100 Worst Mistakes in Government Contracting

Transcription

1 100 Worst Mistakes in Government Contracting About the Program This course examines 100 classic mistakes to avoid when doing business with the government. The course draws on every phase of the government contract life cycle. During this one day course, professionals will learn best practices and guiding principles as it pertains to: Solicitations Proposal preparation and submission Defective pricing and the Truth in Negotiations Act Protests Contract Types Multiple Award Schedule Contracts Subcontract Management Contract Administration Contract Pricing and Costs Government Furnished Property Contract Termination Audits Integrity and Investigations Contract Disputes Performance Quality How to Register This course is a great refresher for seasoned professionals who can draw from the mistakes of others. For new professionals, the course will provide the legal framework and examples necessary to ensure the more common mistakes can be avoided. View the listing of registered locations, then contact the registrar for the seminar date and location you wish to attend. Course Outline Solicitations Clauses incorporated by reference Subsequent amendments to the solicitation

2 Patent ambiguity in the solicitation Verbal representations of a government official rather than on the written solicitation Post-award debriefing in a negotiated procurement. Proposal Preparation and Submission Freedom of Information Act Solicitation's submission instructions Evaluation factors Submitting offer on time Nonconforming bid or noncompliant proposal Material misrepresentation Violating the limitations on subcontracting In a negotiated procurement, you mistakenly expected that the government would hold discussions and provide you with the opportunity to submit a final proposal revision Mistake in your bid but failed to assert it Legal differences between an RFQ and an IFB or an RFP, the difference between a quote and a bid or proposal, and how a unilateral offer will lapse Importance of past performance in future solicitations Defective Pricing and the Truth in Negotiations Act What cost or pricing data encompass Contracting officer had no right to obtain your cost or pricing data

3 Complete cost or pricing data to the government Protests Protest that did not contain all the required elements Wrong forum for your bid protest Prosecuting your protest vigorously Considering the implications of a bid protest on your future relationship with a particular contracting office or contracting officer Contract Types Abused the micropurchase or simplified acquisition programs Did not request the use of the test program for commercial items Economic price adjustment factors in fixed-price, economic price adjustment contracts Right that a contractor has in a cost-plus-incentive-fee contract Award fee formula and evaluation criteria in cost-plus-award-fee contract Government's incredible range of options in requirements and indefinite delivery/indefinite quantity contracts Multiple Award Schedule Contracts Most-favored-customer pricing to the government Commercial sales practices on the GSA Commercial Sales Practice Form Category of customer that will be used in connection with MAS contract's price reductions clause

4 Subcontract Management Flow down FAR clauses to your subcontractors and suppliers Preparing a satisfactory small business subcontracting plan Specially tailored disputes clause in the subcontract Contract Administration Direction from an unauthorized official regarding obligations under a contract Reading entire contract Followed oral promises and direction instead Quality control/quality assurance requirements Delivery schedule Submitting a proper invoice Nonpayment of proper invoices Performing extra work Service Contract Act No right to receive an option Government has a unilateral right to extend a contract for services for up to six months Multi-year contract after the end of the current year on the promise that the option year would be exercised Government exercise any option in strict accord with the terms of that option Promise of award Minimum wages or benefits required by the wage determination Revision to the delivery schedule

5 Extent of the government's rights in data or software Equitable adjustment in a timely manner Duty to continue contract performance Difference between anticipatory repudiation and negotiation Limitation of cost or limitation of funds clause in contract Improperly reported on the source of components or violated the Buy American Act or Trade Agreements Act Present responsibility Suspension or debarment Irrational debarment or suspension Contractor and the government have a duty to cooperate in the execution of the contract Identify and submit a claim for a constructive change Identify and submit a claim for defective specifications Impossibility of performance Right to an excusable delay Government may inspect at any reasonable place and time Preventing a termination for default Government can accept goods that are useable but that do not pass inspection Course of dealing that made otherwise unacceptable goods acceptable Records management system that complies with FAR Part 4 Contract Pricing and Costs Demonstrate reasonable price offer

6 Proposal or invoices including unallowable costs Government Furnished Property Maintaining proper inventory of a government furnished property Equitable adjustment Contract Termination Responding to a cure notice or show-cause notice Challenging an improper termination for default Endangering the performance of your contract Government waived the delivery schedule Government's unreasonable excess cost of reprocurement No-cost termination in lieu of a default termination Termination for convenience settlement proposal Termination for a convenience settlement Liquidated damages Audits Request in writing from a contracting officer before providing access to your records Letter or entrance briefing explicitly stating the scope of the audit Appointing a single point of contact with the auditors Allowing auditors access to employees other than for floor checks of timecards Auditors provide an exit briefing stating their findings Cooperating with an audit

7 Integrity and Investigations Company compliance program Consequences of civil and criminal misconduct Employees rights and obligations during an investigation All company documents belong to the company Ignored a conflict of interest Contract Disputes Sum certain Equitable adjustment when warranted Failing to submit a proper claim Appeals to the U.S. Court of Federal Claims Wrong forum for appeal Performance Quality Performing as a world-class contractor If you have any questions for Education, please us at learningcenter@ncmahq.org.