FINAL REPORT TO July 11, 1988 - United States Agency …pdf.usaid.gov/pdf_docs/pdaax907.pdfFINAL...

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CONTRACT NO. OTR-00000-C-00-7207-00

F AAR AND CNPP COURSES

FINAL REPORT

TO THE CONTRf\CTING OFFICER

July 11, 1988

Submitted By

MANAGEMENT CONCEPTS INCORPORATED

FINAL REPORT TO THE

CONTRACTING OFFICER

July 11, 1988

Management Concepts Incorpora~ed C:MCI) has now provided the United States Agency for International Development with cmTflculum development and student instruction for a second presentation each of the course materials entitled Federal and AID Acquisition Regulations (FAAR) and Contracting for Non-Procurement Personnel (CNPP). The progress of those courses h:is been described in reports to AID project personnel; those repo1rts are incorporated in this final report, of which they form an integral part.

Recommendations for adjustments in course coverage, specific materials to be presented and other aspects of these courses have been discussed in detaH by the Project Manager, PPE coordinating officials and the MCI instructor. Adjustments based on those c!iscussions have been incocporated into the Final Course Outlines for F AAR and CNPP, which ar~ also included as a part of this report.

MCI believes that course development is now complete for both FAAR and CNPP. Additional presentations of each course should be based on the materials already developed, with updlates for any actual changes in regulations. MCI further believes that bo1:h FAAR and CNPP are now highly effective educational tools that may be usied with success 1to train AID officers anywhere in the United States or abroad.

Schedules have been established for the teaching of these courses in the Washington, D.C., area during FY 89, as AID exercises various contract options. No schedule has yet been created for teaching in AID missions, which could be cost effectivP., reducing travel expenses and lost service time for larger missions or regicr.al contracting staffs. Recommendations in regard to screening of course entrants are being implemented by Training Division officials, and decisions concerning the reproduction of text materials net contemplated by the contract have bee:i made final for all affected courses. In all respect, FAAR and CNPP are ready for regular presentation to AID students.

~lanagement Concepts Incorporated

M.E..MQRANDUM

TO: Jean Stevens, Liz Cordaro

FROM: Pat Bleicher, Management Concepts, Inc.

DATE: June 7, · 7S8

RE: F AAR Course Final Revisions and Evaluation

MCI has now completed the revised version of AID'S course in Federal and AID Acquisition Regulations (FAAR), and the new method of instruction is an unqualified success. This memo reviews the second FAAR course presented March 28 - April 1 S, 1988 (F AAR II) and makes suggestions for future courses, based on experience gained this spring. Most important, this memo recommends and supports the adoption of a final version of course coverage as delineated in the "Complete FAAR Course Outline," which is attached. We are forwarding a c0py of this Outline to the Contracting Officer for incorporation into the MCI training contract. We believe this course can be presented at any location in the United States or ::ibroad, with equally successful results for AID participants.

John Steele served as PPE observer i11 FAAR II. I have not yet received a copy of John's memo on the course, and I do look forward to reading his comments, certainly weil in advance of any meeting which may be called to discuss the course.

The following are some review points of importance:

1. F AAR II was a truly successful learning experience; students left the classroom with a solid understanding of contracting obligations and limitations in AID work. The primary reason for the high level of success was the level of the participants: students came to the materials with open minds, intelligence and a desire to learn. The level of instruction was much higher than in F AAR I, in part because of good questions and complete parti=ipation.

A. TD did a great job of screen'ng entrants. Unlike F AAR I, there were no students without necessary language skills for this type of course work. One student did have language difficulties early in first week, but he overcame his problems with the help of an English-speaking student who typed her class notes for all the FSNs. (She was named Honor Student in part for this act of typical international development generosity.) All other non-native speakers of English had at least sufficient skills to grasp the materials or to ask for assistance where needed.

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1964 Gallows Road • Vienna, Virginia 22180 • (703) i90·9595

B. Many students were truly gifted intellectually. I congratulate the AID official who hired this group of IDis; they are extraordinary people of integrity, and they all have an eagerness to learn. Other class members were also gifted in a variety of ways. These folks made me work hard, but I have never enjoyed a class so much-a challenge is great fun.

One student did have some difficulty keeping up with course materials. With special encouragement tailored to his needs, however, even he managed to pass and to enjoy the 'earning process.

C. All students participated fully. Comparing this to FAAR I, conclude that interim reports by the instructor to the Project Manager should include review not only of students' success/ difficulties, but also any reduced levels of participation. Immediate remedial action wm help students in the long run.

D. The improved course design kept interest high and provided more complete coverage of needed materials. My scheduling now begins with basics, follows with a sequential exploration of the regulations, then concludes with the negotiation workshop. This holds student attention while it imparts a great deal more information than has been possible with F AAR previously. Design of the course respects student abilities and sends them back to the missions able to use the reg.::. Use of one student-generated project throughout the course (Liz Cordaro's suggestion} fostered a sense of continuity through complex legal and re~~ulatory materials. As predicted, this also gave students a sense of ownership of the work.

The negotiation workshop conducted in the final days of the course kept energy leve15 high and revealed again that there are differing gifts in all populations (some ~tudents were astonished to disrover that low-scorers on written work could have polished negotiating skills; this discovery alone is a valuable result of FAAR). The negotiation workshop (Jimm Corley's suggestion) also gave some students instruction ~n a subject for which they would otherwise have had only on-the-job training, perhaps unhappy OJT at that. I co-:tinue to hold that I could teach FAAR in two weeks plus a two-day seminar with experienced COs (and I note that student comments support that), but, with the third week, students have time to ask more questions and we have time to train negotiators. This is a good thing.

E. The pace of the course was effective. Though there must be two changes in the F AAR Outline based on experience in this area, the exciting work of the first week, difficult work of the second week and pleasurable work of the third week provided just the right rate for optimum learning. The only problem was an overcrowded first two days; this has been corrected in the final version of F AAR, an outline which is attached for your review.

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2. All evaluators rated the course very highly. Virtually all students grgded course elements very good or excellent (indeed, some students created new categories for superior excellence just for this course). In ac..!dition, the PPE monitor reported his opinion that F AAR III was an excellent course in all respects.

3. Some problems with text materials were minor. Several students complained about the reprints of regulatory materials (no student had problems with MCI-prepared text, exercises, etc.), and I conclude that those complaints about the printing were justified. First, MCI subcontracted printing of the FAR regulations, and those were delivered without Parts 9 and 10. To be fair, I must also report that when the oversight was reported, the missing pages were couriered to the classroom in a matt~~r of hours, and no student was disadvantaged by the oversight.

Second, there are serious legibility problems with the AIDAR, especially Appendices D and J. Careful investigation showed that the original AIDAR contains the poor reproduction-it seems that there are no clear copies. Obviously, this is a problem for classroom instruction, especially since PSC regulations are so vital to the F AAR course, but it must also be a problem for AID in other respects. This is not within MCI's control; is there something PPE can do about originals throughout the AIDAR, to make them easily readable when photocopied?

4. We find that difficulty still exists concerning AID confusion of Statements of Work and the Scope of Work section within a work statement. This is a problem which probably has historical origins. but it is manifest in the AIDAR regulations themselves. Moreover, students still point out that the first page of AIDAR uses the obsolete term "procurement regulations" or AIDPR. This is not within MCI's control; we can only w·ge that PPE review these matters.

5. Students in FAAR I discovered the possibility of using P.O. and C.O. evaluation for ms to assess contractor performance, and F AAR II students wondered why AID does not evaluate contractors at the close of contract administration and when any AID official leaves the mission, transferring contract responsibilities to another. We have no answer for such questions, though we refer students to the excellent forms used throughout other agencies (quite good ones are found at EPA). Several IDis from FAAR II had specific suggestions concerning poss~'Jle content of such evaluation forms, and we refer you to them for further discussions.

6. Two or three of the FSNs had difficulties with English-language wording of some exam questions, so we are re-writing these questions with them in mind. We will send you copies of the revised exam papers. For example, I was astonished to discover that we had to explain the term "fallout shelter", but students knew the term "bomb shelter", and a question with an unusual construction created an ambiguity. These minor language problems are easily corrected.

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More significantly, we recommend that non-native speakers should be sent a list of contracting vocabulary words in English prior to the start of the course. This would save some confusion and make FSNs feel more at ease early in the course.

7. Finally, we once again acknowledge, as we are sure you do even more frequently, that the FAAR training room has two serious problems. The design of the room makes communicating with every student at the same time impossible; it is truly vertical, which means an instructor can reach the folks in the front ru: the onec; in the back, not both. The microphone. which is essential to making speech heard at all, picks up noises from metal in the ceiling, and these whistles drive students to distraction. I know, I know you can't do anything about it either, but it is so bad for the educational process.

Beth has asked me to add a couple of extra points related to the MCI training contract and questions posed at the meetings you have both attended with Carolyn Eldridge. As you know, we provided students with copies of the CIB's at the two FAAR courses. This was not a contract requirement nor did MCI price in the cost of the CIB's in the original proposal. The cost of the CIB's as they stand right now, is $257 per course. If you wish us to continue to provide students in future courses with copies of the CIB's, please let Carolyn know so she can amend the contract to include the additional cost.

MCI's submission of the final v~rsion of the FAAR course outline enclosed herein establishes the course content. There is therefore no need to set dates for future modification, as requested in Carolyn's letter of May 16. From now on, per the contract, there is need only to make the "updates" for changes in regulations. To make this easier on everyone, we suggest a rule of thumb that would tie the submission of these materials to MCI to the schedult:d dates for the course. The deadline for AID provision of then current AIDAR and CIBs should be no later tf!at three weeks prior to the starting date of any FAAR course. As contemplated, MCI will be responsible for updating the FAR regulations in advance of each course, so that all texts will be current. This rule-of-thumb procedure will make contract administration more efficient. also.

Again, I thank you for sending me great students, and I look forward to teaching FAAR again. If you have any questions or comments, please contract me or Beth at 790-9595.

Attachments:

Copy of the Final F AAR Course Outline Copies of Student Evaluations

from the March 28 - April 15, 1988 FAAR course

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COMPLETE F AAR COURSE OUTLINE

WEEK ONE = DAY ONE

INTRODUCTION TO THE FAAR COURSE

Welcome and announcements by Project Manager Administrative matters; registration materials Presentation of FAAR Instructor

Introduction of Instructor and students Statement of course goals and methods Preview of course schedule, outline of student

obligations and method of evabation

Similarity, differences in acquisition and assistance Focus of the F AAR course on acquisition alone Introduction to expanded FA.AR text materials Establishment of students' FAAR notebooks Exercises to orient students in acquisition resources

EXERCISE: FINDING FAR-OUT FACTS AND AID ADDITIONS

PRINCIPLES BASIC TO EVERY CONTRACT

Sovereignty as an element of AID direct contracts Difference between contract and tort; contract damages Offer, acceptance, consideration {roles of AID. vendors) Good faith, legal purpose, capacity {AID warra.nt authority) Valld contract; breach or termination for default;

t:ermination for convenience; completion and closeout Invalid contract; ratification (requirements at AID) Types of consideration; performance as consideration Impossibility: impracticability; mistake Third party beneficiaries; third party claimants Roles of subcontractors and sureties Changes or modifications are contracts under law

EXERCISES: ORAL PRACTICE IN CONTRACT FORMATION

PRINCIPLES OF JJ.S. AND AID CONTRACTING

Constitution, laws. regulations, public policy, needs The Competition in Contracting Act and its goals Six methods of procurement under CICA; AID's extra two Different instruments used ..vith each method of procurement

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Acquisition phases and personnel involved at each phase The CO, the PO and others in the AID acquisition team Warrant authority, warrant sufficiency; technical direction Differences in policy documents, PIO/Ts, contracts, grants

and cooperative agreements and th•~ir use by AID officers EXERCISE: LIMITATION OF AUTHORITY

