Alpha Contracting Sole Source Negotiations between Government and Industry (13 CFR124.503(c)(2))
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Transcript of Alpha Contracting Sole Source Negotiations between Government and Industry (13 CFR124.503(c)(2))
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Alpha Contracting
• Sole Source Negotiations between Government and Industry
• (13 CFR124.503(c)(2))
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ALPHA CONTRACTING DEFINED
• An acquisition process adopted to reduce the acquisition cycle time by replacing a serial process with a concurrent one, through government and contractor teaming (e.g., overarching Integrated Process Team (IPT)) without compromising the standard of a fair and reasonable price.
• Used in sole source acquisitions, pre-award phase of Integrated Process and Product Development (IPPD)
• An approved Acquisition Plan and J&A is required before Alpha contracting discussions and negotiations begin on any program/project.
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ALPHA CONTRACTING PROCESS
• Joint Government/Industry IPT is established to develop the requirements, draft the contract, conduct the audit, and find the right price for the acquisition (requirements, contracting, audit, the user, and the contractor/principal subcontractors)
• There is no solicitation or proposal – the IPT develops the technical and cost detail that is the basis of the contract (a “model” contract (Ref. FAR 15.204-1, Sections A-J) developed early in the process prior to final pricing)
• IPT may identify the need to change the program base-line to improve performance, lower risk, or reduce cost
• Cost and technical data jointly developed to address concerns of Government pricing and audit personnel as the program costs are developed (fully supported contract price)
• “Model” contract revised and adjusted as technical and price details are resolved; model becomes the executed contract document
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ALPHA CONTRACTING
• ADVANTAGES
- Reduction in time to award (up to 50%)
- Enhanced understanding of contact (lower program risks)
- Positive environment for execution
- Greater customer satisfaction
• DISADVANTAGES
- Up front labor-intense- Need for dedicated
personnel
- Trust doesn’t come easy
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WHAT IS ALPHA CONTRACTING?(MORE SPECIFICALLY)
Government and Contractor Teaming
• Open communications early in the process
• Mutual understanding of the Statement of Work (SOW) requirements (Contractor & Government may co-write)
• Agreement on appropriate scope and hours/task prior to “model” contract submittal
• Contractor and government Team develop final “model” contract together (includes cost and pricing data)
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STATUTORY REQUIREMENTS
• Federal Acquisition Streamlining Act of 1994 (FASA) – reduce overall costs of the acquisition process
• FAR 5.101 enforces Synopsis requirements
• FAR 6.302 enforces CICA J&A requirements
• FAR 15.805-1 requires the PCO to assemble a team to perform an Independent Government Review
• FAR 15.808 requires preparation of Pre- and Post Clearances
• Technical Review Required
• Executive Order 12931, October 13, 1994
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OUTPUTS OF ALPHA CONTRACTING APPROACH
• As a team, the Government and Contractor develop the RFP and Statement of Work (SOW)
• Using this baseline RFP and SOW, Government/ Contractor Team development a “model” contract
• With this “model” contract, the program is priced out using tools such as CAIV
• “Model” contract is adjusted based on the pricing arrangements agreed upon by all Team members. (This becomes the contract document executed.)
Develop the scope of work on a program, price that scope, and prepare the contract to execute that scope
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TRADITIONAL CONTRACT FORMATION
ACQ PLAN RQMTSPACKAGE
FORMALRFP
PROPOSAL
REVIEW &AUDIT NEGOTIATE
CONTRACT AWARD
_______________________________________________________________0 Timeline (in days) 365
EXCLUSIVE SERIAL PROCESSING
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9120 – 160 Days
CONCURRENT CONTRACT FORMULATION(ALPHA CONTRACTING)
ACQ PLANRQMTS
PACKAGE
DRAFTRFP
FORMALRFP
CR
Proposal
REVIEW &AUDIT
CR
NEGOTIATE
CR
CONTRACTAWARD
CR
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WHAT TEAM MUST DO
• Focus on meeting established milestones
• Make sure all the right people attend team meetings (establish common location)
• Establish IPT and identify Team Leaders
• Define technical review process
• Establish a common spreadsheet
(PMO/DCMC/DCAA/CONTRACTOR)
• Keep Top Management informed
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PRE-PROPOSAL RELEASE
• Clearly establish budgetary ROM
• Write sound Draft SOW and preliminary delivery schedule
• Answer the question “What do I think this effort should entail?”
• Develop mutual understanding of SOW content (discussions)
• Finalize strategy for unique contract provisions (e.g., WARRANTY, GFP)
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PROPOSALSUBMISSION AND REVIEW
• Assemble technical review team on-site
• Achieve deeper understanding of SOW content (discussions)
• Assign one individual to each cost content summary sheet
• Identify who the other Evaluators are to Answer the Question “What information have I received that causes me to believe we have the right position?”
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NEGOTIATIONS
• Provide inputs to Team Leader for final review
• Team Leaders (only) authorized to discuss effort with Contractor
• All Team members available to resolve outstanding issues and fine tune requirements
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CONTRACT AWARD
• Consider award on adjusted “model” contract (from
Alpha teaming process) with required pen and ink
changes
• Maintain close contact with the budget officer for final
funding release in a timely manner
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CONCLUSIONS
• Proven Approach for reducing acquisition cycle lead time (50% or more), reducing program costs (less risk) , and improving both negotiated agreement and probability of program success
• Open, Honest, Cooperative approach reduced potential for litigation during program execution and opens door for other initiatives to reduce costs
• Improved customer satisfaction given better quality and performance and realized expectations given their involvement in the process
• Teaming process needs to continue beyond contract award. Overarching IPT should stay in place to assure communications and cooperative environment