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Executive Education (YalePharma ExecEdu)

PHARMA EXECUTIVE PROGRAM
PROGRAMS AND COURSES

 

 

 

Government Executive Program V

OFPP Governmentwide Core

Procurement Curriculum I

In contract number GS02F0011J (a five-year task order contract awarded on March 31, 1999), the General Services Administration contracted with BMRA to deliver a core procurement curriculum to Federal contract specialists throughout the government. This contract obliges BMRA to cover Units of Instruction from the Federal Acquisition Institute (FAI) Contract Specialist Workbook (CSW). As specified in Office of Federal Procurement Policy (OFPP) Letter 92-3 (and referenced in Policy Letter 97-01), Federal contracting specialists in the GS-1102 series and contracting officers, regardless of series, must complete coursework in the duties in the CSW to develop the knowledge, skills, and abilities necessary to competently award and administer contracts at the full performance level. The following are the courses prescribed in that contract to accomplish that objective:

Level I:

Acquisition Planning I

Course Description:
This FAI-compliant course is Part 1 in the Fundamentals of Contracting curriculum, which is designed to provide contracting professionals and other interested personnel with the skills, knowledge, and abilities to perform all actions required of the journeyman contract specialist in the procurement process.
Acquisition Planning I deals with many of the presolicitation activities necessary to properly plan and document an agency requirement. In addition to the Acquisition Plan itself, students will learn about requirements forecasting, market research, purchase request preparation, and other presolicitation activities.
The course is designed around a comprehensive set of learning objectives that are achieved through lecture-discussion, practical exercises, and case study techniques that expose the student to every aspect of the procurement planning process relevant to the journeyman contract specialist.
The target audience for this course consists of personnel involved in the contract specialist (GS-1102) career path, and other personnel involved in the planning of requirements and monitoring contract performance.

ACE Credit Recommendation:
In the lower division baccalaureate degree category, 3 semester hours in Business Administration, Federal Acquisition, Public Administration, Procurement Management, or Purchasing.

Learning Objectives:
1. Federal Framework for Contracting
* Describe the Federal framework for contracting.
* State the roles and responsibilities of the branches of government within the procurement process.
* Identify the statutes, regulations, court and administrative rulings, and other guidance that define the procurement system.
* Describe the relationship between the Federal budgetary and acquisition systems.
2. Using the Federal Acquisition Regulation (FAR)
* Practice use of the FAR and supplementary regulations as acquisition tools.
* Recognize the constitutional and statutory authority for contracting.
* Explain how the FAR and agency supplemental regulations are organized, administered, and updated.
* Recognize the methods of procurement authorized for government contracting.
3. Legal and Regulatory Principles of Contracting
Describe and apply:
* The elements of a contract.
* Law of agency.
* Goals and guiding principles of the Federal acquisition system.
* Standards of conduct and ethical principles.
4. Purchase Requests and Requirements Documents
Given a purchase request and requirements documents:
* Determine if the documents are adequate for procurement.
* Identify the procedures for correcting deficiencies in a purchase request.
* Determine the type of funding, the date by which funds must be obligated, and whether the amount of funding is realistic.
* Determine if a requirement is commercial or non-commercial.
* Describe the process for reviewing and correcting deficiencies in requirements documents.
* Identify conditions for providing government property to a contractor or permitting use of government sources of supply.
5. Market Research and Sources
Given a purchase request, acquisition history, and other requirements documents:
* Screen required sources.
* Conduct market research.
* Select sources for solicitation mailing lists.
6. Lease vs. Purchase
Given a purchase request, acquisition plans, results of market research and acquisition histories:
* Recommend whether to solicit for lease, purchase, or both.
7. Services
Given purchase requests for services:
* Determine whether the services may be acquired and any special requirements for the acquisition (e.g., wage determinations).
8. Methods of Procurement
Given a purchase request and information from market research:
* Determine the method of purchasing or procurement.
9. Small Business Considerations Given a contracting situation:
* Determine whether to set aside the procurement and the type of set aside to establish (e.g., 8(a), partial, total, HUBzone, very small business).
10. Competition Requirements
Given purchase requests, requirements documents, and market data:
* Determine competition requirements for simplified acquisitions and contract actions over the simplified acquisition threshold.
11. Contract Types
Given a variety of contracting situations:
* Determine the compensation arrangement that would best apportion expected risk (e.g., Firm Fixed Price, Fixed Price with Economic Price Adjustment, Cost Reimbursement, etc.).
* Recognize the alternative contractual instruments for recurring requirements (e.g., Indefinite Delivery contracts, Options, Multi-Year contracts).
* Identify when letter contracts are used.
12. Selecting Evaluation Factors
Given a purchase request, acquisition history, market research data, and requirements documents:
* Select and incorporate price, price-related, and non-price evaluation factors for solicitations.
13. Presolicitation Considerations
Given a purchase request, acquisition history, and market research information:
* Identify the appropriate types of contract financing and the requirement for a bond to protect the government.
14. Publicizing Proposed Procurements
Given a purchase request and market research information:
* Identify the various techniques of publicizing proposed procurements and produce a synopsis.
15. Solicitation Preparation
Given a purchase request, acquisition histories, market data, and presolicitation decisions:
* Explain oral solicitation procedures.
* Summarize the procedures for soliciting quotations to provide commercial items under FAR Part 13.
* Summarize the procedures for soliciting offers to provide commercial items under FAR Parts 145 and 15.
* Describe the procedures for soliciting offers to provide non-commercial items.
* Select the appropriate solicitation method for a procurement.
* Construct a commercial solicitation.
16. Inquiries/ Amendments
Given a solicitation scenario:
* Explain the procedures for resolving inquiries pertaining to the solicitation.
* Summarize the process for conducting a pre-proposal conference.
* Prepare an amendment.

