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PROJECT MANAGEMENT ENCE-7323

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PROJECT MANAGEMENT ENCE-7323 CLASS 6 October 8, 2000 Carl E. Edlund 214-665-8124 cedlund_at_prodigy.net edlund.carl_at_epa.gov CLASS 6 GOVERNMENT CONTRACTING CLASS 6 ... – PowerPoint PPT presentation

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Title: PROJECT MANAGEMENT ENCE-7323


1
PROJECT MANAGEMENTENCE-7323
  • CLASS 6
  • October 8, 2000
  • Carl E. Edlund
  • 214-665-8124
  • cedlund_at_prodigy.net

edlund.carl_at_epa.gov
2
CLASS 6
  • GOVERNMENT CONTRACTING

3
CLASS 6 OUTLINE
  • Review Homework 2
  • Highlights of Class 5
  • Review Homework 3
  • Contracting
  • Terminology
  • Authorities
  • Types of contracts solicited vs negotiated
  • Protests

4
CLASS 6 OUTLINE
  • Types of Contracts
  • Responsibilities of different players
  • Changing and terminating contracts
  • Ethics
  • Test 1
  • October 15
  • Bring bluebook
  • Closed book (but Ill talk about contents
    tonight)

5
Chapter 5 Key Topics
  • Startup and Execution-
  • Control through
  • Files,
  • Schedules,
  • Team meetings,
  • Reporting system
  • Continual review of deliverables
  • Key focus
  • SCOPE,
  • SCHEDULE,
  • BUDGET

6
PROJECT STARTUP/SETUPDEFINITION the Charter
HARD SOFT
EXTERNAL CONTRACTS, S.O.W., ETC KICKOFF MEETING INDIVIDUAL CONTACTS
INTERNAL FILES, TE SHEETS, ETC LINE MGRS SUPERVISORS
TEAM RISK LOG, RESPONSIBILITIES MATRIX, SCHEDULE INDIVIDUAL ASSIGNMENTS TEAM MEETINGS
7
Chapter 5 Key Topics
  • Project Completion
  • Confirmation with client that objectives met
  • File review and correction
  • Process considers
  • legal,
  • technical,
  • administrative,
  • client,
  • your own organizations future

8
Chapter 5 Key Topics
  • Control of Finances
  • Ways to ensure payment
  • accurate/timely invoices,
  • personal contacts,
  • discounts for early payment
  • Contract terms areas of greatest importance to a
    supplier
  • Indemnification,
  • Insurance,
  • Payment terms

9
Chapter 5 Key Topics
  • Sources
  • Private Sector
  • Financing
  • Public Sector
  • Foreign
  • Verification of Finances

Why is it important to verify finances?
To avoid a lein on the project or property or
your business!
10
Chapter 5 Key Topics
  • Checklist for Project Management
  • AE Contract Provisions
  • Deliverables defined
  • Responsibilities of Client and Contractor
  • Payment
  • Termination
  • Insurance, Liability, Indemnification
  • Timetable

11
HOMEWORK 3Preparation of a Proposal
  • Situation
  • Spilled
  • 250 gal H2SO4 ,
  • 4,000 gal gasoline
  • Recovered 2,000 gal mixed
  • Discharged to King River 50 gal?
  • In ground 2,2000 gal?
  • GAG and SEA unhappy
  • ERU needs assessment, cost proposal

ASAP
12
HOMEWORK 3Preparation of a Proposal
  • To adequately respond you need to
  • first know the client, and
  • second understand the scope of work
  • Critical aspects to selling a proposal
  • Timeliness,
  • simplicity,
  • understanding of scope,
  • sensitivity to cost,
  • presentation of alternatives,
  • unique qualifications

13
General Terminology
  • Contract
  • Agreement between two or more parties written
  • Mutually binding
  • Legally enforceable

Is it worth a trillion a year? Model for State,
local, private sector
Why study federal government contracting??
14
General Terminology
  • Acquisition (government term)
  • Goods or services obtained through contract
  • appropriated
  • Acquisition Contracting
  • Purchasing (Not the kind of contracts well
    discuss)
  • Small (2,500 - 25,000)
  • Very Small (lt2,500)

15
Federal Contracting Authority
  • TWO DRIVING PRINCIPLES
  • 1. Stewardship of Appropriated Funds
  • Full and open Competition
  • 2. Procurement Above Reproach
  • Minimize
  • Fraud
  • Waste
  • Abuse

