NCMA NOVA NEWS – FEBRUARY 2016 1

PRESIDENT’S MESSAGE

By William Kirkwood - NCMA NOVA President

I’m sure that most remember

Judy Garland and the Wizard

of Oz, and the unforgettable

chant: “Lions and Tigers and

Bears, oh my!” As a

Government Contracting

Professional, you might be

tempted to chant something

similar – perhaps “Formations,

Performance, and FAR, oh

my!”, or “Compliance, Audits, No Time, oh my!” I

believe that we’re all familiar with that sense of

having a seemingly never-ending stream of things to

do, with never enough time to do them all.

I also believe that there is a counter-intuitive

principle for dealing with such overload. Our

normal, intuitive reaction is to isolate ourselves,

work longer hours, and focus on completing

transactions. While this approach is unavoidable

from time to time, we need to be careful to avoid

letting this short-term solution turn into a long-term

habit. Rather, it is important that we do our best to

reserve time for more important and strategic

activities, such as maintaining and nurturing

relationships with our families and friends, educating

ourselves, and networking. On a routine basis, I

discuss these thoughts with the teams that I work

with and I counsel people to layer activities and

attempt to “kill more than one bird, with one stone,”

so to speak.

The NCMA NOVA chapter provides exceptional

opportunities to layer the important activities in our

lives. Your participation with the NOVA chapter

allows you to learn, network, and make friends – all

in the same efficient time period! In the coming

weeks, the NCMA NOVA chapter will issue

invitations to two dinner events, and four lunchtime

events. We will do our best to make these events cost

effective. You can also rely on the certainty that they

will provide very relevant opportunities to develop

your skills, meet new people, and learn during the

course of lunch or dinner. I encourage you strongly

to take advantage of these events, as they will most

certainly help you to grow and become more

effective in your role, with the added benefit of

providing an opportunity for great fellowship. The

Chapter Executive Committee and I look forward to

seeing you!

INSIDE THIS ISSUE:

President’s Message

Critical Functions of the Chapter Treasurer

Guest Author Spotlight: Christoph Mlinarchik

Resources for the Contracting Professional

Here Be Dragons: Part I - Managing the Risks

of Market Research Meetings with Industry

NOVA NEWS Call for Articles

NOVA Member Anniversaries

NCMA NOVA NEWS – FEBRUARY 2016 2

CRITICAL FUNCTIONS OF

THE CHAPTER TREASURER

By Raymond Bouford - NCMA NOVA Treasurer

My name is Raymond Bouford and I am the NOVA

Chapter Vice President

Treasurer. As one of three

elected officers, I am a

member of Chapter Board

of Directors and am

responsible for chapter

financial activities.

The Chapter Treasurer, in

cooperation with the other

Chapter Officers, creates

annual income and expense forecasts for budget

planning and forecasting. With the Chapter

President, I prepare the

Chapter Annual Budget for

approval. In my role, I also

assist the President in

preparation of the Chapter

Long Range Plan and

Annual Operating Plan.

The Chapter Treasurer maintains the financial

records and bank accounts needed to account for

Chapter funds. I exercise signatory authority for our

checking/savings accounts at Wells Fargo and am

responsible for the Chapter Debit Card and for

paying all our Chapter obligations in a timely

manner. I maintain the Chapter petty cash fund when

needed and

authorized by

the Board of

Directors. I

collect and

disburse funds

for meals and

other expenses at Chapter functions such as the

dinner/lunch meetings and training seminars, or

delegate another officer to do so. I ensure the

collections and payments are documented and

reflected in the Chapter financial reports. I must

ensure that income-producing projects are in concert

with the National Bylaws, Mission Statement, and

Local, State and Federal statutes.

I maintain the official Chapter financial records and

prepare periodic financial reports. I maintain

oversight of all Chapter income, expenditures and

commitments and make recommendations to the

Board of Directors should I see any weaknesses that

could lead to fraud or loss of Chapter funds. I

prepare a formal signed report of all Chapter

financial transactions for the preceding period before

each meeting of the Board of Directors for their

approval. I keep the Chapter financial records

readily available at all times for inspection by the

Chapter President or other authorized National

Officer.