Contract Formation I

Course Description:
This FAI-compliant course is the second in the Basics of Contracting series. It provides a comprehensive study of the fundamentals of the solicitation and award process in government purchasing. The student will be introduced to both commercial and non-commercial purchasing procedures and will explore both oral and written solicitation techniques.
The lecture-discussion sessions of the course are heavily supplemented by group exercises and case studies to provide the student with practical experience in the application of the learning objectives.
The target audience for this course consists of members of the contract specialist (GS1102) career path. Program managers, technical managers, and others who interface frequently with the purchasing process could also benefit from this training.

ACE Credit Recommendation:
In the lower division baccalaureate degree category, 2 semester hours in Business Administration, Federal Acquisition, Public Administration, Procurement Management, or Purchasing.

Prerequisites:
None

Learning Objectives:
1. Handling Quotes and Offers

Given the FAR:
* Identify the steps in safeguarding quotes, proposals, and bids.
* Describe the procedures for processing quotes, proposals, and bids.
* Recognize when to accept late quotes, proposals, and bids.

2. Evaluation

Given the solicitation, responses received, price, price-related and non-price-related information:
* Apply technical and other non-price-related factors.
* Describe the role of price and cost analysis in evaluating offers and quotations.
* Recognize techniques to evaluate other terms and conditions.

3. Selection

Given a scenario:

* Describe the decision process for awarding with or without discussions.
* Recognize when fact-finding is appropriate.
* Determine whether to establish a competitive range.
* Select contractors to include within the competitive range.
* Identify the steps in conducting negotiations.

4. Responsibility

Given a solicitation response, market research findings, and an excerpt of the list of excluded parties:

* Describe the procedures for determining responsibility.
* Determine if a contractor is debarred, suspended, proposed for debarment, or otherwise ineligible.
* Describe the process for referring a nonresponsibility determination to the small business administration.
* Determine the responsibility or non-responsibility of a prospective contractor.

5. Awards and Debriefings

Given an evaluated quote and a responsible contractor:

* Describe the procedures for preparing and documenting an award using FAR Part 14 and 15 procedures
* Explain the process for completing a purchase order.
* Recognize regulatory requirements for notification of award.
* Describe the process of conducting a debriefing.
* Determine the method for processing postaward mistakes.
* Prepare award documents.

6. Protests

Given a scenario and related facts pertaining to a protest:

* Identify those actions that may be protested.
* Explain the process for handling protests.
* Explain the procedures for the alternative dispute resolution process.
* Determine an appropriate response to the protest.

Contract Administration I

Course Description:
This FAI-compliant course is the third in the Fundamentals of Contracting curriculum designed to instruct the student in all of the knowledge, skills and abilities required of the journeyman contract specialist. This course takes the student through the various facets of postaward contract administration, covering everything from the postaward orientation conference to contract closeout.

Lecture-discussion is heavily supported by practical exercises and case studies to cover a comprehensive group of learning objectives required by FAI. Students are taught the concepts by the instructor, and are then expected to demonstrate their knowledge by completing individual and group exercises.

The target audience for this course consists of members of the contract specialist (GS-1102) career path. Others involved in contract administration activities could also benefit.

ACE Credit Recommendation:
In the lower division baccalaureate degree category, 2 semester hours in Business Administration, Federal Acquisition, Public Administration, Procurement Management, or Purchasing.

