Market*Access International - Contract Formation Wkshp

Contract Formation:
An Intensive Review of the Process of
Bid & Proposal Submission and Evaluation

A Workshop for Government & Contractors

August 24-25, 2005
NRECA Building
4301 Wilson Boulevard, Suite 1003, Boardroom
Arlington, VA 22203

*please note new location!

Whether viewed from a contractor or government perspective, the proper submission of bids and proposals and their evaluation in a “fair and honest” manner, are the critical prerequisites to the conduct of a successful procurement. The Contract Formation Workshop takes a close look at the role that each participant plays in the several steps leading to contract award and reviews the basic rules that govern their actions. It then examines problem areas and innovative techniques, and—for those instances when things go awry— discusses and evaluates the protest mechanisms and forums available to disappointed competitors.

The Contract Formation Workshop is designed for all those individuals—whether Government or Contractor—that take part in the exacting and arduous task of putting a contract in place. Contract administrators and program managers; business operations personnel; attorney advisors; indeed, anyone involved in the procurement process, will benefit from the Workshop’s practical review, discussion and update of current practices associated with contractor submission of compliant bids and proposals and their evaluation by the Government in a “fair and honest” manner.

More specifically, this 1.5-day Workshop thoroughly analyzes (a) sealed bidding and its responsibility and responsiveness requirements; (b) competitive negotiation and its more complex evaluation procedures; (c) the wide array of contract types available to the parties and the risk exposure associated with each, (d) the rules of sole source contracting, (e) the special opportunities presented by simplified and commercial item acquisitions and by the Federal Supply Schedule (FSS) program, and (f) the protest procedures available to contractors at the individual agencies, at the Government Accountability Office (GAO) and at the U.S. Court of Federal Claims (CFC).

In addition, particular attention will be given to the several current topics that prompt discussion and—in some cases—controversy regarding the evaluation of competitive proposals, including: the obligations and benefits associated with the use of best value procurements; past performance as a mandatory evaluation factor—including a review of the Office of Federal Procurement Policy, Directive entitled, Best Practices for Collecting and Using Current and Past Performance Information; the increased reliance being placed upon performance based contracting: distinguishing between “clarifications” and “discussions” and defining the concept of “meaningful discussion”; the propriety of using information not included in proposals for evaluation purposes; and, placing further limitations on the make-up of the competitive range.

The Contract Formation Workshop’s instruction method will encourage attendee participation. Several self-graded “pop quizzes” and frequent Q&A sessions will emphasize key points and ensure that all attendees will have an opportunity to discuss the issues to the extent that they believe necessary. In addition, each attendee will be given a copy of the Government Contract Guidebook, 3rd Edition, as well as other relevant government regulations and guides.

An Overview of Procurement Methods
-- Sealed Bidding & Competitive Negotiation
-- Simplified Acquisition
-- Commercial Item Acquisition
-- Federal Supply Schedule Contracting

Contract Types
-- Fixed-Price Contracts
-- Cost Reimbursement Contracts
-- The Hybrids

Sealed Bidding
-- Invitation for Bids
-- Responsiveness of Bids
-- Responsibility of Bidders
-- Late Bids and Mistakes in Bids

Competitive Negotiation
-- Request for Proposals
--Exchanges of Information
(a) Presolicitation Exchanges
(b) Oral Presentations
(c) Clarifications
(d) Discussions
-- Competitive Range
-- Evaluation of Offers
(a) Award Without Discussions
(b) Evaluation Factors
(c) Best Value Source Selection
(d) Past Performance
-- Sole Source Contracting

Protests
-- Identifying and Evaluating the Alternative Forums
-- Using Alternative Dispute Resolution Procedures
-- The Forums
(a) Contracting Agency
(b) Government Accountability Office
(c) Court of Federal Claims

A Sample List of Former Attendees Include:
Mantech International Corp., Pricing Analyst
Naval Surface Warfare Center- Crane Division, Engineer
Defense Logistics Agency, Property Disposal Specialist
CSOSA Director, Office of Financial Management
DARPA, Management & Program Analysis Officer
BAE Systems, Deputy, Business Development
U.S. Patent & Trademark Office, Deputy General Counsel
B.I.G. Enterprises, Inc., Contract Specialist
Pratt & Whitney, Program Manager
Mine Safety & Health Administration, Program Analyst
Air Force Lab Space Vehicles Directorate, Aerospace Engineer
IT Capital Planning & Acquisitions, IT Specialist
Treasury/FMS, IT Specialist
US Dept. of Veterans Affairs, Sr. Auditor

What Previous Attendees Said In Their Evaluations:

"I found the textbook to be readable and understandable. I wish I had this at the beginning of my career." - Contracting Officer, Federal Aviation Administration

"Instructor cleraly knows subject...handouts good, particulalry guidebook."- Associate, BAE Systems.

Donald Arnavas practices law in Washington, D.C. He combines many years of experience as a judge, law school professor and practicing attorney and thus is able to bring students instruction that is—at the same time—informative, authoritative and readily understandable.

Don is a graduate of Iona College and Georgetown University Law Center and is a member of the Virginia and District of Columbia Bars. He served for three years on the Council of the American Bar Association’s Public Contract Law Section and for 15 years as Senior Editor of its Public Contract Law Journal. He is currently a panel member of ACI, a London based ADR provider and he is listed in the Guide to the World’s Leading Experts in Commercial Arbitration—2004.

Don is the author of the Government Contract Guidebook, 3rd Edition, the text used in this Workshop and of Alternative Dispute Resolution for Government Contracts. In addition, he has written many legal articles—including over 20 Briefing Papers—on a wide variety of government contract topics Since 1983 he has served as an Adjunct Professor of Law at Penn State/Dickinson School of Law and he lectures extensively at other colleges and law schools throughout the world. He is also a visiting lecturer at the Army Judge Advocate General’s School.

Registrations are payable by Visa, American Express, Mastercard, company check or government purchase order.

**Course fee includes continental breakfast on both days, refreshments throughout the course, a copy of Government Contract Guidebook, 3rd Edition as well as copies of other government regulations and guides! (Note: Lunch is not included.)

CANCELLATION POLICY: You may designate a substitute in writing any time before the conference. If you need to cancel your registration, you must send your notice in writing and will be subject to a $50 processing fee. No refunds are given for cancellations received 3 business days prior to the event start date or later. PLEASE NOTE: No shows will be liable for the entire registration fee.

The workshop will be held in the Executive Boardroom in the NRECA Building at 4301 Wilson Boulevard #1003 (10th floor) Arlington, VA 22203. The building has a public parking facility for $8 a day. The NRECA Building is just one block from the Ballston Metro Station in the orange line.

Need sleeping rooms? You can call the nearby Holiday Inn Arlington for availability and rates. For reservations, visit their website at www.hiarlington.com.

On-Site Training

Market*Access can provide government contract training, wherever and whenever you need, including on-site at your facility. Our staff will cost-effectively implement training customized to your needs.

To schedule a private workshop or for more information, e-mail Laura Johnson, VP of Conferences & Strategic Planning, at ljohnson@marketaccess.org or call (703) 807-2747.

Marketing, Conference Management and Production by:

Market*Access International, Inc.
4301 Wilson Boulevard
Suite 1003
Arlington, VA 22203
(703) 807-2755

Government Best Practices Training Course

On-Site Training

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