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Executive Education (YalePharma ExecEdu)

PHARMA EXECUTIVE PROGRAM
PROGRAMS AND COURSES

 

 

 

Government Executive Program VI

OFPP Governmentwide Core

Procurement Curriculum II

  • 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 II:

    Acquisition Planning II Course Description:
    This FAI-compliant course is the first of a three-part series in Intermediate Contracting designed to provide experienced, intermediate-level contracting personnel with skills beyond those taught in the Fundamentals of Contracting curriculum. Acquisition Planning II covers presolicitation activities in more depth than Acquisition Planning I. Additionally, the course addresses a number of special topics that are not discussed in Acquisition Planning I.

    The course is designed around a comprehensive set of learning objectives that are achieved through lecture-discussion, practical exercises, and case study techniques.

    The target audience for this course consists of personnel involved in the contract specialist (GS 1102) career path. Others involved in the planning of complex requirements could benefit from the text and classroom discussion as well. A minimum of one year of experience in the contracting field is recommended as preparation for this course.

    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
    * Federal Contract Negotiation

    Learning Objectives:
    1. Initiating the Acquisition
    * Distinguish the roles and responsibilities of acquisition personnel in forecasting requirements.
    * Determine an effective acquisition strategy.
    2. Market Research
    Given a purchase request for complex requirement:
    * Determine the extent of, and techniques for, acquiring additional market research needed for an acquisition.
    * Assess the impact of market research on an acquisition.
    3. Requirements Documents
    Given market research and draft requirements documents:
    * Determine adequacy of the requirements' documents.
    * Determine whether to authorize acceptance of a variation in quantity and/or the use of reconditioned materials, former government surplus property or residual inventory.
    4. Advisory and Assistance Services
    Given various sample requirements for specialized services:
    * Determine if advisory and assistance services are appropriate and if there are potential conflicts of interest.
    5. Government Property
    Given a purchase request and information on the availability of government property:
    * Determine whether to furnish the property.
    6. Type of Contract
    Given a variety of acquisitions:
    * Determine the type of contract agreement, as well as associated pricing arrangements, that will best mitigate and apportion expected risk and select a method to provide for recurring requirements.
    7. Contract Financing
    Given a purchase request and market research data:
    * Select government financing methods (or none), including related provisions and clauses, for a noncommercial requirement.
    * Complete the appropriate finance provisions and clauses for inclusion in the solicitation.
    8. Bonds
    * Identify the need for bonds in contracts other than construction.
    * Recognize situations, which require bonding terms and conditions due to high-risk markets.
    9. Non-Price Factors
    Given acquisition histories, market data, purchase requests, requirements documents, the statement of work and/or recommended non-price factors for award:
    * Analyze non-price factors used in prior or comparable acquisitions.
    * Recognize how to develop evaluation factors for a new or complex requirement.
    10. Acquisition Planning
    Given acquisition forecasts, histories, and market research:
    * Develop an acquisition plan.
    11. Source Selection Plans
    Given purchase requests, acquisition histories, market data, and decisions made in all previous steps of the procurement planning phase:
    * Determine the roles and responsibilities of each source selection participant, including non-government evaluators.
    * Assess procedures for safeguarding source selection information.
    * Identify key elements of a source selection plan including those to be incorporated into the RFP.
    * Develop a source selection plan so that sound business judgments can be made.

    Contract Formation II

    Course Description:
    This FAI-compliant course is the second of a three-part series in Intermediate Contracting designed to provide experienced, intermediate-level contracting personnel with skills beyond those taught in the Fundamentals of Contracting curriculum.

    Contract Formation II discusses the solicitation and award activities required to form a government contract in more detail than Contract Formation I. Additionally, the course addresses a number of special topics that are not discussed in Contract Formation I.

    The course is designed around a comprehensive set of learning objectives that are achieved through lecture-discussion, practical exercises, and case study techniques.

    The target audience for this course consists of personnel involved in the contract specialist (GS-1102) career path. Others involved in the formation of contracts could also benefit. A minimum of one year of experience in the contracting field is recommended as preparation for this course.