16
Federal Contracting Authority
  • PL 93-400 Federal Procurement Policy Act
  • Goal full and open competition to the extent
    possible
  • Use of competitive procedures where practical
  • Sealed bids are best
  • Competitive proposals if sealed bids are not
    possible
  • Non-competitive relationships are least desirable
    e.g. sole source contracts
  • Single Uniform regulation Federal Acquisition
    Regulations- FAR

17
Federal Acquisition Regulations
  • All federal procurements, all agencies
  • Maintained by GSA, DoD, NASA, and EPA
  • Procurement Authority issued by GSA to each
    agency, subsequent delegations within each

18
Federal Acquisition Regulations Different people
you want to get to know
  • Contracting Officer (CO)
  • Authority to issue and cancel contracts
  • Personal signature
  • Contracting Specialist (CS)
  • Administers the contract.
  • Works directly for the CO
  • Contracting Officers Technical Representative
    (COTR)
  • Evaluates technical specifications and
    deliverables,
  • Monitors work progress

Why do these people work in different offices ?
19
Federal Acquisition Regulations
  • Specifications are for things
  • Technical attributes
  • Clear language
  • Avoid trademark or commercial description
  • Statement of Work (SOW) is for services
  • Task oriented
  • Meaningful measures
  • May be ambiguous e.g. research

Performance-Based verses Specifications-Based
Contracts a growing trend ?
20
Contract Types
  • Sealed Bid Contracts
  • FFP - Firm Fixed Price
  • Maximum risk for contractor
  • Minimum contract administration
  • FPE - Fixed Price with Economic Price Adjustments
  • Contingencies related to economy
  • Reduces contractor risk .. but
  • FPI - Fixed Price Incentive
  • Profit adjustment
  • Shared risks/benefits
  • Performance incentive

21
Contract Types
  • Negotiated Contracts
  • CPFF - Cost Plus Fixed Fee
  • Frequently used for RD and environmental
    assessments
  • FF range 5 to 15 percent
  • CPIF - Cost Plus Incentive Fee
  • Fee based on negotiated formula
  • General services use this
  • CPAF - Cost Plus Award Fee
  • Subjective evaluation of fee
  • Partial payment

22
Contract Types
  • Negotiated Contracts
  • T M - Time and Materials
  • Frequent for A E and environmental services
  • Hourly rates
  • Materials at cost
  • T M Indefinite Delivery T/M
  • Flexibility for scheduling and levels of effort
  • Bounds set on agency obligations
  • SSC - Sole Source Contracts
  • Uniquely qualified contractor .. Unique product
    or service
  • Limited component of overall project
  • Misery to administer

23
Contract Types
  • Negotiated Contracts
  • CC - Cost Plus Percent of Cost
  • A no - no why?
  • Letter Contracts
  • No bidding/competition at all
  • Time of war, national emergency

Q Which form of contracting is most wanted by
contractors, and why?
A Sealed bid FFP! This has the most potential
for profit.
24
Balancing Stewardship and Integrity
HIGH
FFP
FPI
FPE
CPFF CPAF CPIF
TM
SSC
INTEGRITY
REPROACH
CC
LOW
HIGH
LOW
STEWARDSHIP
25
Soliciting for Contracts
  • Commerce Business Daily
  • Prime vehicle but other advertising is also done
  • www.cbdweb.com
  • Types of announcements
  • Sources Sought
  • Notice of Intent
  • Pre-solicitation Notice
  • Timing
  • 15 days before solicitation
  • at least 30 day notice period

26
Soliciting for Contracts
  • Sealed Bid Process
  • Basic
  • Two Step
  • Negotiated Contracts
  • RFP/RFQ

27
Bid Protests
  • Timing
  • w/I 10 days
  • Made to
  • Awarding Agency
  • GAO
  • Courts

28
SIKES
29
SIKES
  • HISTORY
  • 1940s sand pit mining
  • 1950s Girl Scout camp at Tank Lake tragedy.
  • 1960s Sikes family homesteads the land
  • Sikes enterprises
  • deer leases
  • dumping

30
SIKES
  • 1967
  • Riverdale Community telegram to LBJ
  • Texas Dept of Water Resources issues / retracts
    water permit.
  • Sikes dump closed
  • 1982
  • Floods
  • sampling shows widespread toxics