Finally, as the program year winds down, I must

solicit the services of an independent auditor

approved by the Chapter President to audit the

Chapters financial books. I arrange for transfer of

the records and bank accounts to the incoming

Treasurer for the new program year. My final action

is to submit the Chapter’s annual financial report to

the NCMA National to arrive before July 20.

The above sounds like a lot of responsibility, and it

is, but it only takes a few minutes on most weeks, and

a couple of hours on busy weeks. You just have to

make sure each action is documented and entered

into ongoing spreadsheets on a continual basis to

avoid confusing backlogs. Just like at managing

your finances at home, you need to balance your

bank accounts monthly to ensure they match the

Chapter financial records.

NCMA NOVA NEWS – FEBRUARY 2016 3

NCMA NOVA GUEST AUTHOR

SPOTLIGHT:

CHRISTOPH MLINARCHIK

By Brian Baker - NCMA NOVA News Editor

One of the critical challenges of work within the

Federal Acquisition Regulations is the need to

remain current. The body of knowledge for

acquisition professionals is a landscape that evolves

with legislation, executive orders, agency policies,

and - in small but elegant ways - with the innovation

of acquisition professionals in industry and in

Government. It is a constant learning curve that is

typified by the standard series 1102 interview

question “Tell me, how do you remain current?”

Exploration is the key to that currency, and this

program season’s guest author, Mr. Christoph

Mlinarchik, provides the tools of the trade that will

make that exploration a hallmark of your

professionalism. This issue features his piece,

Resources for the Contracting Professional, as the

first in a portfolio series of five articles spanning the

NCMA NOVA Chapter’s 2016 program year. The

portfolio will bridge topics from market research, to

the award phase of procurement, through

debriefings, contract administration, and claims.

This Month’s Portfolio Focus

February 2016 Issue:

Resources for the Contracting

Professional

April 2016 Issue:

How to Write CO Final Decisions

June 2016 Issue:

Debriefings

August 2016 Issue:

Contract Interpretation

October 2016 Issue:

REA vs. Claim

It is with great pride that we bring you the work of

Mr. Mlinarchik, our keynote presenter for the 2015

NCMA NOVA program year dinner meeting series,

author of the cover article for the January 2016

NCMA Contract Management magazine, and author

of the NCMA NOVA News 2016 program year

portfolio series.

NCMA NOVA NEWS – FEBRUARY 2016 4

RESOURCES FOR THE

CONTRACTING

PROFESSIONAL

By Christoph Mlinarchik, JD, CFCM

The FAR reference book on your table was outdated

the moment it rolled off the printing press. The

DPAP memorandum you saved to your computer

may have been superseded weeks ago. Statutes,

regulations, and policies change rapidly, but it’s your

responsibility to be informed and knowledgeable.

How can a contracting professional stay abreast of

current developments?

The key is to (a) find relevant sources and (b) filter

information. The 21st century is bloated with

information; the difficulty is sorting and distilling the

information into useful knowledge. Relevant

sources will be the fountain of your knowledge, so

make sure the stream is pure and unadulterated.

Information filtering is your method of questioning

and verifying—how you use your brain to critically

evaluate authority, context, scope, and applicability.

Relevant Sources

The Army Contract Attorneys Deskbook is an

extraordinarily helpful resource. It’s not just for JAG

attorneys; every contracting professional should use

this guidebook. Another excellent resource for a

wealth of various contracting knowledge is the

Cibinic/Nash series of books: Competitive

Negotiation: The Source Selection Process, Cost-

Reimbursement Contracting, Formation of

Government Contracts, and Administration of

Government Contracts. For the truly inquisitive,

Vern Edwards compiled an extensive list of

recommended reading for the contracting

professional. To craft clear contracts and avoid

confusing legal jargon, Kenneth Adams’ A Manual

of Style for Contract Drafting is highly

recommended.

Where in Federal Contracting or WIFCON is a

website that filters information for you. The reading

and analysis page posts scholarly articles by experts,

practitioners, and academics in the field of

Government contract law. The discussion section is

an open forum where practitioners (although not

always experts) debate issues and solve problems

collectively. The home page is a prime example of

organized information filtering: rules, memoranda,

press releases, court decisions, special reports, and

much more are all categorized by topic and/or

agency. WIFCON should be bookmarked and visited

regularly for updates.