STEP ONE TO CONTRACT: DEFINING THE ESSENTIAL REQTJIHEMENT

Defining what AID needs, how to fund, what tools to use Role of the sow in PIO/T, solicitation, contract, change Nature of all specifications; actual minimum requirement Types of procurement to be used for differing needs Types of requirements: term, completion, term & completion Types of contracts (overview using chart of contract types) Types of specifications: design/process, performance,

functional, level-of-effort (compliance) EXERCISE: TO STUFF A MONKEY (PLAN TO ACQUIRE)

STEP TWO TO CONTRACT: ARTICULATING WHAT THE CONTRACTOR MUST DO

Basic content and format for statements of work Important role of language in expressing the requirement The commands at the heart of the document; what is mandatory Things to avoid: illegal personal se:vices, FAA prohibitions

HOMEWORK: INFORMATION PLEASE (WRITE SOW)

REVIEW OF DAY'S PRESENTATION & DISCUSSION OF HOMEWORK ASSIGNMENT

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WEEK ONE = DAY TWO

STUDENT PRESENTATION OF PROJECT COMPLETED FOR HOMEWORK

Discussion of procurement planning demonstrated Discussion of statement of work writing completed Discussion of using project throughout fAAR course

SPECIALIZED STEPS: STRUCTURING THE PROCUREMENT

Special techniques that may be rec;uired for subject matter Phases, milestones, projects, geographical locations, tasks Specialized vocabulary needs or organiz:a tional tools Research and development; supplies; services; construction

HOMEWORK: ELL\1INATE THE BLOTCH (COMPLIE:TE PROJECT)

STEP THREE TO CONTRACT: DESCRIBING THE EVALUATION OF OFFERS

Basic functions of evaluation criteria in procurement Legal requirement of notice to offerors; Format M.1 Relationship of evaluation criteria to statement of work Types of criteria: go/no go and variablEi {scorable) Weighting by points, percent, d·~scending order of importance The relative importance of price; Format M.2

EXERCISE: INFORMATION PLEASE (WRITE M. l, M.2)

STEP FOUR TO CONTRACT: SOURCE SELEC'rION AND AWARD

Responsiveness and responsibility considerations Evaluation of technical proposal: scores and status Evaluation of business proposal: technical analysis

and cost and price analysis Source selection and notice of award

EXERCISE: EVALUATING THE EVALUATION


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WEEK ONE .=. DA 1[ ·rHREE

STUDENT PRESENTATION OF PROJECT COMPLETED FOR HOMEWORK

Review of contracting basics, impottance of team effort Articulating the ways in which a project may be improved Analysis of contract language, mandatory provisions Review of four steps to contract, workinft as a team, class project

EXERCISE: BASICS OF CONTRACTING FOR THE GOVERNMENT

WORKING AS A TEAM TO MEET NEEDS ANC pBEY THE LAW

Importance of team effort in first three steps Participation by contracting staff from first of project Distinguishing formal acquisition planning for staff Reviewing statements of work written by project personnel Checking adequacy of M. l and M.2 written by others Points for focus and loopholes to avoid •~arly in procurE~ment

HOMEWORK: ANYWHERE USA (CRITIQUE ANOTHER'S WORK)

I~TEGRATION OF TEAM EFFORTS INTO AID ~~ONTRACT DOCUMENTS

Project personnel efforts to develop PIO/T materials Imp')rtance of coordination by contracting staff Ability to integrate project definitions into document Reviewing the content of a PIO/T: elements, forms Issuance of all contract documents by warrant authority

CASE STUDY: PROJECT PAPER TO PIO/T TO CONTRACT

CONTRACTING STAFF OVERSIGHT OF LEGAL, REGULATORY COMPLIANCE

Importance of constitutional, statutory and regulatory compliance in all AID contracting matters

Special obligations of contracting staff to AID policy Support function as resource for information and advice Mastery of all relevant materials is essential to AID Ability to lc,cate necessary provisions with speed and

accuracy vital in day-to-day operations EXERCISE: UPDATING THE GIB'S AND CIB INDEX

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USING RESEARCH TOOLS: FAR, AIDAR. CIB'S

Familiarity with frequently-used provisions helpful Before sequential examination in depth, FAR and AIDAR

must be mastered as research tools Personalized assistance in using FAR, AIDAR, CIBs Practice in locating materials with speed and accuracy

EXERCISES: "SWORD DRILL" IN FAR, AIDAR, crns


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WEEK ONE = DAY FOUR

QUIZ # l: CONTRACTihG BASICS AND RESEARCH TOOLS Exchange papers, discuss answers as they are graded, ~~ & A

SEQUENTIAL PRESENTATION OF REGULATORY MATERIALS

INTRODUCTION. TO THE REGULATORY SYSTEMS UNDER WHICli[ AID OPERATES

Preparation for sequential study of FAR and AIDAR regulations Directions for overnight examination of €!thical considerations

HOMEWORK: PREPARE TO INSTFtUCT THE INSTHUCTOR

AID'S SYSTEM OF REGULATION

... FAR l, 2; AIDAR 701, 702; CIB 84-24 Regulatory structure and relationships Statutes of special importance Croreign Assistance Act, Fly

American Act, Anti-Deficiency Act, Gray Amendment, etc.) Authority and personnel; AID-Washington and mission officers

STANDARDS OF CONDUCT; ETHICAL CONSIDERATIONS

••"FAR 3; AIDAR 703 Personal conflicts of interest; organizational conflicts Gratuities; favors; official interests; financial interests Antitrust violations; contingent fees; kickbacks; buying·-in Other improper business practices; host <:ountry concerns Government employees and special government employees Criminal code issues: False Claims Act, F'alse Statements Act,

reporting of possible violations of criminal law EXERCISE: CAN YOU BUY ME LUNCH?

ADMINISTRATION OF CONTRACTS; PUBLICATION RULES

••"FAR 4, 5; AIDAR 704, 705 Contract administration as third phase of procurement Recordkeeping and records retention Regulations on publicizing proposed contract actions Writing the synopsis of solicitation and 1:>f award

EXERCISE: INFORMATION PLEASE (WRITE SYNOPSIS)

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STANDARDS SET BY THE COMPETITION IN CONTRACTING ACJ:

••"FAR 6; AIDAR 7-6 Full and Open Competition Full and Open Competition After Exclusion of Sources

(SBA. 8(a), LSA programs and set-asl.des) Other Than Full and Open Competition

Seven reasons that justify sole sourc~ing AID's special eighth justification

Competition advocacy at AID

ACQUISITION PLANNING

... FAR 7 Review of planning previously covered: application of

informal planning skills tc wr:tten a1:quisition plan:s Improvement of internal AID management and scheduling based

on development or procurement planning

MANDATORY AND NONMANDATORY FEDERAL ~)OURC~S

.. 'FAR 8; AIDAR 708 Policy and sequence to be followed in det;ermining source Factors to be considered in determining source to be use

EXERCISE: THE SECRETARY WILL DISAVOW ...

CONTRACTOR QUALIFICATIONS; CONTRACTOR INELIGIBILITY

••"FAR 9; AIDAR 709 Review of responsibility determinations previously covered Satisfactory performance record considerations at AID

HOMEWORK: F1EPARE TO INSTRUCT THE INSTN:UCTOR


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WEEK ONE ::. DA'[ FIVE

SPECIFICATIONS, S'f'AW)ARDS AND PURCHASE ,DESCRIPTIONS

•• 1 FAR 10, l l, 12

Review of needs definition material previo1usly covered Emphasis on role or the PIO/T and PIO/C :In definition

CONTRACTING METHODS USED IN AID PROCURIEME::T

••·AID Handbook 1. Su~plement B Comparison of adv:intagi'?s/disadvantages of different methods Considerations to address in choosing a ct>ntracting method

HO~fEWORK: SEALED BIDDING AXD COMPETITIVE PROPOSALS

SMALL PURCHASES

"""FAR 13; AIDAR 713 General considerations in procurements under S25,000 Blanket purchase agreements; Imprest tund: purchase orders;

request for quotations; other small purchase procedur~s Special concerns in light of the Gray Amendment

EXERCISE: INSTRUCT THE HNSTRUCT0R (Presentation)

REVIEW OF WEEK'S MATERIALS & DISCUSSION PRIOR TO EXAMINATION

WEEK ONE EXAMINATION

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WEEK TWO = Qn.Y ONE

RETURN OF GRADED EXAM PAPERS AND D:ISCUSSION OF ANSWERS

Discussion or all procurement methods, their distinctions and special uses in AID direct contracting

Discusslon and Q & A in any area or student concern

SEALED BIDS

.. "FAR 14; AJDAR 7 l·l Brief overview since used less frequently in AID operatfons Four questions that can make sealed bidding mandatory Characteristics of more formal process; procedural rigidity Processing of bids; mistakes in bids; reJe<!tion of singl~

bid: rejection of all bids; price-based award Two-step sealed bldding as compared to competitive proposals

POMPETITIVE PROPOSALS

... FAR 15; AIDAR 715; CIBs 81-25, 84-27, 84-28, 87-10 Comprehensive examination due to import:ance in AID operations Review of all materials on proposals previously covered Special factors in evaluation planning and sourc"? select:ion:

adaptability to overseas conditions, transportation issues, functioning of AID evaluation committees, the need to protect against leaks and host country issues

Alternative source selection procedures under Title XH Special concerns regarding unsolicited prc•posals Update concerning establishment or the ciompetitive rani~e Special concerr.s in negotiating for provis:ion of services

TYPES OF CONTRACTS

•••FAR 16; AIDAR 716; AID Handbook l, Supplement B Considerations to address in choosing a c:ontract type Impact of specifications and statement of work on type Dynamic of risk allocation and market analysis

EXERCISE: USING THE CONTRACT TYPES CHART

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FIXED-PRICE CONTRACTS

Flrm Fixed Price Fixed Price with Economic Price Adjustment (escalator) Flxed Price Incentive Fixed Price Redeterminable (prospective; re!troactive)

COST-REIMBURSEMENT CONTRACTS

Cost Cost Shar!ng Cost Plus Incentive Fee Cost Plus Award Fee Cost Plus Fixed Fee

INDEFINITE-DELIVERY CONTRACTS

Indefinite Delivery (definite qu:tntity) Indefinite Quantity Requirements

PER-HOUR CONTRACTS

Time and Materials Labor Hour

LETTER CONTRACTS

Danger of litigation if work begun before terms made det~inite

Temptation to issue letters near end of fl:scal year

SPECIAL CONTRACTING METHODS

•••FAR 17; AIDAR 717 Fiscal-year, multi-year and no-year funding arrangements Use of options in AID contracting

REVIEW OF DAY'S PRESENTATION & DISCUSSION OF HOMEWOJRK ASSIGNMENT

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WEEK TWO .::. IM.:~ TWO

SOCIO-ECONOMIC POLICIES IN AID CONTRACTING

•••FAR 19,20,22,23,24,25; AIDAR 719, 722, 724 Exclusion of sources programs: SBA, 8(a), LSA Other statutory requirements that apply to AID contracts

EXERCISE: RIGHT THINKERS AND YOUR SIIDE

APPLICATION OF SPECIALIZED POLICIES IN AJO CONTRACTING

11 "CIBs 84-24, 87-14, 87-16; AIDAR 725 Special considerations under the Gray Amiendment Subcontracting policy and practice at AID AID policy, personnel duty assignments and special

screening techniques AID labor considerations regarding third country nationals AID obligations concerning Equal Employment Opportunity AID purchases under the Trade Agreement: Act

PATENTS, COPYRIGHTS AND TECHNICAL DATA PROTECTION

••"FAR 27 Words and definitions; Constitution: proprietary data laws Importance of obtaining everything for which AID has

paid: raw data. samples, negatives, Eitc. Bargaining with patent and copyright ass1~ts Importance of patent-copyright clearance for closeout Protection of proprietary data in subsequ1ent contracting

BONDS AND INSURANC~ TAXES

•••FAR 28, 29; AIDAR 728 Payment bonds; advance payment bonds Performance bonds; bid bonds Roles of sureties and contract status; insurance clauses

HOMEWORK: PREPARE FOR COST ACCOUNTING

QUIZ #2: ORAL QUESTIONS AND CLASS DISCUSSION


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WEEK TWO = DAY THREE

COST ACCOUNTING STANDARDS, PRINCIPLES AND PROCEDURE§

···FAR 30. 31: AIDAR 731 Resµonsibility for determining fair market prke is CO's

Importance of careful examination of all billing Analysis of the contractor invoice:

Are costs actually incurred (estimates not permitted) Are costs aliowable (under Parts 31 :and 731) Are costs allocable (chargeable to this contract) Are costs reasonable (to a "prudent person") Are costs part of the terms of this contract

EXERCISE: WILL YOU ALLOW AS HOW ...

