US FED and State Government Contracts Analysis :
Phase1 - Pre Registration
Deliverables:
Reviewing the company documents
Identifying issues for compliance with US DOD and the Prime Contractor
Drafting the documents
Registering the Company and their respective documents with the US FED Government database
Identifying the NAICS and PSC codes relevant to the Company for registration in Prime Contractor database as well as US FED Govt
Coordinating efforts with the Company’s representative and filling appropriate NAICS and PSC Codes with US FED Govt
Identifying the Core attributes / Assertions / Representations with US Fed Government database
Documents: Processing / Compliance / Approving the Company in US Federal Database in compliance with FAR
After Registering Company and upon approval from US FED Govt and US DOD obtain Military CAGE code
The Registration process in the US FED Government and getting it approved by the US Fed Govt (inclusive) of all the security clearances will take approximately 2- 4 months
Draft Capability Statement of the Company
Phase 2 - After Registration.
Deliverables:
Acquisition Planning in compliance with FAR/ DFAR / etc - Briefing the Company
Acquisition Planning - the purpose is to ensure that the US Fed Govt meets its needs in the most effective, economical and timely manner.
Discuss and analyze with the Company
a. Statement of need
b. Applicable Conditions
c. Cost
d. Capability or performance
e. Prepare Capability Statement
f. Delivery or performance-based requirements
g. Risks analysis – mitigating risks
h. Acquisition streamlining
Drafting Capability Statement of the Company with respect to FAR / DFAR
Coordinating efforts with Prime and their respective Corporate office
Setting up a meeting with the Primes / Subcontractors (if possible - multiple)
Setting up a meeting with the Prime / Subcontractors
Briefings Company Executives, representatives and teaming partners with respect to Prime and Subcontractors expectations and approach to procuring US Fed Government Contracts
Phase 3. Bid Preparation in Compliance with FAR / DFAR / etc
Review / Analyze / Discuss - Open Requisitions (RFP/RFQ/IFB) offered by the Prime / Subcontractors to the Company
1. Plan of Action
a. Sources
b. Competition
c. Contract type review and analysis
d. Source selection procedures
e. Acquisition considerations
f. Budgeting & Funding
g. Service description and analysis
h. Priorities, allocations and allotments
i. Discuss and analyze – Contractor vs Government performance
j. Company’s Management information requirements: what management system will be used by the US FED Govt to monitor the contactor’s effort. If EVMS (Earned Value Management System) is to be used, discuss the methodology the government will employ to analyze and use the earned value data to assess and monitor contract performance
k. Test and evaluation
l. Logistics consideration
m. Security Considerations
n. US FED Govt – furnished property and furnished information
o. Environmental and Energy conservation objectives and plan of action
p. Contract administration and execution
2. Bid Analysis:
Reviewing / Analyzing / Bid – open requisitions
Discussing with Company executives
Price Analysis – competitive range
Drafting Proposals in compliance to US FED – FAR / DFAR, etc
Other considerations: Review / Analyze / Discuss
a. Standardization concept
b. The Defense Production Act
c. OSHA
d. Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (SAFETY ACT)
e. Foreign Sales Implications
f. Identification of participants for contracts acquisition planning / implementation / performance / execution
g. Special performance requirements (designated operational area)
h. Milestone for the acquisition cycle
i. Address the major milestone – outline - from approval of the acquisition plan through contract award
Phase 4 - Attending Pre-Award / Contract Conferences Evaluation and Bidding Process / Contracts by Negotiation – with the Prime and the Company
Pre-Award conferences
Dynamic Contracts Consultants will act as a liaison between the US Prime and Subcontractors (representing Company in negotiation)
Review / Brief about the US FED DOD Acquisition Process with the Company executives
Review / Analyze and Conduct Market Research with respect to the Prime perspective and the Company perspective
Prime perspective: Market research is conducted by the Prime to determine sources capable of satisfying the Agency’s (US DOD) legitimate needs are identified and tradeoffs evaluated to acquire items/services that meet those needs
Determine the Competitive range for pricing analysis
Review and analyze with Prime and Company as a liaison to analyze/ review:
a. Functions to be performed
b. Performance required
c. Essential physical characteristic
d. In defining government requirements for products and services, various US statutes and executive orders require considerations of sustainable acquisition
Discuss - Time and delivery of performance must be realistic and clearly stated
Contract delivery and performance must be expressed in specific terms and discussed with the Company and Prime
Past performance – plays a major role in contract evaluation and procurement - discuss
Discuss DPAS (The Defense Priorities and Allocation Systems) – with the Company – which authorizes required contracts in support of the national defense to be accepted and performed on a preferential or priority basis over all the contracts
Review / discuss with clients – Cost Accounting Standards (CAS) to comply / in compliance with US FED Govt contracts
Review / analyze/discuss with the Company / Client: with respect to Unique Requirements for US DOD contracts such as:
a. Acceptance
b. Termination
c. Warranties
Review / discuss and analyze the bidding process with the Company in compliance with US FED DOD contracts such as:
Key factor: Company price must be within the competitive range to be considered for evaluation.