31
SIKES
  • 1983 SITE ADDED TO NPL
  • Sikes family temporarily relocated after fight
  • TDWR EPA start the RI/FS
  • 1986 RI/FS COMPLETED
  • 80,000 cubic yds contaminated soils,
  • 80,000 cubic yds contaminated sludges
  • 13,000,000 gallons contaminated water

32
SIKES
  • OPTIONS
  • 0.4 M No Action
  • 23.4 M L/F sludges and soils on site
  • 56.0 M L/F sludges off site, soils on site
  • 53.4 M Incinerate only sludges on site
  • 111.3 M Incinerate sludges on site L/F soils
    off site
  • 92.9 M Incinerate sludges and soils on site

33
SIKES
  • PUBLIC COMMENT PERIOD 7/30/86 TO 8/20/86
  • PUBLIC MEETING 130 PEOPLE 8/7/86
  • PRINCIPAL CONCERNS
  • Import waste from other sites?
  • Killer inversions?
  • Test innovative, cost saving, technologies?
  • Guarantee permanence?
  • Property devaluation?

34
SIKES
  • Record of Decision (9/86)
  • Incinerate soils and sludges on site (est. 93
    million)
  • Temporary incinerator, on quickly off quickly.
    Estimated operation 1988 - 1990.
  • Only Sikes waste.
  • Public fully informed of each step.

35
SIKES
  • REMEDIAL DESIGN 10/86 TO 10/89
  • 139 M allocated 150 of ROD
  • 2 step bidding process
  • 5 technically qualified contractors
  • SOLICITATION 10/89

problem !
36
SIKES
  • Single bid submitted
  • 134 million close, but under, 139 million
    allocated.
  • Self insured and bonded
  • Extremely competent firm with international
    reputation
  • Other qualified bidders
  • Lacked insurance
  • Did not lodge a protest but were unhappy!

37
SIKESDifferent, Conflicting, InterestsPARTY
DESIRE
  • Elected Reps
  • Agency Leaders
  • Community
  • State Agency
  • Bidding contractor
  • Other contractors
  • Insurers
  • Need results!
  • Want results
  • Restless _at_ delay
  • 10 matching
  • Over 500K invested
  • Bummed by insurers
  • Spooked by newness

38
SIKESAS PROJECT MANAGER, SHOULD YOU PROCEED?
  • Option A Proceed because
  • Fair and square bidding.
  • Just about everyone wants results.
  • Well get sued if we dont.
  • Option B Retract and re-do solicitation
  • May be savings in cost then again ..
  • Right thing to do
  • Well get sued if we dont
  • Option C ?
  • Partial award? Give to USACE? Move to different
    occupation? Others?

39
SIKES
  • MARCH 1990 RESOLICITATION
  • Phase A- construction of berms, incinerator,
    water treatment, access roads, clearing, etc.
  • Phase B- Operation of cleanup equipment, removal.
  • SUCCESSFUL RESPONSES
  • 4 different firms, joint ventures
  • Bids ranged from 92 to 99 million

40
SIKES
  • OCTOBER ,1990-
  • Mobilization to field
  • JANUARY, 1992-
  • 32 million Phase A completed,
  • APRIL, 1992-
  • Trial Burn successful, operations started.
  • JANUARY, 1995-
  • Phase B completed 85 vs 60 million but volume
    was 360,000 vs 160,000 cu yds

41
SIKES
  • Re-solicitation for Bids
  • Delayed project one year
  • Complied with FAR
  • Saved 24 to 41 million
  • Sikes cleanup
  • 1 billion pounds of contaminated soil detoxified
  • 3 billion pounds of water cleansed
  • All for .30 a pound a bargain?

42
Socioeconomic Programs
  • Small Business
  • Set-asides
  • Competitiveness demonstration
  • Labor Surplus Area Set-aside
  • Minority and Woman's Business Enterprise
    MBE/WBE
  • Davis-Bacon Act

43
AE Contracts
  • Special Problems lead to 1972 Brookes Act
  • Qualifications Based Selection
  • Fair price industry standard
  • Announced in CBD
  • Panel selection

44
Contract Modifications
  • Administrative vs Substantive
  • Unilateral vs Bilateral
  • The Changes Clauses
  • Computation and negotiation difficult

45
Contract Termination
  • Near termination remedies
  • stop payment
  • reduce price
  • assess damages
  • Termination for default
  • Termination for Convenience

46
Ethics in Contracting
  • BASIC DRIVING FACTORS
  • 1. ABOVE REPROACH
  • 2. STEWARDSHIP
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