Price analysis: policy; legislative requirements Special issues in compensation for personal services Methods of price analysis

CONTRACT FINANCING

•""FAR 32; AIDAR 732 Lump-sum payments; partial payments Progress payments; advance payments; letters of credit Loan guarantees as a form of contractor assistance Assignment of claims: the role of third pairty beneficiaries

DISPUTES, PROTESTS AND APPEALS

••"FAR 33; AIDAR 733 Disputes resolution process from contractor claim:

Contracting Officer decision Choice of:

Armed Services Board of Contrac:t Appeals Claims Court

Court of Appeals for the Federal Circuit [United States Supreme Court]

Protests review process from losing offeror complaint: Controller General {General Accounting Office) Preaward: Claims Court ADP case: GSA Board of Contract Appeals

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Issues and appeals process for non-contract cases: (FLSA, EEOC, BAA, FAA, etc.) District Court (depending on statutEt) Court of Appeals for (numbered! Circuit [United States Supreme Court!

Review general rules of contract interprntation; Rule of intent of the parties Rule of reason Rule of the marketplace (or prior course of dealing) Rule of notice (and contractor's dut.y to inquire) Rule of the entireties Rule of principal apparent purpose RulE: of contra proferentem

Modifications are contracts and are interpreted as such

Contracting staff obligations in connection with lawsuits Rule Four file preparation and submission Litigation concerns that frequently concern contracting staff Necessity of keeping all papers current and complete

so that if they become evidence they are helpful Importance of documenting all contract activity for

refreshing memory if called upon to testify

MAJOR SYSTEM ACQUISITION

·""FAR 34; AIDAR 734 With high-dollar volume or great technical complexity, the

importancP- of building into contrac1cs the right to quit Revi~w of using major system principles in other procurements

HOMEWORK: PREPARE FOR RESEARCH & DEVELOPMENT PROJECT


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WEE}\ TWO .:. DAY FOUR

QUIZ #3 WRITTEN DISCUSSION QUESTION

RESEARCH AND DEVELOPMENT CONTRACTING

•••FAR 35 Review of requirements structuring previously covered Stages for concept, demonstration, development are useful Importance of using Notice to Proceed where AID needs the

flexibility to end the project without paying settlement costs on a termination for convenience

EXERCISE: REVIEW CLASS PROJECT (BLOTCH) AND HOMEWORK)

CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTING

••'FAR 36; AID AR 736 Specifications for construction. language :and terms required Special methods of contracting for A & E design; limitations AID's A & E evaluation board functions

CONTRACTING FOR SERVICES

•·"FAR 37; AIDAR 737; CIBs 81-25, 83-8, 84-27, 84-28, 86-16, 87-10, 87-19; OMB Circular A-120 {1/88)

Importance of monitoring provisions in services contracting Special concerns of personal services contracting

Considerations in contracting for consultants and advisors Organizational conflicts of interest with consultants

PERSONAL SERVICES CONTRACTING

• • • AIDAR Appendix D and Appendix J Special nature of AID authority to contract for personal services In-depth discussion of PSC difficulties in mission work

EXERCISE: LET'S SEE THAT PSC!

REVIEW OF DA Y'S PRESENTATION & DISCUSSION OF HOMEWORK ASSIGNMENT

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WEEK TWO - DAX FIVE

INTRODUCTION TO CONTRACT ADMINISTRATION

11 'FAR 42; AIDAR 742, APPENDIX A Contract award begins the fir.11 phase of procurement Preparation for efficient administration should begin at once Distinction between ordinary functions and problem-solving Importance of teamwork in monitoring and evaluating

con tractor performance under the con tract Authority and responsibility of the CO and COTR Distinction between contract action and t1~chnical directi.on

PRELIMINARY CONTRACT ADMINISTRATION DUri iES

Assessing the impact of contract type on administration Establishing a contract administration file Work planning, scheduling and measuring of performance Technical surveillance plan; timely reporting Calendar and timetable for duties AID employees must perform Correspondence for notification of all affected personnel RcviEw of all supplies/services to be provided and dates for

delivery of each; sequential arrangement of monitors Acceptance procedures outlined for AID personnel

ORDINARY CONTRACT ADMINISTRATION

Fundamental duties of AID and of the contractor: duty to cooperate and duty to proceed with the work

Inspecting, monitoring and accepting contractor performance Progress reporting; enforcement of contract terms Monitoring key personnel assignments or changes Monitoring for subcontractor compliance with contract terms Monitoring for compliance with statutory requirements Monitoring for safety compliance; hazards protection

Government property responsibilities: contr.Jl of AID property; contractor liability; proper administration of inventorying, reporting; final accounting

Payments and financial administration; Prompt Payment Act Analysis of all invoices; monitoring of subcontract costs

EXERCISE: PREPARATION FOR CHANGES

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AREAS OF CONCERN IN ORDINARY CONTRACT ADMINISTRATION

•""FAR 44, 45, 46, 47, 48 Subcontracting policies and procedures Government property provided to contractors; the Federal

Property and Administrative Services Act Quality assurance provisions; delivery and acceptance Finality of acceptance; exceptions for fraud, gross

mistakes, warranties, latent defects Transportation and transportation in supply contracts:

special AID concerns and obligations Value engineering proposals

REVIEW OF WEEK'S MATERIALS & DISCUSSION PRIOR TO EXAMINATION

WEEK TWO EXAMINATION

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WEEK THREE = DAY ONE

RETURN OF GRADED EXAM PAPERS AND DISCUSSION OF ANSWERS

Discussion of contract types, contract administration Discussion and Q & A in any area of student concern

EXTRAORDINARY CONTRACT ADMINISTRATION ACTIONS

" .. FAR 49, 50; AIDAR 749, 750 Contract changes negotiated and priced by the Contracting

Officer and the contractor Contract change orders issued unilaterally by the CO Correction of deficiencies as contract changes Standard for the pricing of changes; buying-in Sources for changes and causes of disagreements

HOMEWORK: ALL CLAUSES RELATED TO CHANGES

Constructive changes and equitable adjustments Sources of changes: acceleration, differing site

conditions, mistakes, differing interpretations of contract terms and conditions

Four-part checklist to avoid constructive changes: Change - beyond the original scope of work Ordered - usually by project personnel CO knew or should have known - work was outside scope Payment request - work is compensated

EXERCISE: WHAT'S WRONG WITH THIS PICTURE?

Contractor deficiencies and remedies shcirt of termination Rejection; reduction in price; opportunity to correct (cure)

Termination for convenience of the government Determination and findings; notice with great specificity Duty to proceed with unterminated portion Duty to settle terminated portion; pricing concerns Settlement Review Board possibility

Termination for default by contractor Failure to live up to terms and conditions of contract or failure to make progress

Anticipatory breach situations Cure notice; show-cause notice; notice of default termination Effect of default termination: excess reprocurement costs;

possible poor evaluations; common- law da,.,. -iges

-17-

Possible conversion to termination for convenience: failure to excuse delay not due to ccmtractor fault, uncompensated acceleration, etc.

Special problems ln terminations of fixed-price contracts Terminations of cost-reimbursement contrmcts Withholding of payments clauses Special powers to adjust contracts, protec1~ against risk

HOMEWORK: PREPARE FOR CONTRACT CLOSEOUT

QUIZ #4: ORAL TEST OF RESEARCH TOOLS AND SKILLS MASTERY


-18-

WEEK THREE .= DAY TWO

COMPLETION AND CONTRACT CLOSEOUT

Closeout review and responsibilities Exceptions to full an<! final releases Final payment and storage/retention of documents Importance of closeout review In planning administration

EXERCISE: UPDATING FAR AND AIDAR

SPECIAL PROBLEMS IN AID CONTRACTING

Discussion of any areas of concern to students, possibly including these topics:

PROBLEMS WITH THE PIO/C

C0mmodities defined and directed in AID policy documents

SOURCE/ORIGIN/NATIONALITY

Issues which arise in a variety of contexts, statutory areas

DBA INSURANCE

Special concerns of companies doing business with AID.

MEMORANDA OF NEGOTIATIONS

Documentation essential to proposal evaluation integrity

PREPARATION. FOR NEGOTIATION WORKSHOP

Special group exercises in representing AID in negotiations will require late afternoon class time for the communicating of instructions, homework overnight and at least the full Day Three for execution. It should be noted, however, that scheduling for exercises of this type must remain flexible to fit the needs and numbers of participants.

REVIEW OF DAY'S PRESENTATION & DISCUSSION OF NEGOTIATION ASSIGNMENT

-19-

WEEK THREE~ DAY THRE

ART AND TECHNIQUi:S OF NEGOTIATION IN AID CONTRACTING

In these specially-prepared exercises, students will have the opportunity to represent in turn:

--the AID Contracting Officer and staff --the AID Project Officer and staff --the Contractor and staff - -the host government and public of'ficials --the taxpayers (observers)

Each group participating will be given the points they are to represent, not knowing the points shown to other participant groups. One gro1up in each case will be observers who provide the critique of group actions and suggestions for improvement. All rules and procedures will be negotiated by participants.

REVIEW OF NEGOTIATIONS BY PARTICIPANTS, OBSERVERS AND INSTRUCTOR

-20-

WEEK THREE = DAY FOUR

COMPLETION OF NEGOTIATION WORKSHOP AND REVIEW OF !~EGOTIATIONS

REVIEW OF COMPLETE COURSE MATERIALS PRIOR TO THE EXAMINATION

WEEK THREE EXAMINATION

WEEK THREE .::. DAY FIVE

RETURN OF GRADED FINAL FAAR EXAM PAP!rns AND DISCUSSION OF ANSWERS

PRESENTATION OF AWARDS TO HONOR STUDgNTS; SOCIAL GATHERING

-21-

Management Concepts Incorporated

Coul"Se: ~eral and AID Acquisition Resnlations

0,~1 March 28-April 15. 1988

lnstructon Pa t_.;;;B;.;;;l:.;;e:.;;i;:..;c:;.;h;.;.e=r---~----------

Loc.tion: Washington, D.C.

COURSE EVALUATIC>H FORM

HAM£ lOptionall

ORCiAHlZAT10H

M•narement Concepts Is committed to lmprovinr Its ln.stl"\.lctlon.al p~ms. We ult you to a.s:si:rt u.s In our eCfort by completl"i this evaluation Corm. Please check the column that be:lt ducrlbc.s y01J.r feellnp about the areas beif'lli eveluated.

I. COURSE MATERIALS:

Olit•niution and Clarity

U:sefulnes.s

~- INSTRUCTOR:

KnowleQ;e oC Material

Pre:s.entation and Delivery

l. OVERALL EVALUATION 0( COURSE:

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~9 ~,--,--1 I I I I I I I ,--1--1--,--,--, 1~1_2_1 __ 1 __ 1 __ 1

r:-::-r-1--1 1~1_s_, __ 1 __ 1 __ 1

4.. Do you h.ave any commenu or run;estions about the course materials!