a. Competitive bids
b. Invitation for bids
c. Publicizing for bids
d. Submission of bids
e. Evaluating the bids and
f. Awarding the bids
g. Cancellation of bids
h. Rejection of bids
i. Review / discuss and analyze – Two-Step Sealed Bidding process (if applicable)
j. Review / discuss and analyze Contract by Negotiation process with the Company in compliance with US FED DOD contracts such as:
Best Value
Trade offs
LPTA
Review / Analyze / discuss - Award Analysis
Evaluation factors and sub-factors
i. Price
ii. Quality of the product/service
iii. Past Performance
iv. Competitive proposals
v. Competitive range
Discuss / Analyze / Contract Pricing with respect to US DOD contracts:
a. Cost realism analysis
b. Pricing data analysis
c. Adequate Price competition analysis
d. Cost analysis
e. Price analysis
f. Field pricing assistance
g. Subcontracting Price considerations – analysis
h. Price Negotiation
i. Certificate of Current Cost or Pricing Data
Phase 5 - Post Award: Analysis / Debriefings / Unsolicited Proposals
Discuss / Analyze / Review and Brief Company Executives / Client
1. Debriefings
2. Unsolicited Proposals
Compliance with US FED GOVT DOD contracts
1. Labor Laws
2. FCPA – Federal Corrupt Practices Act
3. ITAR – International Tariff Arms Regulations
4. Contract Work Hours and Safety Standards
5. Labor Standards for Contracts involving Construction Industry Labor standards
6. Project labor Agreements
7. Walsh – Healey Public Contracts Act
8. Service Contracts Act
9. Environmental, Energy and Water Efficiency, Renewable Energy Technologies
10. Occupational Safety
11. Drug-Free workplace
12. Contractor compliance with Environmental Management Systems
13. Protection of Privacy Act
14. Freedom of Information Act
15. eSRS - Electronic Subcontracting Reporting System
16. CAAP – Counterfeit Avoidance Acceptance Program
17. Defense Production Act (DPA 2020)
18. And more
Foreign Acquisitions
1. BUY American Statute – Supplies
2. BUY American Statute – Construction materials
International Trade Agreements
Patents, Data and Copyrights
Bonds and Insurance
Service Contracts
Construction Contracts
Architect and Engineer Contracts
Cost Accounting Standards (CAS)
Protests, Disputes and Appeals
Pre-award
Post-award
Phase 6 – Compliance / Post Award until contract closeout / termination
Post award:
Contracts Administration
a. Audits
b. Review
c. Inspection and
d. Examination of Contractors and Subcontractors
e. By one agency or use of interagency agreements
Assist / advise Company / clients to coordinate efforts with:
1. CAO – Contract Administration office
2. Post-award conference/meetings with Prime
3. Negotiating with CACO – corporate administrative contracting officer
4. Indirect cost rates
5. Disallowance of costs
6. Bankruptcy
7. Production Surveillance and Reporting
8. Novation and Change of Name Agreements
9. Suspension of Work, Stop Work Orders and Government Delay of Work
10. Contractor Performance Information
11. Contract Modifications
12. Change Orders
13. Amendment and Modifications of Contracts
14. Subcontracting
i. Consent to Subcontracting
ii. Contractors Purchasing System Reviews (CPSR)
iii. Subcontracts for commercial items, components and services
15 US FED Government Property
16. Quality Assurance
Latent Defects
Patents Defect
Acceptance
Warranties
Contract Quality Requirements
US Fed Govt Contract Quality Assurance
Contractors Liability for Loss or Damage to Property of the US FED Govt
Transportation
Termination of contracts – coordinate efforts with
Terminating Contracting Officer (TCO)
Termination for Convenience – Fixed Price contracts
Termination for Convenience – Cost Reimbursement Contracts
Termination for Default