time from success and failure in product, services delivery, construction and some specialized industries Simple discovery from which you can build your own dos and donts And of them all, Relationship Management is KEY!
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Begin with the end in mind! Know what your supposed to accomplish Know at what price and budget youve agreed to perform Track your performance to budget
To maintain boundaries for your supervision To know what your expending and why To identify where you may be spending more or less labor To discover if you are making or loosing money To correct inappropriate expenditures To complete your contract on time within budget and without unauthorized changes
Questions?
Do I have the people ready to do the work?
Are my people trained to do the work? Do I have sufficient tools to do the work? Is my supervision ready to manage the work? Am I well trained and knowledgeable regarding
Your answer should be yes to all the above Or you have some homework to accomplish!
Have I read my contract, thoroughly? All parts and section The PWS/Statement of Work/Specification Do I know what it all means?
If any questions, have I asked for clarifications? From your management From the government
Your answer should be yes to all the above Or you have some homework to accomplish!
Resources Available
NISH
Federal Acquisition Regulations Full text of clauses in your contracts Provisions, processes, practices and guidance Code of Federal Regulations AbilityOne Program Committee Procedures and Policy Pricing Memorandum Number 3, Pricing Operations Memorandum Number 19, Disputes Operations Memorandum Number 21, Subcontracts
Basic Terminology
The Government Contracts Reference BookA Comprehensive Guide to the Language of Procurement
Second Edition Authors: Ralph C. Nash,Jr., Steven L. Schooner, Karen OBrien Published by: GWU (703) 578-8822
contracts Generally they are Firm Fixed Price They are priced in accordance with Pricing Memorandum Number 3 (PR3) PR3 says we use FAR Part 15 as the basis for negotiating our price Therefore, the federal agency may have issued a uniform contract format (UCF) instrument
Section E
Section F Section G
Section H
Part IIIList of Documents, Exhibits, and Other Attachments Section J List of attachments
Section L
Section M
Contract Award
Award is generally a Base Year plus Four renewable
Follow on Year (FOY) Periods Contract is renewable every year Each FOY carries same price, etc. as Base Year unless Government makes changes Every Five Years we re-establish a New Base Year
AbilityOne contracts are mandatory source contracts which means purchase of product or service can only be made from AbilityOne qualified Non Profit Agency!
Now What?
Contract Award Same requirements? No changes? Everything you agreed to? Post Award Actions Deliverables
acceptance provisions and authorized personnel Contractor quality control requirements Invoicing and payment provisions Insurance and liability requirements Wage rates and required postings
Your Quality Control Plan Their Quality Assurance Surveillance Plan Quality Evaluators AQL What you and government determined as acceptable performance
Payment terms
Instructions for invoice submittal Copies of government acceptance of work (DD 250, other) Invoice submittal address POC for non-payment issues
benefit provision applicable to you contract Do you have special certificate that enables you to pay commensurate wages based on productivity? Have you posted the necessary forms where employees can read them?
What Else?
For anything youre not certain of Seek support and understanding
From written resource materials From your contract From NISH From Training available through NISH
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Q&A
Your Issues or Concerns Purchase Orders ? G&A and Allowable Costs ?
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