5. Do you have any c:omment.s about the instructor?

6... Do you h.ave any comment.s about the training facility!

7. What other courses would~ beneficial to you and to youl' Or(llftiuttlon!

II. Please provide m witl'I any additional comments or recommendations.


Course:

Date:

Federal and Aid Acquisition Regulations

March ?8 - Apri 1 1 5, 1988

IJutructor: _....!PO...:!a~t::..__B~l::.::::.e.::.i.::::CJ.!h.::::e.1:.r ___________ _

Location: Washington. D.C.

HAM E (Optional)

ORGMHZ.r\TIO~

COURSE EVALUATION FORM

-~-· _<-'_V"V'.. __ '\--\....;......; __ c_. -i.;.\ \ o ~ \ ..\<;' e_-.:;·\·e 9

USA\D Manatement Concepts Is committed to Improving Its Instruction.al programs. We ask you to assi:SC ut In our erfort by

completini this evaluation Corm. Please check the column that bat describes your feelings about the areu t>«ini evaluated.

,SI I I I t; I I -::-1 ~ I a I I e I I

I :;:g, lJ I § I I <.i I I I .\J I ::: I :... I Q I $ I 0: I

I • ~ I tf I "' I Ji> I ;:: I 8 I l. COURSE ~tATERIALS! l.J.J//Jt~/(11~1"" I

Or&ani:.alion and Clarity

Usefulness

2. INSTRUCTOR:

Presentation and Delivery

' r-r::;-r-1 I I I I Al I I I ,_ -,--,--,--,--,--, 1~1 __ 1 __ 1 __ 1 __ 1

\ v-r7r-r--r- I I ,....._ I l\. I I I I I

........... ,--,--,--,--,--, '. 1-.. 1~1 __ 1 __ 1 __ 1 __ 1 - - -

3. OVERALi. EVALUATION OF COURSE~-;-r-r-r--.- l l A I I I I I I ,,... -----------

"· Do you have any comments or SUi:iestions about the course materials?

'-rh~ +A:? Qod. M DAR hco\::.s u..R..re,. vrts<;\N) '?o..c.\=s <¢CA

~'e o1, o lih.:

1 _of n iprridt r: ·\ \e:n co·\ cl he. I r=n(\'rove d. ~e.,

C. a.:s ~ s a ' 1 i z c e S . Q\.;±'5 ne s e \ c . v.. )Q re :M ~ c 'c> 0-0.d e 'l..tC~. roe\"\ ""Se.\u \. . r J

5. Do you have any comments about the instructor?

t t'nnk k,\ \ sm\ .\. be Ce L;tbJ- i :s

.a.._ tu r. <:p' csoo , O a A 5b0t t le d \! "S

4.>h\Ch .V.X)\)\d <b\\ de \.J.,_1el\ =\o w~ ::c..

n\ \. o.. \eve\ o~ r nt-e9ri~ ernD\a.\-e Co one -)ohs ~c\..

~s Ve.r~ \ YV\cpc-e.. -s-se-d-6. Do you have any comments about the training Cacility!

'--the o.c.o,s:;;-\-\c s o£ ~be rcnrn u 1e Ce

~>'~~ ~eJ~:Ak\V,, .a ~~~o~~d UJe1e \Jt.:f\..\ ~d-

1. What other courses would bi! beneficial to you and to your Ol'ianiz.ation?

~oo c. A m r c:. CC(pho "e... v;,o ce iprob\~s

ro:2CY) a. c co 9e Y"f"\e. n .\

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Cce.<lt'ro.c.\.r no \o,,V:J . ne 5o-\-\o.A \o ..-.... -tec--bo\Qt t Je.s e~c . I . I

8. Please provide us will\ any additional comments or reeommendatJ,.on.s. • -t<O""' \

-r \ eo-< oe a Q- s:ireQ4 ~ e.a. \ft ·a.no -'<r c> \'i e 'ti'" c.


Course:

011te:

Federal and Aid Acq11j sitj op Regulations

March ?8 - April 15 1988

Instructor: --'P'-'a=t.....:;::;B.::1-=e-=i"-"c'-'-h'-"e""'r...._ ___________ _

Loc11tion: Washington. D.C.


NAME (Optional)

ORGANIZATlON

Management Concept.:s i.:s committed to Improving Its Instruction.st programs. W~ ask you to 11s.sist u.:s In our eiiort by

completi!li' this ev11luation Corm. Please check the column that be.st de.:scrlbe.:s your Ceellng:s 11bout the areas being evaluated,

I I I/~/ I !,.. 1 8 1 1 /J 1 I IC; lg! !,"'<:I I I::/ I I It:; lt>t I

l. COURSE MATERIALS: tlJ I ~1§ //:: 18 I 11:1~1u1~1~ I

Organization and Clarity

Use!1Jlness

i7"r-r-:--n 1-v-1--,--,--,--, 1 __ 1 __ , __ 1 __ 1 __ ,

2. INSTRUCTOR:

Knowledge or Material


r---;-r-i-r- I I .J A I I I I 1----r-1--,--,--,--, 1_'{__1 __ 1 __ 1 __ 1 __ 1

3. OVERALL EVALUATlON OP COURSE: r-7r-r--r-1_1.r_1 __ 1 __ 1 __ 1 __ 1

4. Do you have any comments or Sl.lg"g"estioM about the course material$?

5.

6.

(j/st CCt.V·f&O. s;cre J.'o;qlr:j' tfz'D vx'Nce I\1e,..._kug fu fa.L noi;s1 $li1ce_ aoi at( 1f\th u.112.s qve n CU a l1cnAdf]i,{f, ...J.. 1t, infc. Thai Mqk.e \

:Bx: .ht;?if?£ f Pkr o i?j, '-'

Do you have any comments about the training facility?

ra:/;ea t~;; 1dt _nrumw b,f

T. Wlui~ other eour:s:e.s would be beneficial to you and to your ortraniuttlon?

leas! 03

••


Course:

Date:

Federal and Aid Acqu1 si ti on Begnl at ions

March 28 - April 15 1988

Instructor: --...:P...:a:::..=.t~B~l:.::e:..::i.,.,c,,_,h~e=-r::___ ___________ _



NAME (Optional)

ORGANIZATION

Management Concepts is committed to Improving Its Instructional programs. We uk you to assist us In our efCort by completing this evaluation form. Please check the column that best describes your feelings about the areas be!ng evaluated.

I I I I ~ I I /,._ /.:::;/ /~/ I /~1§1 l!-fl I l::J I>-- IQ t/:i /,.,I t/J I a.:/~//:: lg I

1. COURSE MATERIALS: /IJ!t ~I Ci /;:f lo.; I 1-V'r-r--1--1-,


Usefulness

1111 I I I I I 1--1--1--1--1 1 __ 1 __ 1 __ 1 __ , __ 1

2. INSTRUCTOR: :SJ(' £(2..f::, _ _:::::;:::::::;; r-f r--r--.-....--

Know!edsge of Material


1 I I I I I 1---r-1--1--,--,--1 1 __ v_1 __ 1 __ 1 __ 1 __ 1

3. OVERALL EVALUATION OF COURSE: r ./--r--r--.---.---1 __ 1 __ 1 __ , __ , __ 1

4. Do you have any comments or suggestions about the course materials?

s.

