Table of Contents
Chapter 1 The Contracting Cycle and Advance Contract Planning
Chapter Objectives
1. Introduction
1.1 Essential Elements of Contracts
1.2 Attributes of Services Contracts
1.3 Participants in State and Local Government Contracting Process
1.4 Best Practices Research
2. Phases of the Contracting Cycle
2.1 Pre-Solicitation
2.2 Solicitation
2.3 Proposal Evaluation
2.4 Contract Award
2.5 Contract Administration
2.6 Contract Closeout
3. Advance Contract Planning
3.1 Availability of an Agency Website
3.2 Website Provided for Management of Pre-Proposal Communications
3.3 Dollar Threshold where Sole Source Justification is Required
3.4 Preference not Given to Local Contractors
3.5 The Words ¿Proposal¿ and ¿Bid¿ are not used Synonymously
3.6 Reference to Companies Solicited as Contractors or Prospective Contractors
3.7 Word Used that Best Compels Contractors to Perform Tasks
3.8 Weighted Criteria Established for Evaluation of Proposals
3.9 Price Stated as One Criterion for Evaluation of Proposals
3.10 Format Specified for Proposals
3.11 Page Limit Established for Proposals
3.12 Model Contract Included in the RFP
3.13 Acceptance of Late Proposals
3.14 Proposals Opened in Confidence
4. Conclusion
Chapter 2 Competition and Socioeconomic Contracting
Chapter Objectives
1. Introduction to Competition in Contracting
2. Disadvantages of Sole Source Contracts
3. Challenges to and Benefits from Embracing Competition
4. Dollar Threshold where Sole Source Justification is Required
5. Justification for Sole Source Contracts
6. Introduction to Socioeconomic Contracting Programs
7. Equal Opportunity Techniques for Developing a Successful Socioeconomic
Contracting Program
7.1 Establish an Incentive Awards Program
7.2 Motivational Training for Contracts Professionals
7.3. Managers Encourage Use of Targeted Companies
7.4 Participate in a Supportive Organization
7.5 Establish Rapport with Targeted Companies
7.6 Provide Direct Assistance to Targeted Companies
7.7 Promote Internal Networking
7.8 Incorporate Program Support as a Part of Job Responsibility
8. Conclusion
Chapter 3 Solicitation Documents ¿ Information for Prospective Contractors
Chapter Objectives
1. Types of Solicitations
2. Best Practices RFP
2.1 Cover Page
2.2 Table of Contents
2.3 Notice to Prospective Contractors
2.3.1 Comments and Questions
2.3.2 Communications with Agency
2.3.3 Accommodations
2.3.4 Confidentiality of Proposals
2.3.5 Contact Information
2.3.6 Address and Due Date for Proposals
2.3.7 No Public Opening
2.3.8 Questions Regarding this RFP
2.3.9 Contractors without E-mail Access
2.3.10 RFP Addenda
2.3.11 Questions and Responses Posted on Internet Site
2.4 RFP Introduction
2.5 Background
2.6 Scope of Work
2.7 Contractor Selection Process
2.7.1 RFP Release
2.7.2 Due Date for Receipt of Questions
2.7.3 Paper and CD-ROM Versions of Proposals
2.7.4 Due Date for Proposals
2.7.5 Opening of Proposals
2.7.6 Evaluation of Proposals
2.7.7 Presentations, Discussions or Negotiations
2.7.8 Right to Reject Proposals
2.7.9 Weighted Evaluation Criteria
2.7.10 Debriefing
2.7.11 Protests
2.7.12 Agency Rights
3. Conclusion
Chapter 4 Solicitation Document ¿ Proposal Requirements and Preparation Guidelines
Chapter Objectives
1. Proposal Format
1.1 Past Performance
1.2 Financial Stability
1.3 Risk Assessment
1.4 Project Plan
1.5 Outsourcing
1.6 Life Cycle Cost
1.7 Life Cycle Cost Format
1.8 Certifications
1.8.1 Prospective Contractor Certifications
1.8.2 Certification Regarding Lobbying
1.8.3 Certification of Compliance with Pro-Children Act of 1994