    ACE Credit Recommendation:
    In the lower division baccalaureate/associate or upper 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
    * Federal Contract Negotiation
    * Acquisition Planning II

    Learning Objectives:
    1. Requests For Proposals
    Given a purchase request, acquisition history, market research data, and pre-solicitation business decisions:
    * Determine funding availability considering obligation period and whether fund amount is realistic.
    * Select provisions and clauses.
    * Prepare instructions for proposal preparation and an oral presentation.
    2. Non-Price Evaluation
    Given a purchase request, acquisition history, market research data, proposals, and information from the offeror:
    * Critique instructions to technical evaluation teams for adequacy.
    * Assess the technical evaluation report(s).
    * Recognize appropriate procedures for evaluating past performance.
    3. Discussions
    Given a purchase request, acquisition history, market research data, proposals/quotes, technical reports and cost/price analysis reports:
    * Determine the competitive range.
    * Discuss the components of a prenegotiation plan.
    * Analyze documented discussion records and final proposal revisions.
    * Discuss the procedure for excluding offerors outside the competitive range.
    4. Subcontracting Requirements
    Given a solicitation and proposal information:
    * Identify the effects of the make or buy program.
    * Recognize the required elements of a subcontracting plan.
    * Critique the proposed subcontracting plan.
    5. Responsibility
    Given a solicitation, several offers, and a preaward survey:
    * Make a responsibility determination.
    * Given a solicitation and the proposal in line for award:
    * Determine applicability of the cost accounting standards via the exemptions.
    * Identify the compliance requirements for full or modified coverage.
    * Identify the requirements for a disclosure statement.
    6. Source Selection
    Given an evaluated proposal and supporting documentation:
    * Develop the award recommendation and the debriefing agenda for the source selection authority.
    7. Protests
    Given a protest, a recommended resolution of the protest, offers, solicitation, and supporting documents:
    * Determine the reasonableness of the protest resolution and whether sound business judgments were made.

    Contract Administration II

    Course Description:
    This FAI-compliant course is the last of a three-part series in Intermediate Contracting designed to provide a more detailed understanding of the subject matter to experienced intermediate-level contracting personnel than the Fundamentals of Contracting course series.

    Contract Administration II covers the post-award activities required to manage a contract in more extensive detail than Contract Administration I. Additionally, the course addresses a number of special topics that are not discussed in Contract Administration I.

    The course is designed around a comprehensive set of learning objectives that are achieved through lecture-discussion, practical exercises, and case study techniques.

    The target audience for this course consists of personnel involved in the contract specialist (GS-1102) career path. Others involved in the administration of complex contracts could also benefit. A minimum of one year of experience in the contracting field is recommended as preparation for this course.

    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
    * Federal Contract Negotiation
    * Acquisition Planning II
    * Contract Formation II

    Learning Objectives:
    1. Initiating Contract Administration
    Given a contract file:
    * Prepare to administer the contract.
    * Identify contract requirements.
    * Recognize the appropriate topics for a postaward orientation.
    2. Modifications and Claims
    Given a contract file and a request to modify the contract:
    * Recognize the procedures for processing modifications.
    * Identify the circumstances prohibiting modification.
    * Determine the impact of the proposed modification and consideration required, if any, and apply procedures for completing a modification.
    * Determine whether to recommend granting extraordinary relief and the nature and extent of such relief.
    3. Payment and Accounting
    Given various financial management contract scenarios, applicable references, and input from the contractor:
    * Describe the invoice payment process.
    * Describe the procedures for determining whether to permit an assignment of claims.
    * Determine the procedures for making payments based on cost.
    * Determine the procedures for administering progress payments based on cost including computation of payment amount and liquidation amount.
    * Determine the procedures for administering performance-based payments.
    * Identify the procedures for administering advance payments.
    * Assess the situation and appraise the procedures for debt collection.
    * Identify the steps necessary to approve, disapprove, or request changes to a contractor's accounting or estimating system.
    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.
      

    Intermediate Contract Pricing

    Course Description:
    This FAI-compliant course explores contract pricing in greater depth than in the Price Analysis and Cost Analysis courses. This advanced curriculum is directed to the student with a basic understanding of cost and price analysis. The course materials and discussions illustrate how mathematical techniques and analytical methods may be used to solve problems related to contract pricing. The student is required to demonstrate an understanding of the material by applying appropriate techniques to course problems.

    This course relies heavily on case studies and practical exercises to ensure that students understand the learning objectives and can apply them. There is, of course, some lecture required to present various mathematical and analytical concepts, but students will work daily in small groups to cement the learning.

    This is an advanced course, and as such should not be taken by the casual student who only requires an introduction to contract pricing. Students in this course should be contract specialists and others who are actively involved in complex contract pricing activities. A minimum of one year of experience in the contracting field is recommended as preparation for this course.