6. Do you have any comn;,ients about the training Cacility?

~

~~~~~~~~~~~~~~~~~<::!!:::f-11--.11-~)~ m ;l._0-~3 s~~ fr .Lf , /~LV-0:.&...1~~~

1. What other courses would be benencial to you and to your ;::ganization? +~ ~ ~ &v..0 RR fL~ ~ .. =-1 ~:, (loa-rr-.. ~t~~~t... af,~.< )') C r? 5±-r ,/u 'u a,.._e~ '


Course1

Date1

Federal and Aj d Acq1d sit ion Regulations

March ?8 - April 15. 1988

Instructor: __ P::..a=t~B~l:..::e:..:1:::.:c""'h..,_e::::..::.r ____________ _

Location; Washington. D.C.


NAME (Optional)

OROANIZATION

Management Concepts ls committed to Improving \tl Instructional prowrams. We ask you to assist us In our effort by completing this evaluation Corm. Pleue ei\eck the column that best describes your Ceellngs about the arees being evaluated.


Organiulion and Clarity

Usefulness

2. INSTRUCTOR: r-vf-r-r- I Knowled15e oC Material :~--:--:--:--:

1_~..i. __ 1 __ 1 __ 1 __ 1 Presentation and Delivery

l. OVERALi.. EVALUATION Of COURSE: ~r-.-r-1 __ v_:, __ i __ 1 __ 1 __ 1

<I. Do you have any comments or SUfiestions about the course materials?

fh-~~<;.,{l, a,.d~~~ ~. ~-bi, ~ ~"'« cf:f4eual ~;4, tk bta4 . .Jn ~ AxtYf, Wv-rt?/4 ~ ~ tvdl ,~, #.. .~ ~ d.!~ ~ ~~.

S. Do you have any comments about the instructor?

6. Do you have any comments about the training facility?

~ ~~Q;z t::;:±:r-1. What other eourse11 would be beneficial to you and to your organization?

~ ~t"4.t4, ~ ~· kMk ... <:f ??t:pl·

I. Please provide us with any additional comments or reeommendattoru.

~ p.J.. I~~~-· 44. A4 ~~


Course: Federal and Aid Ac qui siti qn Regpl a tions

Oate: March 28 - Apri 1 I 5 l 988

lnstruetor: __ _::.P~a~t:::.-B=-=l~e~i~c~h:.:.:e~r----------~--------------~

Loc:lltion: Washington. D.C.


NAME (Optional)

ORCANIZATION

-, { ~. \ .

Management Coneeptl" Is committed to Improving' Its ln.rtruetion.al pl'Olframs. We ask you to assist us In our erfort by

C"Ompletilli this ualuation Corm. Please cheek the column that best describes your feelings about the areas being evaluated.

I I I I ~ I I /,._/0,/ 1e1 I ltil§I /~/I l:Jl,,.,lr:i le.ii~ I

I. COURSE MATERIALS: II:/ I °"'8It:18 I IC I !:!1 u lil I"" I

Organi:z:.ation and Clarity

userutness

ry--r-r--1 I I /' I I I I I ,--i--,--,--,--, 1L1 __ 1 __ , __ , __ ,

2. INSTRUCTOR:

Knowledge of :'>tatei"i!.l


r::-;-r-r-r- I I)<' I I I I I ,--1--,--,--,--, 1~1 __ 1 __ 1 __ 1 __ 1

3. OVERALL EVALUATION OF COURSE: rvr-r-r-1 __ A1 __ , __ 1 __ , __ 1

4. Do you have any comments or .SUitfestions about the course materials?

\.A .... J:._\\ ::::·r::»-..<·· •. -i....-~d. . ~ vJ'.-... _._:&, \zz ·.f..1:.\~ -\J '\}1.0"·J'&->-

s. Do you have any comm!!nt.s about the in.structor?

~-cs-\ _,\.-_;_ .c.J ==. _; '~ .:.•.r\:; '- t'- Y.r.,~ 0 CL)\ .... ~_:3.J. t.._ ~ ~

&. Do you have any comments about tile l:raininr facility?

'i0:~«'i\. r-5\ "~Til;c_~li"c\ \.DL\\ ~-r \,J-(.\,_\V\'"\Ci N..a._t.....d

T. What other courses would be beneficial to you and to your organization?

1. Pleue provide us with any additional comments or recommend11t1ons.


Course:

Date:

Federal and Aj d Ac qui sit ion Regulations


Instructor: ~--.P-a.t ....... B~l~e~i-·_c_h_e~r:-...----~------------------Location: Washington. D.C.


NAM£ (OptioMll

:.::? / :fi ?' /V;; .;) /c/

ORGANlZATlON 7

Management Conc:epts is c:ommitted to Improving Its instruc:tion.al pregrams. We ask you to assist us In our eCrort by

completing tl'lis evaluation Corm. Please check the c:olumn that best desc:rlbes your Ceelings about the areas being evaluated.

I, COURSE MATERIALS:

OrganiU!ltion and Clarity

Usefulness

'2. IHSTRUCTOR:

Knowle~e of Material


3. OVERALL EVALUATION OF COURSE:

I I I I t; I I /,._lg! lf11 I /~lg//~/ I l:::t l:..lt;) /.,, /i:,: I lt:f I ""'8/t:18 I It! I~/<; /~I' I l.\('r-r-1--11 I I I I I I ,--,--1--,--,--, 1_.::::_1 __ 1. __ 1 __ 1 __ 1

lv-X r-T-.-- I I I I I I I ,-.-,--,--,--,--, 1~1 __ 1 __ !. __ 1 __ 1

"7"r-r-,--· 121 __ 1 __ , __ , __ 1

"· Do you have any comments or suggestions about the course materials?

..tJA::-kL·~·P,( ~-- ;:C-//f<:, ~,,--;' ... J.;,.·-'-

7

s.

6.

1.

I.

·r-1

NAME: (OptlonaU

ORGANIZATION


Coune:

Dater

Federal and Aid Acq11j sjtion Beg111a tions

March 28 - April JS 1988

!Ntl'l.lctor: _ _.P ... a=t__,.B;.=l""e:..::i..,c ... h .... e:..r:._ ____________ _

L.oc1tlon: Washington. D.C.

Management Concepts is committed to Imp inf Its lnst~uctlonal programs. We uk you to uslst us In our elrort by completing this evaluation Corm. Please check the column that best describes your feelings 1bout the areas being evaluated.

1. COURSE MATERIALS:


Usefulness

l. INSTRUCTOR:

r>nowleOj:'e o( Material


3. OVERALL, EVALUATION Of' COURSE:

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C-::-r-Y-r- I , ............... I I I I I ,.,..::::...:::_,--,--,--,--! '~'--'--'--'--'

r:_-::-r-y-,-- I 1,:c;_1 __ 1 __ 1 __ 1 __ 1

4. Do you h.!!tve any comments OI' suaestioiu about the c:oune materials?

fl.Jo! 1JJ.JJ.......t ,. ult

S. Do you have A'l'J comments about the instructor?

'-te C. 1 :S: "~ =\.o p ""~ bo. c f"e \ Y\ ~\N>

6. Do you have any comments about the training !acllity?

/!A.,,;a,( 2h-/. ~ue_ <3ov- J J ~e CL ~fib- Atz,

7. What other courses would be beneficial to you and to your org1niution?

I. Please provide us with any additional comments or recommendations.

~\le)t'\ ~~ \o ~e fu (o ~u9."e (g.nJ;;,\.-."\~J ct§. ~cg.:zcl- 4r>j~ if doe5 no+ JrS.tk&ent..c a:.. ltbbl4~ qo9,,,,qz wg Neel k> /r;rtouJ

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~ .... ~?>-~ CH->d ~ ~;... ~·r ~-


Courst':

Datt>:

Federal and Aid Acqtdsitioo Regulations

March ?8 - April IS, 1988

ln.struetor: _ ..... P .... a:;..;.t-=.B-=l-e,_i ... c..,h ... e..,r.._ ___________ _

L<><:• lion: Washingtqr,. D.C.

'} COURSE EVALUATION FORM

NAME (Optionall ,___;; 4'.11.,l f ORC AN IZATION

I ;

Management Conc11tpts is committed to Improving Its ln:tructional programs. We uk you to usist us In our eCCort by completing this evaluation form. Please check the column that best describes your feelings about the areas being evaluated.


Organiu.tion snd Clarity

UseCulness

2. INSTRUCTOR:

l\nowledge or :'>laterial



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r:1r-r--r- I I 7' I I I I I 1--. -,--,--,--1--1 1-X..--1 __ 1 __ 1 __ 1 __ 1

r--:-:-r-.--r-1_X_1 __ 1 __ , __ 1 __ 1

4. ou have any comments or StJ!fiestion.s about the coune materials?

7. What other courses would be beneCicial to you and to your Ol'ianiution?

1. Ph1a.se provide us with any additional comments or recommendations.

~( 1


Course: Federal and Aj d Acquisition Regula t:i.ons Date: March ?8 - Apri 1 I 5 1 988 INtructor; _ _.:P:..:a::..:t~B:::..l=.;e:::..i;::.c=h.::;e..::.r ____________ _

Location: Washington. 0.C.


NAME (Optional) d >/~ 2 A>!// ORGANIZATION

Management Concepts is committed to Improving lb Instructional prorram:s. We ask you to assist us In our eCCort by completing this evaluation Corm. Please check the column that 1>6t describes your feelings about the areas being evaluattd.

I I I I t; I I I,.. fg/ //;/ I lf:Jl§I /~/ I /...,/I lr.;lo:- I 1$ I f:1J 1i: 18 I

I. COURSE MATERIALS: 11J1~1a1~1.., I


UseCulnes.s

')(r-r-'1--r--i "' I I I I I I ~·,--1--1--1--1--1

/ 1_){_1 __ 1 __ 1 __ 1 __ 1

2. INSTRUCTOR: /l I Knowledge o{ Material

Presentation and Delivery Glxiii, I ,--,--,--1--,--, ~.6_1 __ 1 __ 1 __ 1 __ 1

3. OVERALL EVALUATION OF COURSE: Ix r-r-r- I I i __ l __ t __ l_~ __ I

4. Do you MYe any comments or SUii'estiol\S about the coul"Se materials?

J ~ ~ ,.C-/). £ 7o /.It',£

Et2LJ>F,£ <;.

c /v()£>1/1,.._$ /A/ &2&.K 4/AJt>E<S /A/:i/C?t;z:? .!),C

v/ 0 ?' L}) J2 E N t> £ E ~€/='ti L /)t,;hV'LJ Y • 7 7

S. Do you h4ve any comments about the il\Structor!

A/E &£ LtlC/< v /ab?t-P£ &7· ... f bvF '3W?v'F..::f> /

;ft::./?~$/- ,£ !:J yE~S: <Ve--- NV L-1,FE" /A/ Edqifi3 . ./ht/tJ p/~<_ E/E~fr?f .Cle// J ;;t0 M?T/c:=oHE ,,Zee/oz $"'?/<?# 4 ~'"~

~ N/<!!e /4//:.?1.1r.

6. Do you have any comments about the training racility?

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1. What other courses would be benerieial to you and to your organiution?

~ ~ ~·C?t·~<:> ~Yr?< ~ ~ ~~ ~~;till~ Af~cN~ ~/:dse-4?~ ~~ 7;' :1~~ Ki. ~t>J~ ~·~ '

1. Please provide us with any additional comments or recommendations. ..-- .....--

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Course:

Dates



ln.structon __ P::..:::a-=t__..Bc::l:..:::e'""i:.:C::..:h.:.;e~r,,_ ___________ _


COURSE EVALUATION fORM

NAME !Optional!

ORGANIZ.ATtON ,,-(; I. ·-

Management Concepts Is committe<:I. to Improving Its Instructional programs. We ask you to assist us In our effort by completini this evaluation Corm. Please check the column that best de.scribes your feelings about the areas belni evaluate<:!..

I I I I l; I I I /1:1.;/ I~/ I 1~1§1 /~I I 1:11:...l;;i /.,,/IJt: I

l. COURSE MATERIALS: l/:J / ""18 /i:: 18 I ttf I !::1 u /~I' I r--r-1 /J--11 I I IV I I I ,--1--1--,--,--, Organization and Clarity

Usefulness '--' v 1 __ 1 __ 1 __ 1

2. INSTRUCTOR:

Knowledge of Material

Presentation 4nd Delivery

r-17-,-,--1 I V° I I I I ,--,--,--,--,--, 1 __ 1~1 __ 1 __ 1 __ 1

3. OVERALL EVALUATION OF COURSE: r-1 ./i--,--

4.

s.

6.

7.

I.

1 __ ,_v-_1 __ 1 __ , __ 1

Do you have any comments or 5\lggestions about the course materials?

Do you have any comments 1bout the instructor?

Do you II.ave any comments about the training !eellity?

What other courses would be benencial to you and to your org1niution?

. Please provide us with any additional comments or recommel'ld•tlol1$.

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Federal and Aid Acq11is1tion Reg11lations


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Was h in gt on. D.C.


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l. COURSE MATERIALS:

Ore;ar.i:z.aUon and Clarity

Usefulness

2. INSTRUCTOR:

Knowledge o( Mati!rial



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Course:

Date:

Federa 1 and Aid Ac qui sHi on Begul at ions


Instructor: __ -:.,P~a~t:.....:B~l~e::.:.i:c~h~e~r ....... ~~~~~~~~~~~~

Wash ing ton. D.C.

COURSE EVALUATION F'ORM

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ORGANIZATION

Management Concepts is committed to Improving Its instructional prognms. We ask you to assist us In OUI' ercort by eompletil!i this e\'aluaUon Corm. Please check the column that best describes your Cecllngs about the areas being evahu1ted.


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Coul"3e:

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Instructor:

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Federal and Aid Acq11is1tion


Pat Bleicher

Washington, D.C.


Bea1tJations 0

Management Concepts Is committed to lmprovini Its lnstructloMl prorrams. We ask you to assist us In our eC!ort by

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Course: Federal and Aid Acq1d5it1oo Regulations

Date: March 28 - April l 5 1988

NAME (Optional>

ORGANIZATION

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Location:

Pat Bleicher

Washington. D.C.

COURSE EVALUATION fORM

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Date: __March ?8 - Aprj J 1 5, J 988

Instructor: Pat Bleicher

Locations Washington, D, C,


NAME (Optional)

ORGANIZATION fl I I~

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Federal and Aid Acquj51tion Beg11lations

March 28 - Apri 1 1 5 l 988

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COURSE £VALUATION FORM

NAME (Optional)

OROANIZATION

M•n•rement Conc:epu is committed to improvlnr Its instructional prorrams. We uk you to assist us In our eCfort by

completing- this naluatlon Corm. Please check the column ttlilt best describes your feelings about the areas being evaluated.


01"6anization and Clarity { f A- ft.) UseCulness

Z. INSTRUCTOR:

l\nowtedge oC Material



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Course:

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March ?8 - Apri 1 1 5, 1988

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ORGANIZATION

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Ol'jianiulion and Clarity

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2. INSTRUCTOR:

Knowledise or Material



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TO: .J~an Stevens, Liz Cordaro

FROM: Pat Bleicher, Management Concepts, Inc.

DATE: July 10, 1988

RE: CNPP Course Final Revisions and Evaluation

MCI has now completed the much-revised version of AID's Project Officer's course, called Contracting for Non-Contracting Personnel, and the final product is a course of which :you can justifiably be proud. This memo reviews the course presented May 31-June 3 (CNPP II) and makes suggestions for future courses, based on experience gained this spring. Most important, this memo recommends and supports the adoption of of a final version of course coverage as delineated in the "Complete CNPP Course Outline", which is attached. We are forwarding a copy of this Outline to the Contracting Officer On our regular semi-annual report to her) for incorporation into the MCI training contract. We believe this course can be presented at any location in the United States or abroad, with equally successful results for AID participants.