1.8.4 Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion ¿ Lower Tier Covered Transactions
1.8.5 Certification of Cost or Pricing Data
2. Proposal Preparation Instructions
2.1 Exceptions
2.2 Oral Explanations
2.3 Reference to Other Data
2.4 Elaborate Proposals
2.5 Desired Recycling Considerations
2.6 Cost of Proposal Preparation
2.7 Time for Acceptance
2.8 Right to Submitted Material
2.9 Prospective Contractor¿s Representative
2.10 Subcontracting
2.11 Proprietary Information
2.12 Historically Underutilized Business
2.13 Accommodations
3. Model Services Contract
4. Conclusion
Chapter 5 Management of Pre-Proposal Communications and Evaluation of Proposals
Chapter Objectives
1. Alternative Methods for Managing Pre-Proposal Communications
1.1 Pre-Proposal Conference
1.2 Questions Posed Verbally
1.3 Letter, Overnight Courier and E-mail
1.4 Providing a Website for Posing Questions and Providing Agency Responses
1.5 Submitting Questions via E-mail and Posing Questions and Responses to
the Website
2. Basic Proposal Evaluation
2.1 Predetermined Numerical Scales
2.2 Specific Adjective Scales
2.3 Color Code Scales
2.4 Narrative Description
2.5 Ranking Method
3. Evaluating Proposals with Weighted Criteria
4. Conclusion
Chapter 6 Protests
Chapter Objectives
1. Introduction to Protests
2. Preventing Protests
3. Policies and Procedures for Dealing with Protests
4. The Inclusion of Protest Procedures in Solicitations
5. Coordination with Legal Counsel
6. Requests for Public Records in Conjunction with Protest
7. Unconventional Protests
7.1 Blindsiding
7.2 Protest from Firm that was not Solicited
8. Conventional Protests
9. Making a Determination on the Merits of a Protest
9.1 Read the Protest
9.2 Read the Solicitation
9.3 Read the Proposal Evaluation Team Instructions
9.4 Review the Policy and Procedures
9.5 Review the Proposal Evaluation Record
9.6 Finalize the Questions for Proposal Evaluation Committee Members
9.7 Interview Proposal Evaluation Committee Members
9.8 Synthesize the Information to Form a Determination
10. Document the Determination
11. Conclusion
Chapter 7 Contract Negotiations, Ethics and Conflicts of Interest
Chapter Objectives
1. Introduction to Negotiations
2. Ethics for Government Negotiators
3. Requesting a Best-and-Final-Offer (BAFO)
4. Assigning Roles to Negotiating Team Members in Interactive Negotiations
5. Preparing for Negotiations
6. Objectionable or Unacceptable Contract Provisions
6.1 Applicable Law and Forum
6.2 Exorbitant Late Fees
6.3 Onerous Indemnity Provisions
6.4 Termination
6.5 Insurance
6.6 Reimbursement
6.7 Cost Plus a Percentage of Cost
6.8 Contract Changes
6.9 Nondiscrimination
6.10 Inspection
6.11 Conflict of Interest
6.12 Data Rights
6.13 Automatic Renewal
7. Develop the Negotiating Plan
8. Conducting Negotiations
9. Dealing with Difficult Situations during Negotiations
10. Concluding and Documenting Negotiations
11. Introduction to Ethics and Conflicts of Interest
12. Organizational Ethical Standards
12.1 Threshold for Unacceptable Gratuities
12.2 Zero Tolerance Policy
13. Scenario Involving a Newly Hired Employee
14. Yet Another Ploy to Commit Government Employees to a Contractor
15. Government Employees Who Initiate Consideration of Gratuities
16. Personal Ethical Standards
17. Conclusion
Chapter 8 Contract Document
Chapter Objectives
1. Essential Elements of Contracts and Types of Contracts
2. Best-Practices Services Contract
2.1 One-Page Contract Format
2.2 Preamble
2.3 Recitals
2.4 Incorporation of Documents
2.5 Execution
2.6 Contract Attachments
2.6.1 Insurance Provisions
2.6.2 Scope of Work
2.6.3 Terms and Conditions
3. Conclusion