    ACE Credit Recommendation:
    In the lower division baccalaureate degree category, 3 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
    * Federal Contract Negotiation
    * Acquisition Planning II
    * Contract Formation II
    * Contract Administration II

    Learning Objectives:
    1. Math Techniques
    Given data and analytical references and resources:
    * Differentiate among statistical methods in pricing.
    * Select the appropriate statistical technique.
    * Describe the linear regression process and use regression analysis to predict the dependent variable.
    * Use Net Present Value analysis to determine the best procurement alternative.
    * Apply price indexing to project a new FPEPA rate.
    * Paraphrase the Unit Improvement Curve Theory and estimate work differences using Improvement Curve Analysis.
    2. Production
    Given a production contract scenario, references, mathematical techniques, and analytical resources:
    * Identify costs to include in the indirect cost pool.
    * Calculate the indirect cost rate.
    * Identify Fixed Price Incentive Firm (FPIF) elements.
    * Calculate FPIF elements.
    3. Supplies
    Given a commercial supply contract scenario, references, mathematical techniques, and analytical resources:
    * Determine commerciality.
    * Determine the cost data required.
    * Recognize issues and factors to consider in a lease vs. purchase decision.
    * Use Net Present Value analysis to make a lease vs. purchase decision.
    * Uses price indexing to calculate contract cost changes.
    * Execute a Termination for Commercial Item modification.
    4. Services
    Given a services contract scenario, references, mathematical techniques, and analytical resources:
    * Identify Cost Plus Incentive Fee (CPIF) elements.
    * Calculate CPIF elements.
    * Recognize issues and factors to consider in making equitable adjustments.
    * Determine the equitable price adjustment for a contract modification.
    * Determine the contract price adjustment for defective pricing data.
    5. Construction
    Given a construction contract scenario, references, mathematical techniques, and analytical resources:
    * Use Improvement Curve Analysis to determine labor hour changes.
    * Determine the adjusted labor cost for changing labor conditions.
    * Determine a proposed equitable price adjustment for work stoppages.
    * Calculate the adjusted settlement for a partial Termination for Convenience.

    Government Contract Law
    Course Description:
    This FAI-compliant course discusses the impact of the legal system on the process of Government contracting. A variety of topics are covered, including the legal framework in which the contracting process is conducted, various federal statutes that affect the contracting process, the variety of regulations that govern the process, and the impact of judicial and administrative review on Government contracting.

    Text material and instructor lecture is heavily augmented by case studies and practical problems that allow the student to not only understand the numerous legal concepts and ideas brought up in the course, but to see them applied to actual situations in which the student is required to apply laws and/or regulations to a set of facts and determine appropriate legal conclusions.

    The target audience for this course consists of personnel involved in the contract specialist (GS-1102) career path. Others interested in Government contracting could also benefit.

    ACE Credit Recommendation:
    In the lower division baccalaureate degree category, 3 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
    * Federal Contract Negotiation
    * Acquisition Planning II
    * Contract Formation II
    * Contract Administration II
    * Intermediate Contract Pricing

    Learning Objectives:
    1. Introduction to Government Contract Law and Business Ethnics
    * Describe the constitutional, statutory, and common law framework for government contracting.
    * Describe business ethics and standards of conduct that apply to the practice of government contracting.
    2. General Contract Elements, Principles, and Authority
    * Review the elements of contract formation.
    * Describe provisions of the Uniform Commercial Code (UCC) that apply to contract formation in the commercial marketplace as they relate to the intentions of the parties that seek to enter the contractual relationship.
    * Examine how the unique status of the government affects the authority of its representatives to form contracts.
    3. Government Contract Formation
    * Describe methods of forming contracts (e.g., sealed bidding; negotiation; commercial vs. non-commercial variations on contract award).
    * Explain the principles of law and policy related to each method.
    4. Protests
    * Discuss the forms for deciding protests.
    * Describe the policies and procedures of each forum for such matters as eligibility to file a protest, the standard of review of the agency's action, and the effect of the forum's decision.
    5. Property
    * Describe the concept of property: Its types, its characteristics, and methods of transfer and use.
    * Describe title to property, bailment, and various types of intellectual property.
    * Explain how certain contract clauses operate to refine and shape the legal positions of the parities in relation to the ownership, use and transfer of property.
    6. Funding Contracts and Fiscal Matters
    * Describe the various legal facets of fiscal management and funding.
    * Identify problems involved and some of the means of resolving those problems.
    7. Labor, Social, Economic, and Environmental Concerns
    * Describe the legal obligations of contracting officers for implementing labor, social, economic, and environmental policies that directly or indirectly apply to Federal contracting and the limitations on their role in administering those policies.
    8. Fraud
    * Define and describe acts of fraud.
    * Identify the Federal statutes, and methods to implement those statutes, that the government can use in affirmative litigation to prosecute firms that may be engaged in illegal practices related to government contracting.
    9. Inspection, Delivery, Acceptance, and Warranties
    * Examine inspection, delivery, acceptance, and warranties with a view toward interpreting and defining contract compliance with respect to quality.
    10. Changes
    * Describe the modification or alteration of government contracts.
    * Describe the various approaches to measuring the "equitable adjustment".
    11. Contract Disputes
    * Describe the process for resolving disputes that arise in connection with the performance of government contracts.
    * Discuss the evolution of that process.
    12. Terminations
    * Describe the authority, reasons, procedure, and applications of terminations