Diane Miller served as PPE observer in CNPP II, attending all the classes and paying special attention to interpersonal relations between and among students. It was particularly gratifying to have her express approval of the course, since she had seen it in its entirety. Best of all, Diane and I engaged in a lively discussion of CNPP immediately after the course ended, and that gave us a real opportunity to share ideas for future training. I have not yet received a copy of Diane's memo on the course, and I do look forward to reading her comments, certainly well in advance of any meeting which may be called to discuss CNPP.

The following are some review points of importance:

1. CNPP was a successful learning experience, though it is four days absolutely packed to the limit with information for students who are sometimes a bit "in shock" at the volume of material to be absorbed. For the record, it is my opinion that the Project Officers AID really wants are those who can handle such a challenge; those who cannot should perhaps serve AID in other ways. Students and instructor agree: it would be better for all if the course were five days long, because that permits a more leisurely opportunity for questions and answers, but CNPP can be a success even under this abbreviated schedule.

2. All evaluators rated the course very highly indeed, with the great majority of students listing perfect scores for the course in all categories and some students writing in new categories for excellence to describe the experience. In addition, the monitor reported that CNPP was in fact the excellent course PPE had been seeking all along. Comments of evaluators demonstrated that the value of the course was generally excellent, also; a clear indication that CNPP's goal of providing a broad general understanding of issues arising in acquisition and assistance had been successfully achieved.

'? ~7

Another indication that broad understanding had been achieved was student attendance at the after-class sessions I offered every day (I made this available in FAAR also). The first two days of class, many students were still in the room at 4:00, 4:30, even 5:00 p.m.; by the third day the room was empty.

3. The most serious problem encountered in CNPP II was best expressed by one of the students. who said, "the disparity of knowledge and experience among the participants was too great." In the same class with ID Is and 25-year AID veterans was a secretary just beginning to learn contract words (and dealing with some generational issues as well); she was confused and much distressed. As Jean and Diane discussed at length, TD must make a concerted effort to screen entrants for CNPP so that students of approximately the same experience level are combined in any one CNPP class. That will permit the instructor to gear illustrations and answers to the class level, rather than the level of a single, perhaps nonrepresentative, questioner. This problem was discussed at some length by Diane and Jean, and MCI must assume that it will be addressed as an internal AID concern.

4. As agreed with Diane and Jean, MCI will change CNPP content in several relatively minor respects:

a. Toward the beginning of the "three phases of acquisition" section of course materials, MCI will insert references to realistic time frames and the need for a P.O. to plan ahead, since procurement can be a lengthy process. Emphasis will be placed on establishing a good relationship with the C.O. and contracting staff at an early stage in the process. to mhimize coordination problems later. Mention will be made that every C.O. in the Office of Procurement is also a Grants Officer, who can help with assistance issues as well as contracts. Terminations for default and for convenience will be mentioned at the course introduction, but will now be addressed in detail only at the end of the step-by-step contracting materials.

b. MCI will amend the CNPP schedule to provide a more realistic period for classroom instruction in PIO/T drafting, since follow-on materials can be covered in much shorter periods once the basics of work statements and evaluation factors have been mastered. Materials for days I and 2 will therefore settle into a portion of day 3, since day 4 can easily be condensed.

c. MCI will replace legisJative text on grants and cooperative agreements with HB lB, pages 25-1 through 25-3, since the effectness of that material was demonstrated by Carolyn Eldridge in her presentation on assistance instruments.

d. At the suggestion of one CNPP II student who was also a trainer, MCI will expand the "write-in" section of the textbook and print on only one side of the page, to facilitate note-taking on the important first day of the course.

e. These minor textual changes are now being processed, and MCI should deliver the final text version to AID on or before August 1.

5. Though there was some discussion regarding more AID-specific examples, believe that it was decided that "bad" examples--discussions concerning Project Officers whose improper actions caused loss of taxpayer dollars- -could just as easily come from other agencies. Since AID is committed to thorough training of its technical personnel, there should never be enough AID-specific bad examples to use in the CNPP course! If I misunderstood the conclusion of this discussion, please feel free to provide new examples; MCI is happy to incorporate them into CNPP.

6. Though there continues to be discussion regarding AID confusion of Statements of Work and the Scope of Work section in such statements, we have at last achieved communication concerning the nature of the problem, which ls surely just historical. Diane said that she will attempt to correct the misunderstandings which arise when students of the Project Design Course are given imprecise definitions; amending the AIDAR to clear up confusion is the logical next step.

7. As in FAAR, there were legibility problems with AIDAR Appendicies D and J, and these problems are in the originals, so they are not within MCI's control.

8. The horizontally-arranged seminar room was much more conducive to learning than the more vertical Room 210. I strongly recommend using this room in future CNPP and FAAR courses. Unfortunately, the problem with a whistling, hissing microphone system continues and may be insoluble. It would be helpful to all AID students if TD could find another mike/transmitter system that ignores pipes.

9. As a convenience for students who would like to take additional courses with more specialized instruction after the overview of CNPP, I have arranged for Yvonne Williams of PM/TD/ AST to receive l\ICI training schedules regularly, as Jean requested. If other AID personnel should need schedules, they may be obtained by calling Fran Price at 790-9595.

Finall)'. I would like to emphasize how rewarding it was to have the opportunity to discuss the course just completed with agency officials who had actually seen the instructional methods and materials in use and who approached the conversation in good faith. I believe that representatives of PPE, TD and MCI each learned a good deal from the interchange, and I recommend it highly as an AID contracting tool. Hindsight is wonderful, but nothing (not even a new evaluation form, as we discussed) can take the place of on-scene communications by eyewitnesses. I am happy to participate in such discussions for CNPP and FAAR, though with FAAR they would have to be held before the final day of class.

This was hard, but it has been worth a lot of effort. I am delighted that CNPP is now a truly great course worthy of your Project Officers.

Attachments:

Final CNPP Course Outline Copies of CNPP II Student Evaluations

CONTRACTING FOR NON-PROCUREMENT PERSONNEL

FINAL COURSE OUTLINE

This course is designed to provide an overview of project implementation tools used by the Agency for International Development. Mastery of the tools used in acquisition and assistance programs is vital to AID project personnel.

CNPP helps you to recognize different forms in acquisition and assistance, then covers the basics of contracting, first in direct contracts generally and then in specialized contracts for personal services and commodities in particular. A special section of the course is devoted to host country contracting, which creates somewhat different obligations for the project officer. When the materials on acquisition are complete, CNPP gives an overview of grants and cooperative agreements, forms of assistance used in AID projects.

As with any survey course, CNPP may raise more questions than it answers. If you would like to learn more about any materials introduced in CNPP, please consult tha Training Division for information on in-depth courses which are available. One sure way to learn is to consult the AID Handbooks that apply to your area of interest. To help you find what you need, the CNPP text table of contents has been expanded to include a source list of reference materials. Consult this list first when questions arise in mission work.

CNPP must be completed in only four days, so class schedules are intensive; you should be on time and prepared for every session. For example, it is presumed that materials scheduled for the morning (AM program} will be covered sufficiently within that time period and need not be extended into the afternoon (PM program) materials. Question-and-answer sessions may be scheduled as appropriate. Challenging homework assignments are a vital component of this learning experience, and student progress in mastery of the written projects is essential.

Throughout this course, keep in mind that AID acquisition and assistance actions are subject to the Constitution, laws, regulations and policies of the United States and of the Agency. Adherence to these requirements is not optional or a matter of personal preference; it is your obligation to obey all rules which apply. When in doubt, look it up!

Finally, CNPP has been designed in the hope that you will have some fun with materials that could otherwise be dry and unappeaiing. Remember how often you use contracts in everyday life and make grants to family and friends; CNPP is just additional information about something you already know.

DAY ONE ,:: AM PROGRAM

INTRODUCTION TO THE CNPP COURSE

Welcome and announcements by the Project; Manager Administrative matters; registration materials Presentation of the CNPP Instructor

Introduction of Instructor and students Statement of course goals and methods Preview of course schedule and student obligations CNPP text table of contents as source for references

OVERVIEW OF INTERNATIONAL DEVELOPMENT "TOOLS OF THE TRADE"

Methods useo by AID to achieve project goals are basically acquisition, assistance and grants or loans to host governments

Grants or loans to host governments are policy documents (international agreements} between governments; they are beyond the scope of course; Project Officer's basic role is to support U.S. policy in such documents

Acquisition and assistance are the focus of CNPP course Similarity, differences in acquisition and assistance:

government's benefit (exchange) or public benefit (conditional gift) Differences among instruments:

Direct contracts, including contracts for research and development, technical assistance, services (especially personal services), supplies or eligible commodities [Importance of the Competition in Contracting Act!

Host country contracts where determined to be appropriate (Special importance of the Foreign Assistance Act!

Grants (agency involvement not contemplated) Cooperative agreements (agency involvement contemplated) (Importance of the Federal Grants and Cooperative Agreements Act]

EXERCISES: DISTINGUISHING ACQUISITION AND ASSISTANCE

ACQUISITION AND THE ROLE OF THE AID PROJECT OFFICER

BASIC PRINCIPLES THAT APPLY TO CONTRACTS IN MANY CIRCUMSTANCES

Contract is the document used for acquisition (benefit and use of AID) Sovereignty as an element of any U.S. contract Difference between contract and tort; determiPing damages Offer, acceptance, consideration (roles of AID, vendors) Good faith, legal purpose, capacity (AID warrant authority) Valid contract; breach or termination for default;

termination for convenience; completion and closeout

Invalid contract; ratification (requirements at AID) Warrant authority, warrant sufficiency; technical direction Types of consideration; performance as consideration Impossibility; impracticability; mistake Third party beneficiaries; third party claimants Roles of subcontractors and sureties Roles of co, PO and others in the AID acquisition team Acquisition phases and responsibilities of the PO Changes or modifications are contracts under law

INFORMAL EXERCISES: CONTRACT FORMATION

overview, four steps to contract and the role of the PO in both AID direct contracts and host country contracts:

Defining the essential requirement Articulating what the contract must do Describing the evaluation of offers Choosing the source for contract award

Skills gained in study of direct contracts apply to all contracting

Environment in which AID contracts are made Constitution, laws, regulations, public policy, needs Competition in Contracting Act: goals, competition requirements (CBD) Standards in competition for contracts under CICA:

Full and Open Competition Full and Open Competition After Exclusion of Sources (SBA, Sia), LSA) Other than Full and Open Competition (must have justification)