Prerequisites:
None

Learning Objectives:
1. Initiation of Contract Administration Given the awarded contract and contract administration requirements:
* Identify and describe applicable processes and procedures for postaward orientations, subcontracting, government furnished property, labor issues, and environmental issues.

2. Modifications and Claims
Given a contract and a request to modify:
* Differentiate between commercial and noncommercial modifications.
* Recognize the process for modifying a commercial contract.
* Determine the process for exercising an option.
* Describe the claims process.
* Prepare a contract modification.

3. Quality Assurance
Given a contract with a quality assurance plan and a performance issue:
* Determine the appropriate quality assurance procedures.
* Determine surveillance required by contractor and government personnel to ensure monitoring, inspection, and acceptance criteria are met.
* Determine when a stop work order should be used and its potential impact.
* Conclude whether delays are excusable and if consideration is appropriate.
* Recognize remedies available for commercial and noncommercial contracts.
* Describe procedures for developing and reporting contractor past performance.

4. Payment
Given regulatory guidance:
* Recognize contractual payment or accounting terms and conditions.
* Identify invoice and payment procedures.
* Identify contract financing and request for assignment of claims.
* Recognize the types of commercial financing and their implications for contract administration.
* Recognize the terms "accounting system," "estimating system," "cost accounting standards," and "defective pricing."

5. Terminations
Given a contract situation:
* Recognize the similarities and differences between terminations for commercial and noncommercial contracts.
* Determine whether to terminate for convenience for a commercial or noncommercial contract.
* Identify the reasons for a termination for default on a noncommercial contract.
* Determine the adequacy and appropriate remedies for a termination for cause on a commercial contract.
* Prepare a termination notice.

6. Contract Closeout
Given a contract scenario:
* Describe the process for properly closing out a contract.
* Recognize when a contract is complete.
* Recognize indications of fraud and exclusion or other civil or criminal offense.
* Perform a contract closeout.

Price Analysis

Course Description:
This FAI-compliant course is part of the Principals of Contract Pricing curriculum required for all contracting professionals. It addresses all facets of price analysis and provides the student with the knowledge, skills, and abilities needed to conduct price analysis.

The course employs a combination of lecture-discussion, case study, and practical exercise techniques to provide training to cover the comprehensive set of learning objectives established by FAI.

The target audience for this course consists of members of the contract specialist (GS-1102) career path. Other personnel involved in contract pricing decisions would find the course helpful.

ACE Credit Recommendation:
In the lower division baccalaureate degree category, 2 semester hours in Business Administration, Federal Acquisition, Public Administration, Procurement Management, or Purchasing.

Prerequisites:
* Acquisition Planning I
* Contract Formation I
* Contract Administration I

Learning Objectives:
Introduction to Contract Pricing
* Describe the sellers' pricing goals in a market.
* Describe the key elements of the government's pricing objective.
* The three basic approaches to contract pricing (price analysis, cost analysis and cost realism analysis).
* The role of each acquisition team member in analyzing prices.
1. Market Research for Price Analysis
Given a purchase request containing the Independent Government Cost Estimate (IGCE), excerpts from relevant acquisition histories, and sample market data:
* Determine whether the IGCE is reasonable.
* Identify internal and external sources of market data for estimating and analyzing prices.
* Develop an estimate of the proper price level.
2. Maximizing Price Competition
Given sample requirements documents, excerpts from relevant acquisition histories, and sample market data:
* Identify actions that would increase price competition, including potential changes to the solicitation terms and conditions.
3. Price-Related Information from Offerors
Given sample requirements documents, excerpts from relevant acquisition histories, and sample market data:
* Determine the need to obtain additional price-related information from offerors
* Identify requirements for cost or pricing data.
* Recognize the applicability of one or more exceptions to the requirement for such data.
* Determine the need for information from offerors other than cost or pricing data.
4 & 5. Price-Related Factors
Given the solicitation:
* Develop price-related factors for award.
* Given offers:
* Calculate the evaluated price of each offer.
6. Price Comparisons
Given evaluated prices, information from offerors and market research, and quantitative techniques:
* Select prices for comparison (i.e., commercial, historical, ICE).
* Identify factors that affect price comparisons.
* Determine the effect of the factors on the price comparisons.
* Apply quantitative techniques to compare prices.
* Develop an estimate of the "should pay" price.
7. Accounting For Differences
Given evaluated prices, information from offerors and market research and the should pay price:
* Investigate the reasons and consequences of differences (if significant) between offered prices and the "should pay" price.
8. Price-Related Decisions in Sealed Bidding
Given bids, the evaluated prices bid, information from bidders and market research, the should pay price, and analyses of significant differences between the should pay price and evaluated prices bid:
* Identify possible mistakes in bids.
* Determine whether to reject a bid that is unreasonably low or materially unbalanced.
* Determine the applicability of price-related reasons for canceling the IFB.
9. Price-Related Decisions in Negotiations
Given proposals, evaluated prices, information from offerors and market research, the should pay price, and the findings of the analysis of significant differences between the should pay price and evaluated prices:
* Identify the need to request additional pricing information from offerors.
* Recognize the role of price-related information in establishing the competitive range.
* Plan factfinding related to proposed prices.
* Establish prenegotiation positions on price.
* Consider potential trade-offs between price and other terms and conditions of the contract.
* Identify the conditions that may require cancellation of the solicitation and/or resolicitation.
10. Documentation
* Identify documentation requirements for sealed bidding and negotiated procurements.