For fiscal law, nothing beats the exhaustive GAO

“Redbook,” officially titled Principles of Federal

Appropriations Law, available for download at the

GAO website. While you’re there, be sure to visit the

bid protest subscriptions page and request daily

delivery of “Comptroller General Decisions.” Each

day, you’ll receive a concise summary of and link to

bid protest decisions. Skim the scenarios and

research further any decisions involving your field of

acquisition. Always read a protest which is

sustained, because that’s a sign the Government

made a mistake that you can avoid in the future.

GAO decisions follow a useful convention of

directly repeating the applicable rules before delving

NCMA NOVA NEWS – FEBRUARY 2016 5

into the factual analysis—this provides a convenient

encapsulation of basic contracting guidelines.

Don’t forget one of your strongest resources—your

fellow colleagues. Share information, collaborate,

and communicate. No two situations are exactly the

same, but it’s likely that someone else has

encountered a similar challenge. Seek the wisdom of

your peers. In turn, if you discover a helpful resource

or learn a valuable lesson, take the initiative and

spread the knowledge.

Information Filtering

Who wrote this? Is it official or verifiable? Is it

current? Does it apply to my acquisitions? Where

and how can I conduct further research? These five

questions should guide your analysis. Consider the

source and always verify any source that is

secondary, unofficial, or hearsay. Ensure the

information you’re reading actually applies to your

particular situation, and never hesitate to delve

deeper into a topic. Mastery comes from patience,

practice, and diligence. Excellent habits form the

basis of professional excellence.

RESOURCES CITED IN THE ARTICLE:

WIFCON LINKS FOR ANALYSIS, ARTICLES,

AND COMMENTARY

http://www.wifcon.com/analysis.htm

http://www.wifcon.com/

http://www.wifcon.com/discussion/

JUDGE ADVOCATE GENERAL LINK FOR THE

CONTRACT ATTORNEY’S DESKBOOK

www.jagcnet.army.mil/ContractLawDocLib

LINK TO MR. VERNON J. EDWARDS’ ARTICLE

THAT PROVIDES RECOMMENDED READING

http://www.wifcon.com/anal/RecommendedReading.pdf

LINK FOR THE GOVERNMENT

ACCOUNTABILITY OFFICE’S “THE RED

BOOK”

http://www.gao.gov/legal/red-book/current-edition

LINK FOR THE GOVERNMENT

ACCOUNTABILITY OFFICE’S DAILY AND

MONTHLY EMAIL UPDATES

http://www.gao.gov/subscribe/index.php

NCMA NOVA NEWS – FEBRUARY 2016 6

CHRISTOPH MLINARCHIK, JD, CFCM, is an

attorney, professional instructor, consultant, and

author of 50+ publications on contract law and

acquisitions. As owner of Christoph LLC, he teaches

courses and advises on contracting, source

selections, proposals, bid protests, and government

contract law to federal, military, and private industry

professionals nationwide—from novices to C-level

executives. Christoph was a senior contracting

officer for the Department of Defense and has

Defense contracting experience across the Air Force,

Navy, Pentagon, and Office of the Secretary of

Defense. He also previously served as an Air Force

JAG acquisitions attorney. Christoph was recently

honored with the "Top Professionals Under 40”

award by National Contract Management

Association.

Christoph LLC is available for consultation, advice,

and in-house training about Federal contracting

topics, including source selections, proposals,

Government contract law, bid protests, and more.

Visit www.ChristophLLC.com or email

Christoph@ChristophLLC.com for details.

HERE BE DRAGONS:

PART I

Managing the Risks of Market

Research Meetings with Industry

By Brian Baker, CFCM

In ancient times, cartographers inked sea monsters

and sinking ships at the edges of the known world.