Methods of procurement and different instruments used with each EXERCISE: LIMITATION OF AUTHORITY

DAY ONE =. PM PROGRAM

STEP ONE TO CONTRACT: DEFINING THE ESSENTIAL REQUIREMENT

Defining what AID needs (minimum requirement), funding, tools to use Role of the SOW in ?IO/T, solicitation, contract, change Types of procurement to be used for differing needs Types of requirements: term, completion, term & completion Types of contracts (overview using chart of contract types) Types of specifications: design/process, performance,

functional, level-of-effort (compliance with each) EXERCISE: INFORMAL ACQUISITION PLANNING

STEP TWO TO CONTRACT: ARTICULATING WHAT THE CONTRACTOR MUST DO

Basic content and format for statements of work Important role of language in exp;essing the requirement The commands at the heart of the document; what is mandato.:-y Things to avoid: illegal personal services, FAA prohibitions

EXERCISE: STATEMENT OF WORK WRITING

QUESTION AND ANSWER SESSION ON TOQLS, BASICS OF CONTRACTING

DAY TWO = AM PROGRAM

Special techniques that may be required for subject matter Phases, milestones, projects, geographical ~ocations, tasks Specialized vocabulary needs or organizational tools Research and development; supplies; services; construction

EXERCISE: WRITING FOR STRUCTURED REQUIREMENTS

STEP THREE TO CONTRACT: DESCRIBING THE EVALUATION OF OFFERS

Basic functions of evaluation criteria in procurement Legal requirement of notice to offerors; Format M. l Relationship of evaluation criteria to statement of work Types of criteria: go/no go and variable {scorable) Weighting by points, percent, descending order of importance The relative importance of price; Format M.2

EXERCISE: WRITING EVALUATION FACTORS FOR AWARD

Project personnel efforts to develop PIO/T materials Importance of coordination with contracting staff Reviewing the content of a PIO/T: elements, forms

CASE STUDY: PROJECT PAPER TO PIO/T TO CONTRACT

DAY TWO = PM PROGRAM

STEP FOUR TO CONTRACT: SOURCE SELECTION AND AWARD

Responsiveness and responsibility considerations Evaluation of technical proposal: scores and status Evaluation of business proposal: technical analysis and cost/price analysis Source selection and notice of award; synopsis in CBD

EXERCISE: EVALUATION OF OFFERS AND SOURCE SELECTION

HOMEWORK: THINKING THROUGH A COMPLETE PROCUREMENT

DAY THREE .=. .AM PROGRAM

STUDENT PRESENTATION OF ASSIGNMENT PREPARED AS HOMEWORK

REVIEW OF ALL MATERIALS CONCERNING CONTRACT FORMATION

WORKING AS A TEAM TO MEET NEEDS AND OBEY THE LAW

Importance of team effort in first three steps Reviewing statements of work written by project personnel Checking adequacy of M. l and M.2 written by others Points for focus and loopholes to avoid early in procurement

HOMEWORK: ARTICULATING A CRITIQUE OF ANOTHER'S WORK

INTRODUCTION TO CONTRACT ADMINISTRATION

Contract award begins the final phase of procurement Preparation for efficient administration should begin at once:

establishing a calendar and timetable for anticipated functions Importance of teamwork in monitoring and evaluating performance

according to contract terms and conditions; acceptance Review distinction between contract action and technical direction Rules of contract interpretation important to administration Establishing a contract administration file; orientation Fundamental duties of AID and of the contractor:

duty to cooperate and duty to proceed with the work Responsibility for government property in contractor control Analysis of all invoices; monitoring of subcontractor costs;

impact of contract type on PO duties of administration Project staff duties in closeout of completed contracts

EXERCISE: PREVENTING CONTRACT PROBLEMS

PROJECT OFFICER'S ROLE WHEN CONTRACT CHANGES OR PROBLEMS ARISE

Contract changes by CO; standard for pricing changes; buying-in Sources for changes and causes of disagreements with the PO:

differing site conditions, mistakes, acceleration; differing interpretations of terms and conditions

Project Officer's four-part checklist to avoid constructive changes: Change - beyond the original scope of work Ordered -· usually by project personnel (NEVER MAKE THIS MISTAKE!) CO knew or should have known - work was outside scope Payment request - work is compensable in ordinary business

INFORMAL EXERCISE: CONSTRUCTIVE CHANGES

Contractor deficiencies and remedies short of termination Rejection; reduction in price; opportunity to correct (cure notice) Withholding of payments; limitations on withholding money for work done

Termination for convenience of the government Determination; notice; duties; pricing concerns

Termination for default by contractor (even lf anticipatory): Failure to live up to terms and conditions of contract Failure to make progress (importance of progress section of SOW) PO's role in documenting default and AID compliance with contract Effects of default termination; possible conversion to T for C and

the role of the project staff in showing "clean hands"

DAY THREE .=. PM PROGRAM

APPLICATION OF CONTRACT PRINCIPLES AND SKILLS TO AID REQUIREMENTS

AID DIRECT CONTRACTS

Review of all contracting materials that apply to AID direct contracts Review of four steps to contract when document is AID direct contract

PERSONAL SERVICES CONTRACTS

Difference between personal and nonpersonal services is employer-employee relationship created or avoided

Factors that may indicate an employer-employee relationship exists Con tracts for personal services are illegal except:

For consulting services and all requirements of OMB Circular A-120 have been met For services provided under specific statutory authority and AID has authority to contract for personal services abroad CASE STUDY: EXAMINING A PROPOSED PSC

CONTRACTS FOR COMMODITIES

Special concerns of contracting for AID-financed commodities Overview of governing procedures; the PIO/C; geographk codes Eligibility; source/ origin/nationality requirements Project officer's role in contracting for commodities .

GUEST SPEAKER: SPECIAL PROBLEMS OF COMMODITIES CONTRACTS

HOST COUNTRY CONTRACTS

Review of all contracting materials that· apply to host country contracting Factors to be considered in determining whether a host government

should contract for project goods and services Prequalification of sources in host country contracting Flexibility of procedures to meet basic principles of AID contracting Importance of knowing the ministry with' whom you work Project officer's different role when the host country is contractor

HOMEWORK: PREVIEWING ASSISTANCE PROGRAMS MATERIALS

DAY FOUR .::. AM PROGRAM

ASSISTANCE PROGRAMS AND THE ROLE OF THE AID PROJECT OFFICER

GRANTS AND COOPERATIVE AGREEMENTS

Nature of assistance instruments; legislative basis Differences in terminology in assistance programs Differences between grants and cooperative agreements Review of materials previously covered as they apply to assistance Project officer skills important to grants and cooperative agreements

Procedures and grant applications; assistance evaluation Selection of grantees for award of assistance instruments Project Data Sheets: administrative feasibility, implementation

plan, benchmarks for verification of progress, evaluation Negotiations on program changes, terms and conditions, budget Administrative approval of vouchers submitted by recipients Maintenance of grants and cooperative agreements files Project officer's role as advisor to grants officer and role

in grants administration, monitoring, liaison with recipients GUEST SPEAKER: ASSISTANCE INSTRUMENTS AND P.O. MATERIALS

DAY FOUR PM PROGRAM

ETHICAL CONSIDERATIONS AND CONFLICTS OF INTEREST

Review of contract/grant opportunities for illegal "leaks" Legal obligations of project officer and project staff Personal conflicts of interest and the appearance of conflicts Organizational conflicts of interest that must be monitored Suspension and debarment as administrative sanctions Anti-Deficiency Act; False Claims Act; False Statements Act;

antitrust acts; Freedom of Information Act; Privacy Act

Help when ethical or conflicts issues arise Difference between administrative and criminal questions

and project staff obligations to investigative work Project officer's obligation to cooperate with

the contractor for the good of the taxpayers

REVIEW OF ALL CNPP COURSE MATERIAL~ QUESTION AND ANSWER SESSION

iv! anagement Concepts Incorporated

Cou~e: Contracting for Non-Procurement Personnel

Da~: May 31- June 3, 1988

Instructor: Pat Bleicher ~--------------------~------------~----~

Location; Washington, D. C.

NAME (Optional)

ORGANIZATION

COURSE EVALUATION f'ORM

* SUMMARY

Management Concepts is committed to Improving lt.11 Instructional programs:. We ask you ta 11.S:rist us In our ecrart by

completing this evaluation Corm. Please check: t!M column that best d~crlbes your feelings about the areas bein;c evaluated.


Organiution and Clarity

Usefulness

2. INSTRUCTOR:

Knowledge oC Material



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6. Do you have any comment.s about the training Cacillty!

T. What other coorse.s would be benencial to you and to your organl:utlon!

s. Please provide us with any additional comments or re.:ommendatlons..

* Sununary reflects responses by 20 attendees, not the total 25 attendees.


Course:

Date:

Contracting for Non-Procurement Personnel May 31-June 3, 1988

Instructor: ~-P_a_t~B_l_e_i_c_h~e_r~~~~~~~~~~~~~

Loc.tion: Washington, DC


NAME (Optional)

ORGANIZATION /'1.1 L?.

Management Concepts Is committed to Improving Its lnstn.1ctlonat prorrams. We ask you to usfst us In our eCCort by completing this evaluation Corm. Please checlc the column that best desertbes your feelings about the area.s being evaluated.

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Cour-se:

Date:


Instructor~ __ P_a_t_B_l_e_i_c_h_e_r _____________ _

Location: Washington, DC


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UseCulness

2. INSTRUCTOR:




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7. What other courses would be beneficial to you and to your organiz.ath:in?

II. Please provide u~ 'l'tith any additional comments or recommendations.


Cours1t:

Date1

Contracting for Non-Procurement Personnel May 31-June 3, l988

lnstructon ___ P_a_t __ B __ l_e_i_c_h_e __ r ______ ~-------------------Loc:allon: Wa shin gt on, DC


NAM 'E (Optlonall I ..:::::::-- - _/ I_ E · f- . '"'=e2 ~ / . rl

OROANIZATION

Management Concet:1ts ls committed to lmprovin1r lu Instructional pl"O(l'amS. We nk you to assist u.s In our dtort by c-ompletiog this evaluation form. Please check the column tllllt best describes your Cttll"is abr.lut the areas being n•luated.


Of'ianiution and Clarity

Useru1ness

'l. INSTRUCTOR:




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1. What other courses would be beneficial to you and to your organiutlon?

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crcru !"AME (OptloMI)

ORCANlZATION

Management Course: Contracting

Concepts Date: May 31-June

ln:structor: Pat Bleicher Incorporated Washington, LooaUon:

~ coo~ EYALUATIO• FORM

~~[gt~

for Non-Procurement Personnel 3, 1988

DC

Management Concepts Is committed to Improving Its lrutructional p~ms. We ask you to assist us In our effort by completing thb evaluation Corm. Please check the column that bat describes your feelings about the 1reu being evaluated.


Organiution and Clarity

Usefulness

2. INSTRUCTOR:

Knowle<lge of Material



4.

S. Do you have

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&. Do you have any comments about the training Cacillty?

••

-


Course:

Date:


Instructor: ~-P_a_t __ B_l_e __ i_c_h_e_r __________________ ~-------

Location: Was hing ton, DC


NAME (Optional)

ORGANIZATION

A ,{(;.f<..S AtVfYf\0 ~RA,;. (\-...JI. \<A( I

Management Concepts Is committed to Improving ILs ln.structlon.11 proirrams. We ul< you to assist us In our e((ort by completing this evaluation Corm. Please check the column that bat describes your Ce11llngs about the areas being evaluated.


01"6aniz.ation and Clarity

Usefulness

2. INSTRUCTOR:


3. OVERALL EVALUATION Of' COURSE:

4.

s.

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T • What other courses would bi! beneficial to you and to your organiutlon?

••


Coune:

Datei

Contracting for Non-Procurement Personnel

May 31-June 3, 1988

Instructor: ___ P_a_t __ B_l_e __ i_c_h_e_r ________ ~----------------

Location: Was hing ton, DC


NAME (Optional)

ORGANIZATION

Management Concepts Is committed to Improving Its ln.stn.11:tlonal pl'OJ?'ams. We ask you to assist !JS In our effort by completing this evaluation Corm. Pleau check the column that best describes your fHllngs about the areas being evaluated.


Organiuition and Clarity

Usefulness

2. INSTRUCTOR:

l\1'10w\e<lge o( Material



4.

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s.

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1

T. What other courses would be beneficial to you and to your organi:i:atlon?

a. Please provide us with any addition.al comments or recommendations.


Course:

Date:

contracting tor Non-Procurement Personnel May 31-June 3, 1988

NAME (Opllonall

ORGMHZATION

Instructor: __ P_a_t_B_l_e_i_c_h_e_r ____________ _