Cost Analysis

Course Description:
This FAI-compliant course is part of the Principals of Contract Pricing curriculum required for all contracting professionals. It addresses all facets of cost analysis and provides the student with the knowledge, skills and abilities needed to conduct cost analysis.

The course employs a combination of lecture-discussion, case study, and practical exercise techniques to provide training to cover the comprehensive set of learning objectives established by FAI. Students learn which of many approaches to cost analysis should be applied to different pricing situations. In addition, students will have the opportunity to use such approaches to answer particular pricing questions.

The target audience for this course consists of members of the contract specialist (GS-1102) career path. Other personnel involved in contract pricing decisions would find the course helpful.

ACE Credit Recommendation:
In the lower division baccalaureate degree category, 2 semester hours in Business Administration, Federal Acquisition, Public Administration, Procurement Management, or Purchasing.

Prerequisites:
* Acquisition Planning I
* Contract Formation I
* Contract Administration I
* Price Analysis

Learning Objectives:
1. Cost and Cost Analysis Defined
* Define contract cost as used in contract pricing.
* Identify considerations necessary for cost analysis.
* Compare cost estimating systems to cost accounting systems.
* Describe cost estimating methods.
2. Obtaining Offeror Information for Cost Analysis
Given market research:
* Determine whether cost or pricing data are required.
* Describe the process for obtaining required cost or pricing data.
* Identify the elements necessary for the proper execution of the certificate of current cost or pricing data.
* Recognize the need for pricing information other than cost or pricing data.
* Solicit information from offerors required or otherwise necessary to analyze proposed costs.
3. Allowability
Given cost proposals, market research, and the FAR:
* Identify the five factors to consider in determining cost allowability.
* Research the specific cost principles in FAR 31.205.
* Classify proposed costs as allowable, unallowable, or allowable with restrictions.
4. Data Collection
Given market research (including acquisition histories), cost proposals, and input from the acquisition team:
* Extract relevant data from the market research.
* Develop requests for technical, audit and field pricing support.
* Critique the findings of technical, audit and field pricing reports.
5. Evaluating the Proposed Work Design
Given market research (including acquisition histories), cost proposals, and the findings of technical, audit and field pricing reports:
* Identify the offeror's planning assumptions, including contingencies.
* Develop positions on the proposed work design.
* Identify the level of risk inherent in the offeror's cost estimate and methods for mitigating risks.
6. Direct Material Costs
Given market research (including acquisition histories), cost proposals, the findings of technical, audit and field pricing reports, and the government's position on the proposed work design:
* Develop prenegotiation positions on the material mix, summary level cost estimates, detailed quantity estimates, unit price estimates, and subcontracts.
7. Direct Labor Costs
Given market research (including acquisition histories), cost proposals, the findings of technical, audit and field pricing reports, and the government's position on the proposed work design:
* Develop prenegotiation positions on the direct labor mix, direct labor hours, and labor rates.
8. Other Direct Costs
Given market research (including acquisition histories), cost proposals, the findings of technical, audit and field pricing reports, and the government's position on the proposed work design:
* Develop prenegotiation positions on other direct costs.
9. Indirect Costs
Given market research (including acquisition histories), cost proposals, the findings of technical, audit and field pricing reports, and the government's position on the proposed work design:
* Identify the elements of an indirect cost rate.
* Define "indirect cost pool".
* Relate the allocation base(s) to indirect cost pools.
* Define the "cost allocation cycle".
* Examine proposed indirect costs to assure compliance with FAR 31.2.
* Calculate a forward pricing rate.
* Apply the forward pricing rate to develop prenegotiation positions on indirect costs.
10. Facilities Capital Cost of Money
Given prenegotiation positions on elements of cost:
* Recognize elements affecting facilities capital cost of money.
* Identify the steps to calculate the facilities capital cost of money.
* Calculate facilities capital cost of money.
11. Profit or Fee
Given market research (including acquisition histories), cost proposals, the findings of technical, audit and field pricing reports, the government's position on the proposed work design, and prenegotiation positions on elements of cost:
* Identify the factors affecting profit/fee analysis and develop a prenegotiation position on profit or fee using the appropriate structured approach.
12. Preparing for Negotiation
Given market research (including acquisition histories), cost proposals, the findings of technical, audit and field pricing reports, the government's position on the proposed work design, prenegotiation positions on elements of cost and profit, and an independent assessment of the proposed price based on price analysis techniques:
* Identify any differences between the results of cost analysis and price analysis.
* Recognize how cost drivers, cost risk, and available tradeoffs with contract requirements affect the prenegotiation objective.
* Identify key pricing elements in prenegotiation objectives.
* Describe the documentation required to support the government's prenegotiation position.
* Develop an overall position on the proposed price.