These iconic symbols of danger and the unknown

indicated the physical realms within which a ship’s

crew became more than mariners. They became

explorers within uncharted seas. If you are a Federal

program manager or contracting officer, you will

find that seeking goods and services often forces you

to leave the boundaries of their known world in order

1 Latin: “Here are dragons.”

to explore the solutions that industry holds. In

planning the market research journey, consider these

simple and effective methods to reduce the risks

associated with realms best marked by the legend

“HIC SVNT DRACONES.”1

Fathoms beneath the keel of your ship, leviathans are

fitful in their sleep. Protests, Organizational

Conflicts of Interest, Procurement Integrity Act

violations: these are the monsters of the deep. In

practical terms, here is what you should know in

order to ensure a safe journey of discovery.

Name - Position - Role: Federal Team

Introductions that Don’t Create Bias

At the start of each meeting, ensure that your Federal

team only introduces themselves by name, position

within the Government, and functional role. Your

goal is to avoid any reference to prior industry

employment. The career summary introduction, or

personal elevator speech, links past areas of

experience to the current meeting goals. Though

Federal colleagues who have previously worked in

industry bring valuable experience, the danger in

articulating that industry experience lies in the

potential for your industry meeting partners to infer

bias. Industry employment and achievements have

heavy pro/con baggage depending on whether the

audience is a former ally or competitor. Avoid an

NCMA NOVA NEWS – FEBRUARY 2016 7

unintentional signal that the Government is hiring to

stack the deck by sticking with present day

Government positions and roles. (e.g., “My name is

John Cabot. I’m the Customer Service Branch Chief.

I’m responsible for all interactions involving the Tier

1 help desk.”)

Where your industry counterparts encapsulate career

achievements and prior places of employment, pay

attention to derive a sense of authority and

experience. This becomes a key indicator of the

firm’s level of investment. Conversely, the Federal

team’s authority and experience are best evident in

their statement of legitimate authority, their native

grasp of technical information, and the intelligence

of their technical questions.

Know the Boundaries: Only Speak to Publicly

Available Information

Your goal is to harvest as much information as

possible, then return to consolidate and incorporate

that knowledge into a requirement document that

may be distributed to all potential offerors via a

competitive solicitation. Many industry partners will

test your boundaries because they too are exploring.

One meeting participant from industry, after being

brought back to focus on the agenda following a

rapid-fire series of inquiries that went beyond public

information, grinned and acknowledged: “I never

know how far I get to go until you stop me.”

If you haven’t lived through the exchanges before,

they can become a cycle of deeper and deeper give

and take that leads to the inadvertent release of

nonpublic information. These leaks must be

addressed with a timely public disclosure of the new

information in accordance with Federal Acquisition

Regulations (FAR) 15.201(f). You can avoid the

release of nonpublic information by being aware of

some signs that industry meeting partners are

probing boundaries:

Abandoned Agenda: Industry takes the

discussion deliberately off agenda/topic.

Evaluation Questions: Meeting partners ask

for feedback, technical concept evaluation,

opinions, or preferences regarding solutions.

Obtaining feedback from the Government

technical experts amounts to an early

evaluation from program officials/technical

experts. Bear in mind that the program’s

technical experts have a high probability of

being on the future solicitation’s technical

evaluation team. (e.g., “Do you have a

preference for either of these approaches?")

Evaluation Factor Questions: Members of

industry ask where to focus future technical

or solicitation response efforts because of

efficiency or scarce resources. Answers

would provide early indicators regarding

evaluation factors and their relative

importance. (e.g., “Where should we really

dedicate our resources to develop this in a

way that helps you?”)

Questions About Competitors: These

questions seek identities of other

Government-industry meeting partners or of

other solution types being considered.

Answers would broadly define the

competitive field, and narrowly indicate if the

requirement will be focused toward a

particular industry, solution type, or brand.

The number and identity of perceived

competitors impacts the pricing stance,

warranties, and terms. (e.g., “What's your

projection for the number of firms that'll

propose?” “Have you spoken with…?”)

NCMA NOVA NEWS – FEBRUARY 2016 8

To ensure that the Federal team doesn’t discuss any

aspects of the procurement that have not been made

public, conduct pre-meeting planning with the

Federal team. Define the universe of information the

Government believes is known. Typically the areas

for review consist of Requests for Information and

any draft work statements or solicitation documents

that accompanied them, Industry Day briefing

materials, or published reports.

