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DGSDPS

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DGS/DPS. 2004. Gary Johnson. Contract Compliance Officer. Division of ... Understand the need for Contract ... a. Malfeasance - Conduct illegal to ... – PowerPoint PPT presentation

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Title: DGSDPS


1
Tips for Contract Management/Administration
Gary Johnson Contract Compliance Officer Division
of Purchases Supply
2
Workshop Objective
  • Understand the need for Contract Administration
    Management.
  • Explore Contract Administration Techniques.

3
THE NEED FOR CONTRACT MANAGEMENT
  • ? TO ENSURE THAT THE USER/AGENCY ACQUIRES
    GOODS/SERVICES ON A TIMELY BASIS TO MEET ITS CORE
    MISSION. INCLUDES BUT NOT LIMITED TO
  • IDENTIFYING FUTURE REQUIREMENTS
  • FAMILIARIZING YOURSELF WITH INDUSTRIES
  • MANAGING CONTRACTS LISTING
  • ORGANIZING A CONTRACT ADMINISTRATION PROGRAM.

4
THE NEED FOR CONTRACT ADMINISTRATION
? TO ENSURE THAT THE USER/AGENCY COMPLIES WITH
ITS OBLIGATIONS UNDER THE USER/VENDOR
AGREEMENT. ? TO ENSURE THAT THE CONTRACTOR
COMPLIES WITH ITS OBLIGATIONS UNDER THE
AGREEMENT. ? TO PROVIDE A WRITTEN RECORD OF
USER AND VENDOR PERFORMANCE FOR PURPOSES OF
ASSESSING COMPLIANCE, ENFORCING RIGHTS, AND
MAKING FUTURE PROCUREMENT DECISIONS.
5
The Why of Contract Administration
  • 1. AWARDING THE CONTRACT IS NOT THE END OF THE
    JOB.
  • a. You need to be more than lucky
  • b. Performance tends to rise to expectations
  • c. Yogi was right! "It ain't over till its over"
  • 2. PERFORMANCE VERIFICATION IS INCUMBENT UPON
    THE ASKER
  • a. You are the one authorizing pay
  • b. Vendor always works at or below minimum
    standards
  • c. Perseverance the answer "When the cat's
    away, the mice will play."

6
ADMINISTRATION CONT
  • 3. THE ROLE OF COMPLETE WORK
    STATEMENT/SPECIFICATIONS
  • a. The contract contains the total agreement
    (plus)
  • b. It has to be understandable to be agreeable
  • c. We understand only what is easily explainable
  • d. You can describe anything! (see A-1)
  • 4. NON-COMPLIANCE BY VENDOR AGAINST THE LAW . .
    . NOT REQUIRING COMPLIANCE IS ALSO AGAINST THE
    LAW
  • a. Malfeasance - Conduct illegal to official
    obligations
  • b. Misfeasance - Doing something that's right the
    wrong way
  • c. Nonfeasance - Failure to perform
  • d. State's rights - Can't give away what's not
    yours

7
GOODS CONTRACTS
  • Order Following (Old Fashioned Expediting)
  • High Dollars
  • Award Based on Delivery
  • Indication of Vendor Problems (Bad
    Relationship)
  • Need Close Agency/Vendor Coordination
  • Production Materials
  • Liquidated Damages Clause
  • Technical/Complex Procurement

8
Goods Contracts
  • Vendor Contacts You Concerning Order
  • Item at Variance with Expectations
  • Product Not as Specified
  • Difference In Order Quantity
  • Invoice Differs from Purchase Order
  • Prepare Receiving Report

9
Service Contracts
  • Best Done By Using Contract Driven Checklist
  • For Consulting, Training, etc Use Mile Stones
  • Checklist Should Be Qualitative, Quantitative,
    and Comprehensive
  • Checklist Should Allow for Monetary Assessments
  • Can Be Developed By Either Party
  • Should Serve As A Basis For Payment

10
Criteria for Increased Administration(Federal)
  • Nature Extent of Preaward Survey
  • Value Complexity of Contract
  • Urgency of Delivery Schedule
  • Extent of Subcontracting
  • Vendor Performance History
  • Complexity of Payment Arrangements (Progress
    Payments, etc.)

11
Federal Methods
  • Detailed Administration Delegation Document
  • If Vendor Is Purchasing Items For Commonwealth,
    Consider Monitoring Vendors Purchasing System
  • Monitor Cost Overruns/Underruns of Estimates
  • Periodic Plant Inspections
  • Monitor Financial Solvency
  • Use Of Auditor
  • Monitor Contract With View Towards Closeout

12
Remember
  • You Are Only as Good as your
  • Specifications/Work Statement ,Helping to Make a
    Responsive/Responsible Award and Then Minding the
    Business Using Clear Cut Procedures Allowing
    Immediate Action-Taking By Using All Available
    Resources.
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