Federal Contract Negotiation Techniques

Course Description:
As the Government uses negotiation more and more frequently, and sealed bidding less and less, it is important for Government personnel to negotiate effectively. This FAI-compliant course (part of the Principles of Contract Pricing curriculum) takes the student through the various aspects of the negotiation process, including the reasons for negotiation, human characteristics that influence the negotiation process, presentation skills, and negotiation strategies.

Through a combination of lecture-discussion sessions, case studies and practical exercises, students will learn to formulate negotiation objectives, plan and execute negotiation strategies, and get real-time feedback on the effectiveness of their approach.

This would be a valuable course for any Government employee who would like to develop better negotiation skills. While the course focuses on negotiations with contractors, the skills and techniques learned can be applied to any situation that might require negotiation, inside or outside the Government.

ACE Credit Recommendation:
In the lower division baccalaureate degree category, 2 semester hours in Business Administration, Federal Acquisition, Public Administration, Procurement Management, or Purchasing.

Prerequisites:
* Acquisition Planning I
* Contract Formation I
* Contract Administration I
* Price Analysis
* Cost Analysis

Learning Objectives:
1. Introduction to Negotiations
* Describe negotiations as defined in FAR.
* Identify the factors necessary for a successful negotiation.
* Recognize the three possible negotiation outcomes and perceived negotiation styles.
* Describe negotiator attitudes that lead to successful negotiations.
2. Exchanges Prior to Negotiations
Given a proposal, the government's analysis(es) of the proposal(s), and a competitive range determination (in competitive negotiations):
* Participate in exchanges (i.e. factfinding sessions) between the government and one or more offerors to obtain the information necessary to finalize prenegotiation positions.
3. Negotiation Preparation
Given a proposal, background materials for government teams, background materials for offeror teams, and the results of exchanges:
* Organize the negotiation team in the negotiation process.
* Inventory the negotiation issues and objectives.
* Identify the other party's negotiation history and probable approach.
* Describe potential bargaining strengths and weaknesses of both parties.
* Identify negotiation priorities and potential tradeoffs or concessions.
* Determine an overall strategy for attaining the prenegotiation objectives.
* Prepare a negotiation plan.
4. Non-Competitive Negotiations
Given a proposal, background materials for government teams, background materials for offeror teams, the results of exchanges, and negotiation plans:
* Identify the steps in conducting and documenting both pre-award and post-award non-competitive negotiations.
* Conduct a non-competitive negotiation.
5. Non-Verbal Communications
Given negotiation scenarios:
* Recognize different forms of nonverbal communications that may be present during a negotiation.
* Describe different forms of body language and the effects they can have on negotiations.
* Describe different elements of the physical environment and the effects they can have on negotiations.
* Recognize the importance of personal attributes in negotiations.
* Employ non-verbal communication techniques.
* Interpret non-verbal cues from other participants in the negotiations.
6. Bargaining Techniques
Given negotiation scenarios:
* Identify and apply bargaining techniques.
7. Bargaining Tactics
Given negotiation scenarios:
* Recognize Win/Win and Win/Lose tactics.
* Identify ways to apply Win/Win tactics in negotiating a fair and reasonable price.
* Recognize tactics used by the other party.
* Apply counter-measures to Win/Lose tactics.
8. Competitive Discussions
Given two or more proposals, background materials for government teams, background materials for offeror teams, the results of exchanges, the negotiation plan, and the agenda:
* Recognize the steps for a competitive discussion.
* Conduct competitive discussions.
* Conduct a comparative assessment of final proposals.
* Develop a presentation that communicates the findings.
* Identify the use of the Price Negotiation Memorandum (PNM) in documenting a fair and reasonable price.