The following tactics are very effective when faced

with challenge-questions by members of industry.

Rebuff: Be honest and respond: “We can’t

answer that question at this time.”

Recap: Recap the publicly available

information and offer to point them to the

location where the public documents are

posted. Not every firm will be equally well-

informed, and depending on the size and

scope of the opportunity, the program office

will have various options to publicly post

information that won’t necessarily involve

the Government’s point of entry at

FedBizOpps (www.fbo.gov).

Ask How to Fill the Information Gaps:

Where industry is uniformly clamoring for

the same type of technical information, or

shows a trend in their misunderstanding of

key objectives/needs, ask them what form the

clarifying information should take (e.g.,

reading room, request for information with

draft solicitation documents, Industry Day

events).

In the event a member of the Government team

reveals non-public information that would be

necessary for the preparation of proposals, huddle

with your contracting officer (CO) to document the

event and ensure the public posting is made to level

the competitive intelligence available to potential

offerors. The regulations are specific:

When specific information about a proposed

acquisition that would be necessary for the

preparation of proposals is disclosed to one or

more potential offerors, that information must be

made available to the public as soon as

practicable, but no later than the next general

release of information, in order to avoid creating

an unfair competitive advantage.

- Federal Acquisition Regulations

15.201(f)

Ask Questions that Practice Technical Neutrality

As part of their exploration, your Federal team will

ask questions to map the market landscape, and to

identify industry solutions. Questions are your

spyglass and your eagle-eyed lookouts in the crow’s

nest atop the mast. The best-planned questions give

you a better view without creating pools of unequal

information among potential offerors, creating a

perception of bias among industry meeting

participants, or leading to brainstorming/transfusions

that ultimately improve an offeror’s solution. Train

NCMA NOVA NEWS – FEBRUARY 2016 9

the Federal team to use questions that give the vendor

an ability to expand or clarify. These tend to be

questions that elicit an open and expansive response.

Some examples include:

“Tell me more about…”

“What are the benefits of…”

“What are your plans for…”

“How will you overcome this problem…”

“Where do you see issues or roadblocks with…”

Avoid questions that brainstorm to improve a

potential offeror’s solution. This requires avoiding

"what if" scenarios, calling out perceived flaws in the

information from industry where that information is

central to their solution, or “trouble-shooting” in any

manner that could improve that company’s final

proposal. Brainstorming is a partnership that

benefits one company and provides a competitive

advantage for the firm across the table to the

detriment of other potential offerors. It also creates

the potential for meeting partners to infer that the

Government technical team is transfusing ideas from

one member of industry to others behind closed

doors. In concert, the idea augmentation and

potential for transfusion compromises industry

perceptions that your procurement will be fair. This

increases the odds of protests that seek to create

visibility in the Government’s solicitation and award

decision process.

Also avoid naming solutions or companies as best of

breed. This translates into an endorsement of a

solution or of a firm in front of a company that will

seek partnering relationships or subcontractors for

their proposal response. When members of the

Federal program office speak, it is with the certainty

that some of them will later be tasked as a technical

evaluator. When they say, “I really like…” or “Their

solution has been very successful…” it constitutes an

endorsement that resonates far more powerfully than

the Federal teammember may have envisioned.

In summary, bad things happen to explorers who are

unprepared for the challenges of uncharted domains.

That said it is not difficult to practice the concepts

that remove the early-stage risks of exploration and

ensure that potential offerors walk away from each

meeting impressed by the Government’s candor and

convinced that the Federal team will serve as honest

brokers. The outcome of exchanges is not just

information. It also provides a powerful signal that

a well-honed Federal team is conducting inquiries

that will bring back new technologies and services to

the benefit of this nation, under rules of engagement

that fulfill the promise articulated in FAR 3.101, for

a procurement that will be conducted with:

“complete impartiality and with preferential

treatment for none.”

NCMA NOVA NEWS:

Call for Articles

NCMA NOVA News is a monthly electronic

newsletter for the 600+ NOVA Chapter members.

It is distributed via e-mail using Constant Contact.

This is a call for article submissions with the goal of

engaging, informing and

entertaining our readers.