Chapter 9 Contract Terms and Conditions
Chapter Objectives
1. Contract Terms and Conditions
1.1 Term
1.2 Termination for Default
1.3 Force Majeure
1.4 Liquidated Damages
1.5 Termination for Convenience
1.6 Termination Transition
1.7 Contractor Reimbursement
1.8 Payment Terms
1.9 Set-Off
1.10 Agency Project Manager
1.11 Key Personnel
1.12 Independent Contractor
1.13 Confidentiality and Ownership
1.14 Indemnification
1.15 Insurance
1.16 Amendments
1.17 Waiver of Rights
1.18 Compliance with Laws
1.19 Americans with Disabilities Act
1.20 Health Insurance Portability and Accountability Act
1.21 Nondiscrimination
1.22 Drug Free Workplace
1.23 Workers¿ Compensation
1.24 Contractor¿s Standard of Care
1.25 Care of Property
1.26 Advertising
1.27 Performance Evaluation
1.28 Inspection of Work and Project Site
1.29 Applicable Law and Forum
1.30 Successors and Assigns
1.31 Subcontracting
1.32 Unallowable Costs
1.33 Audit, Employee Interviews and Document Retention
1.34 Remedies not Exclusive
1.35 Conflict of Interest
1.36 Contractor Integrity
1.37 Political Contribution Disclosure
1.38 Assignment of Antitrust Claims
1.39 Payment of Taxes
1.40 Officials not to Prosper
1.41 Copyrights
1.42 Budget Contingency
1.43 Counterparts
1.44 Severability
1.45 Notices
1.46 Titles, Headings or Captions
1.47 Entire Agreement and Survival of Provisions beyond
the Contract Term
2. Conclusion
Chapter 10 Short Form Contracts, Short Form RFPs, Emergencies and Letter Contracts
Chapter Objectives
1. Short Form Contracts and RFPs
1.1 Request for Proposals Simplification
1.2 Model Services Contract Simplification
1.3 Terms and Conditions Simplification
2. Short Form Contract Amendments
3. Services to be Provided During Emergencies
4. Letter Contracts
4.1 Award of Letter Contracts Due to Unanticipated Needs During an
Emergency
4.2 Competitive Emergency Contracts
4.2.1 Scope of Work
4.2.2 Cost Control
4.2.3 Terms and Conditions
4.3 Authority to Award Letter Contracts
4.4 Definitization of Letter Contracts
5. Conclusion
Chapter 11 Contract Review, Execution and Audit
Chapter Objectives
1. Contract Execution by Contractor
2. Contract Review by Contracting Agency
2.1 Contract Review by Contract Management Staff
2.2 Contract Review by Financial Management Staff
2.3 Contract Review by Legal Counsel
2.4 On-Line Contract Review
2.5 Hard Copy Contract Review
3. Contract Execution by Contracting Agency
4. Distribution of Fully Executed Contracts
5. Contract Audit
6. Conclusion
Chapter 12 Contract Administration and Closeout
Chapter Objectives
1. Contract Administration
1.1 Approval of Contractor Billings
1.2. Managing Contractor Cost/Schedule Performance
1.3 Contract Amendments
1.4 Managing Completion of Milestones & Deliverables
1.5 Reacting to Substandard Contractor Performance
2. Contract Closeout
2.1 Contractor Performance Report
2.2 Relief of Financial Encumbrances
2.3 Records Retention
3. Conclusion
APPENDICES
Appendix A Glossary of Terms
Appendix B Best Practices Research
Appendix C Advance Contract Planning Topics Not Included in Best Practices
Appendix D Sole Source Justification/Approval Form
Appendix E Best-Practices Request for Proposals (RFP)
Appendix F Model Services Contract (MSC)
Appendix G Short Form RFP with Short Form Contract
Appendix H Reference Checklist
Appendix I Proposal Evaluation Form
Appendix J Tables Used in Proposal Evaluation Process
Appendix K Sample Letter Contract
Appendix L Sample Show Cause Letter
Appendix M Sample Contractor Performance Report
Appendix N Estimate at Completion
Appendix O Contract Amendment
Appendix P Short Form Contract Amendment