Yalepharma also
offers elective courses for contracting functions
that are not covered in the core curriculum, including
contracting for architect and engineering services,
contracting for information technology, contracting
for research and development, construction contracting,
sealed bidding, and simplified acquisition.
Emerging Acquisition Processes
Awarding Contracts for Commercial Items
Course Description:
This Workshop provides
students with practice in using market research to
improve requirements documents and tailor FAR 52.212-1,
52.212-2, and 52.212-4. In this Workshop, the Instructor
plays the role of the contracting officer. Students
play the role of staff to the contracting officer.
The contracting officer has to analyze the findings
of market research and apply them in recommending
changes to draft requirements documents (which contain
some decidedly non-commercial, questionable elements),
determine whether to set aside the contract or otherwise
restrict competition, critique draft evaluation factors
for the solicitation, tailor the clause at FAR 52.212-4,
manage the award process, debrief offerors, and respond
to a protest.
The contracting officer will rely on the students
to research and develop recommendations for the decisions
inherent in these tasks. For this purpose, the Instructor
will briefly tutor students on guidelines for making
the decision. Then, the instructor will assign research
questions. Generally, students will work in groups
on the research questions and develop a consensus
on the answers and recommendations for the decision.
Questions in many cases do NOT have a clear-cut school
solution. Rather, the students' goal is to identify
the best course of action, given the available facts
and the guidelines supplied by the instructor.
The instructor will discuss the students' answers
and recommendations, providing feedback on their decision
making. Finally, the instructor(s) will render the
contracting officer's decision, as the basis for the
follow-on decisions. Students may, and on occasion,
should disagree with the contracting officer's decision.
At the end of the workshop, students will have an
opportunity to second-guess the contracting officer's
decisions and voice their views, FIRST, on how the
contracts could have been handled differently and,
SECOND, if handled differently, why, in their view,
the contracts would have had a greater probability
for success in attaining the goals of the acquisition
system. The instructors will also have views on how
the contracts could have been handled more effectively.
Expect a lively discussion of student views and the
views of the instructor.
Prerequisites:
Experience
at awarding contracts for non-commercial items.
Learning Objectives:
Using the unique
concepts, principles, and contract terms established
by FAR Part 12:
* Review purchase requests.
* Analyze the findings of market research.
* Identify and recommend improvements to requirements
documents.
* Determine the applicability of FAR Part 12 (i.e.,
the "commerciality" determination).
* Review sole source recommendations and determine
the applicability of exceptions to the requirement
for full and open competition.
* Develop evaluation factors for award and incorporate
those factors in FAR provision 52.212-2.
* Tailor FAR Clause 52.212-4.
* Prepare Standard Form 1449.
* Analyze proposals using the evaluation factors in
FAR provision 52.212-2.
Determine whether or not to award without discussions.
Determine the competitive range.
Manage the exchange of information with offerors before
and after determination of the competitive range.
Determine responsibility.
Document the award decision.
* Debrief offerors.
* Respond to an agency protest.
Administering Contracts for Commercial Items
Course Description:
This Workshop provides
experience in administering a contract for commercial
services, applying the terms of FAR clause 52.212-4.
The Instructor will play the role of the contracting
officer. You will play the role of staff to the contracting
officer. The contract is for custodial services. The
contracting officer has to initiate contract administration,
deal with proposals to change the contract, analyze
problems with contractor performance, solve the problems,
and close out the contract.
The contracting officer will rely on you to research
and develop recommendations for the decisions inherent
in these tasks. For this purpose, the Instructor will
briefly tutor you on guidelines for making the decision.
Then, the instructor will assign research questions.
Generally, you will work in groups on the research
questions and develop a consensus on the answers and
your recommendations for the decision. Do not expect
all questions to have a clear-cut school solution.
Rather, your goal is to identify the best course of
action, given the facts available to you at that time
and the guidelines supplied by the instructor.
The instructor will discuss your answers and recommendations,
providing feedback on your decision making. Finally,
the instructor(s) will render the contracting officer's
decision, as the basis for the follow-on decisions.
You may, and on occasion, should disagree with the
contracting officer's decision. At the end of the
workshop, you will have an opportunity to second-guess
the contracting officer's decisions and voice your
views, FIRST, on how the contracts could have been
handled differently and, SECOND, if handled differently,
why, in your view, the contracts would have had a
greater probability for success in attaining the goals
of the acquisition system. Be warned that the instructors
will also have views on how the contracts could have
been handled more effectively. Expect a lively discussion
of your views and the views of the instructor.
The workshop is based on actual contracts. The problems
and issues are real. We deliberately selected the
problems and issues to challenge your judgment and
problem solving abilities. Fortunately, most contracts
will not be as difficult as that you are about to
administer - but more than likely you will encounter
all the issues and problems of this Workshop all too
soon when administering contracts for commercial items.
Prerequisites:
Experience
at awarding contracts for non-commercial items.
Learning Objectives:
Using the unique
concepts, principles, and contract terms established
by FAR Part 12:
* Modify contracts.
* Determine whether to exercise options.
* Document and evaluate contractor performance.
* Identify and informally resolve performance problems.
* Determine whether and how to reject work both before
and after acceptance.
* Apply the warranties of merchantability and fitness
for a particular purpose.
* Determine whether and how to terminate for convenience.
* Determine whether and how to terminate for cause.
* Close out a contract for commercial items.
Performance Based Service Contracting
Course Description:
As a result of
the Government Performance Results Act (GPRA) and
agency interest in obtaining improved contractor performance,
agencies are increasing their use of Performance Based
Service Contracting (PBSC) methods to ensure achievement
of contractual objectives.
The course includes the latest PBSC guidance and samples
issued by the Office of Federal Procurement Policy
(OFPP). The PBSC acquisition process is covered in
detail to provide in depth explanation of the benefits
(and challenges) of PBSC contracting.
Through lecture, quizzes, and exercises, you will
learn how PBSC contracting relates to your program
and procurement activities. In addition, this course
will teach you how to determine if your requirement
is a candidate for the PBSC contracting method.
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:
* Describe the
history, purpose and benefits of PBSC contracting.
* Explain Performance Work Statements (PWSs).
* Develop performance indicators, standards and acceptable
quality levels.
* Define the roles of various participants in the
PBSC process.
* Write Quality Assurance Surveillance Plans.
* Discuss positive and negative incentives used in
performance based contracting.
* Determine whether your specific agency requirements
are appropriate for the PBSC method.