The first two are

mandatory… If you can

also make them smile as

they read your article,

we’ll do our best to make

you famous.

NCMA NOVA NEWS – FEBRUARY 2016 10

Guidelines for Submissions:

Articles Sought: Submit features, news

articles, and interviews that are of interest to

the acquisition community. Query for

editorials. In the query, briefly describe the

editorial issue, bullet-outline the dominant

sides of the issue, and state the position your

editorial would take.

Homage: Include a biography for each

author so that we may provide our members

with a better perspective regarding your

background, expertise, and interests.

Generally, the biography should be less than

100 words.

Word Limits: There is no word limit for

articles. Invest the time and length that fully

expands your subject in a manner that best

allows engagement and understanding for

your readers. Your readers are members of

industry and Government with 1 to 40+ years

of experience in acquisition, including many

niche areas of interest (e.g., legal, program

management, supply chain management).

Longer works (i.e., over 2500 words) are

welcome if they may be considered for serial

publication across multiple issues.

Publication Rhythm: The deadline for

consideration is the 15th of the month for the

following month’s issue. All authors receive

an opportunity to review the final draft

newsletter during the same period that the

NCMA NOVA chapter officers review the

publication.

Rights: The author/copyright holder must

provide NCMA NOVA News with one time,

nonexclusive rights to display, copy, publish,

distribute, and transmit digital or physical

reproductions for the issue or series of issues

in which the article will be presented.

NCMA NOVA News reserves the right to

refuse or edit all entries before publication.

Files: We will only consider material

provided as MS Word file types.

Send articles or editorial concepts to Brian Baker:

NCMA.NOVA.EDU@GMAIL.COM

FEBRUARY NCMA NOVA CHAPTER ANNIVERSARIES

First Name Last Name Years

Aimee Rider 1

Derek Hager 1

Lewis Hoge 1

Sara Collins 1

Steve Soroka 1

Tamar Satterwhite 1

Karen Burns 2

Mike Fox 2

Yasmine Bouanan 2

Amy Sun 3

Cara Troup 3

Charles Hall 4

Marek Sipko 4

Sean Murphy 4

First Name Last Name Years

Zachary Wilcox 4

Carrie Campbell 5

Erica George 5

James Pennock 5

LaShawn Johnson 5

Michael Rosenberg 5

Michael Warwick 5

Tracey Harriot 5

William Ferreira 5

David Rinaldo 6

Jill Kempenaar 6

Kelly Christian 6

Lisa Sheldone 7

Karen Briceno 10

NCMA NOVA NEWS – FEBRUARY 2016 11

First Name Last Name Years

John Martin 14

Paula Ireland 14

Cathy Read 15

Michelle Lanier 16

Norman Solomon 16

Keith Wheeles 17

Cataldo Capitano 18

Etta Waugh 18

Tama Francis 18

Carol Pratt 20

Daniel Walt 20

Charles Race 22

Scott Clemons 23

First Name Last Name Years

Stephen Busch 23

Francis Tavenner 26

Robert Rodriguez 26

Lenn Vincent 28

Cassandra Miller 31

David Hinson 31

Donald Shires 31

Karen Bruce 33

Jeffrey Parsons 34

Benedict Kausal 35

Linda Feeney 35

Donald Holmes 37

Brady Cole 40

Chapter Elected Officers for the 2015-2016 Program Year

President William Kirkwood

Secretary Danielle Grunwald

Treasurer Raymond Bouford

We’re on the Web! Visit us on:

NCMA NOVA NEWS – FEBRUARY 2016 12

NCMA NOVA Newsletter Staff

Editor Brian Baker

Assistant Editor/Graphics Design Connor Baker

All images used for thematic or artistic support of article content are sourced using Google Advanced Image

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provides the image location and any unique source credits requested by the license. Where an image has been

modified by NCMA NOVA News staff, it is indicated in the “Date Accessed & Rights” column.

Image Date Accessed & Rights Source Attribution

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Copyright © 2016 by Brian Baker.

All rights reserved. All articles in this newsletter are the property of their authors and may not be reprinted

without the author's written permission. For more information, please contact the newsletter editorial team at

NCMA.NOVA.EDU@gmail.com.