r.tenagement Conc~ts ls committed to Improving ll.ll Instructional prornms. We ask you to aS3i.st us In our ertort by completing- this evaluation Corm. Please check the column that bat descrlbe.s your fHllngs about the areu being- evaluated.

l. ~~[ MATERIALS:

Organiz.ation and Clarity

UseCulness

2. INSTRUCTOR:

Knowle-OcJe of Material



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•• Please provide us with any additional co~ments or recommendatlo~

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Course:

Date:


May 31-June 3, 1988

Instructor: ~-P_a_t __ B __ l_e_i_c_h_e_r __________________________ _



NAME {Option.al)

ORGANlZATION

]:>.:!?Ml.rt: ~L L1~..r

2 ' ? Management Concepts Is committed to lmpmving lt.s lnstructionel prognms.. We eisk you to assist us In our effort by completilli this evaluation Corm. Please check tne column that best describes your feelings about the areas being evaluated.


Organiuition end Clarity

Usefulness

2. INSTRUCTOR:




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8. Please provide us with any additional comments or recommendations.

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Course: Contracting for Non-Procurement Personnel May 3L-June 3, L988

tnstNC:tori ___ P_a_t ___ B_l_e_i_c_h~e_r~~----------------~----~

NAME (Optional)

ORGANIZ.ATtOH

1.ocatlon: Washington, DC

COURSE EVAL.UATtON FORM

Management Concepts Is committed to Improving lt.s lrmructlonal pl'Of"ams. We ask you to usist WI In our eCfort by completing this eva!Wltion form. Please check the cohimn that best describes your- (e<ellngs •bout the areu being evaluated.



Usefulness

2. INSTRUCTOR:

Kl\Owledge oC Material

Presentation and Dell¥ery


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6. Doy~ have any comments about the training facility? ·.

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a. Please provide us with any additional comments or recommendations.

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tvlanagement Concepts Incorporated

Course::

Date:

Contracting for Non-Procurement Personnel 31-June 3 1988

Instructor: ___ P_a_t __ B __ l_e_i_c_h __ e_r ____________________________ _



NAME (Optional)

ORCiANlZATION

Management Conce?tS Is committed to improving lls IMtructlonal programs. We ask you to u:rist us In our effort by completing' this evaluation Corm. Pleue check the column that best desc::rtbes your Ceellng'f about the areas being' evaluated.



Usefulness

2. INSTRUCTOR:



3. OVERALL EVALUATION' OF COURSE:

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s. Do you have any comments about the instructor?

6. Do you have any comments about the trainintt facility?


I. Please provide us with any addltlonal comments or recommendations.

rvtanagement Concepts Incorporated

Course:

Date:


t11Structor: ___ P_a_c __ B __ l_e_i_c_h_e __ r __________________________ ~

NAME (Optional!

ORGANIZ.ATtOH



Management Concepts Is committed to Improving lu Instructional ptofTams. We uk you to am.st us In our eCfort by completing this evaluation Corm. Plea.se check the column that best describes your Ceellngs about the areas being evaluated.



Usefulness

2. INSTRUCTOR:



3, OVERALL EVALUATtON OF COURSE:

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5. Do you have any comments about the in.stn.ictor?

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6. Do you have any comments about the training Cacillty?

7. Wh.at other c01Jrses would be beneficial to you and to your organization?

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Course: Contracting for Non-Procurement Personnel May 31-June 3, 1988

11\StM.Kltor: ___ P_a_t~B_l_e~i_c_h_e_r~--~----------~--------~



NAME (Optional)

ORGANlZATlON

Management Concepts ls committed to Improving Its Instructional pl"Q(l"ams. We ask you to assist us 1:1 our etrort by completing this evaluation Corm. Plea.se check the column that best describes your feellll(l's •bout the areL~ i>elng evaluated.

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I. COURSE MATERIALS: IC I ~I i:11;:111; I

Organluition and Clarity

UseCulness

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l. INSTRUCTOR:



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3. OVERALL EVALUATION OF COURSE: I 'ZS r-i-r-1 I I 1 __ 1 __ 1 __ 1 __ 1

4. Do you have any comments or SUiiestlon.s about the course materials?

Do you have any comments about the instructor! /I I Qur?"/FJ--N.t) 111{, ~ (. -

s.

Do you have any comments about the training Caclllty?

7. What olher cou~ would be beneficial to you and to your organization?

I. Please provide us with any additional comments or recommendattons.


Course:

Date:


lnstructon ___ P_a_t~B_l_e~i_c_h_e_r __________________________ _


NAME (Optional)

; ; dtb/TA/A=AD ORGANIZATION

Management Concepts ls committed to improving Its Instructional prorrams. We HI< you to u:sist us In our eHort by completing this evaluation form. Please check the column that best describes yaur teellngs about the areas being evaluated.

l, COURSE MATERIALS:


Usefulneu

2. INSTRUCTOR:




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4. Do you have any comments or surgutlons about the coul'Se materials?

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S.. Do you have an comments about the instructor?

f.., ~ I

Do you have any cozents •bout the training Cacillty?

Cxc-e, I/

1.



Course:

Oate1


May 31-June 3, 1988 lnstn1Ctor: ___ P_a_t __ B __ l_e_i_c_h_e_r __________________________ ~



NAME: (Optional)

ORQANlZ.ATIOH

f\ \ \ IC:....i •• ~r~-~__,,..._,

Management Concepts Is committed to Improving" lt.s ln!trvctlon.al pl"OJfams. We uk you to assist us In our eCCort by c:ompleti111r this evaluation Corm. Plea.se check the column that best descrtba your feelings about the areas being evaluated.


Or&aniz.ation and Clarity

UseCulneM

2. INSTRUCTOR:




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S. Do you have any comment.s about the instru-:tor?


T. What other courses wO\lld be beneOcial to you and to your organization!

I. Please provide us with any •ddlttonal comments or recommendations.

s ho,,..__\~ C;i .::;.-c)~ "~ ~ GJ<..'-'°'~ C::>'::_\<!...~


Course:

Date:


May 31-June 3, 1988

Instructor: __ P_a_t_B_l_e_i_· c_h_e_r ____________ _



NAME (Optional)

OROANIZATION

Management Concepts Is committed to Improving lu instructional pt'QJJ'ams. We ask you to assist u.s In out etrort by completil1g' this evaluation Corm. Please check the column that best describes y04Jr feelings about the areas being evaluated.



UseCulness

2. INSTRUCTOR:




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4. Do you h.ave any comments or SUitrestlon.s about the course materials?

5. Do you nave any comments about the ill3tructor?

6. Do you h.ave any comments about the tr•ining Cacillty?

7. What other courses w04Jld be benencial to you and to your organization!


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Course:

Date:


lnstructon ~-P_a_t~B_l_e_i_c_h~e_r __ ~--------~w---------~ Locations Washington, DC


NAME (Optional)

ORGANIZATION

Management Concepts Is committed to Improving Its ln:structlonal pl'Ofl'llms. We ask you to assist us In our eCCort by c:ompletirir this eYaluation Corm. Please check the column thlllt best describes your Ceellngs about the areas being evaluated.


Qljianiz.ati<:>n and Clarity

Usefulness

2. INSTRUCTOR:

Knowledge o( Material



4.

s.

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6. Do you have any comments about the training racillty?::

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1 •

••


Course:

Dater


Instructor: ~-P_a_t __ B_l_e_i_c_h_e~r--~~~----------~-----Locatlom Was h ing ton, DC


NAME (Optional)

ORGANIZATION 7

Manage1nent Concepts Is committed to Improving lts Instructional prorrams. We ask you to assist us In our eHort by eompletlng this evaluation Corm. Please check the column that best describes your feelings about the ueu being evaluated.



lisefulness

2. INSTRUCTOR:




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6. Do you have any comments about the training Cacility?

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7. What other courses would be benefici1d to you and to your organization?



Course:

Date:


Instructor: __ P_a_t_B_l_e_i_c_h_e_r ____________ _

Location: __ W_a_s_h_i_n..:g;::..t_o_n-=-, _D.........,.C __________ _

NAME (Optional)

OROAHIZATlOl'I


ldtYJ (u Jjs:>'l A .. D

Management Concepts Is committed to improving Its Instructional prorrams. We nk you to assist us In our eCfort by completinir thi.s evaluation Corm. Please chec:k the column that best describes y®r Ceellngs about the areas being evaluated.



Usefulness

2. INSTRUCTOR:

Knowle<lge oC Material

Presentation and l"elivery

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3. OVERALi, EVALUATION OF COURSE: crr·-i-r- I 1~1 __ _1 __ 1 __ 1 __ 1

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T. What other courses would be benencial to you and to your org.nizatlon?



Course:

Date:


May 31-June 3, 1988

ln.structor: ___ P_a_t __ B_l_e __ i_c_h_e_r __________________________ ~

t-IAME (Optional)

ORGANIZATION



(\ t Q A f@,!At;RIA R ,)

Manai'ement Concepts Is committed to lmprovini' Its lnstl"Uctional prorrams. W'!t a ~ you to U$1st us In our ercort by completing this evaluation Corm. Please check the column that best descrl~ your feelings about the ereu being naluated.

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Usefulness

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2. INSTRUCTOR: r-r--r-r- I


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'~--'--'--'--' Knowledge or Material

3. OVERALL EVALUATION OF COURSE: r-...v---r-r-1_v_i1 __ 1 __ 1 __ 1 __ ,

4.. Do you have any comments or sunestlons about the course materials?

S. Do you have any comments about tt.e instroctor?

6.. Do yOtJ have any comments about the trainlq facility!

T. What other courses would bi! beneficial to you and to your organization?

I. Please provide us with any additional comments or recommendlltlons.

<<,'nnr(e ~ n/e14<=f ( i.e.. ;p>:v) >

f

ivtanagement Concepts Incorporated

Coune:

Date:


Instructor: ___ P_a_t ___ B_l_e_i_c_h_e_r __________________________ ~



NAME (Optlonall

ORGANIZ.AT!ON

Management Concepts Is committed to Improving Its lnatructloMl programs. We uk you to 11.U!st us In our eCrort by completlnr this evaluation Corm. Please check the column that best describes your feelings about the areu bell!( evaluated.


016anlution and Clarity

UseCulneSll

2. INSTRUCTOR:


Presentlltion llnd Delivery


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4. Do you have any comments or suggestions about the coune materials?

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i 5. Do you have any comments about the inatructor?

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L Do you have any comments about the training facility!

T. What other courses would be beneticial to you and to your organlutlon?

I. Please provide us with any llddltlonal comments or recommendations.

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/ \ i - \


Course:

Date:


tnstructon ~-P_a_t __ B_l_e __ i_c_h_e_r __________________________ __

Locations Washington, DC


NAME (OptloMI)

ORCANIZA110N

Management Concepts Is committed to Improving lls lnstl"UctloMl pl"O(r•ms. We ask yoii to U3ist us In our effort by completing this evaluation Corm. Please check th.! column that best describes your fffllngs about the areas being evaluated.



UseCulnes.s

2. INSTRUCTOR:

Knowl~e of Material



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4. Do you l'lave any comments or suggestions about the course materials?

5. Do you h&ve any comments about the instructor?

6. Do you have any comments about the training Cacillty?

T. What other courses would be beneficial to yoii and to your organization!



Course:

Oate1

Contracting for Non-Procurement Personnel May 3l-June 3, 1988

Instructor: Pat Bleicher ~~~~~~~~~~~~~~~~~~~~~-



NAME (Option.al)

ORGANIZATION

Manageme~t Concepts Is committed to Improving Its Instructional programs. We ask you to u.slst u.s In our efrort by completing this evaluation Corm. Please check the column that best describes your fHllngs about the areu b<ting evaluated.

I I I /~I I /,._/&:ll If!! I 1~1§1 /~/I /::fl:..11:.) /,,,,/J>,r I

I. COURSE MATERIALS: !ti I ""18It:18 I /l:f I!:!; (,j /~/.;I r-. r-r-1--11 I 'f.- I I I I I ,-.-,--1--,--,--1 Organlz.ation and Clarity

U.$efulness 1~1 __ 1 __ 1 __ 1 __ 1

2. INSTRUCTOR:



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3. OVERALL EVALUATION OF COURSE: r:-;-r--r-r-125:._1 __ 1 __ , __ 1 __ 1

4. Do you have any comments or sugge.stion.s about the coul'Se materials!

loo !'l.u d~ to /~~ ,v &1.-R. ft- 'wf ~ 0 __________________________________ _ I

I

Do you h.ave any comments about the instructor?

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Do you have any comments about the tral.ninc faclllty!

T. What other courses would be beneficial to you and to your organiV1tion?


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FINAL REPORT TO July 11, 1988 - United States Agency …pdf.usaid.gov/pdf_docs/pdaax907.pdfFINAL...

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Transcript of FINAL REPORT TO July 11, 1988 - United States Agency …pdf.usaid.gov/pdf_docs/pdaax907.pdfFINAL...