Contracting for Services in State and Local Government Agencies
Features
- Presents the contracting process in a sequential manner for easy reference
- Assembles the best elements of RFPs and service contracts from numerous state and local agencies
- Includes an explanation of each line of language in each document
- Discusses how to objectively evaluate proposals and review contracts
- Covers practical problems such as dealing with underachieving contractors
- Includes working templates on CD-ROM for easy adaptability
Summary
The First Complete Contracting Reference/ Textbook for State and Local Agencies
Federal contracting officials have a comprehensive resource in the Federal Acquisition Regulations (FAR) to guide them through the arduous contracting process; however, until now there has been no such counterpart for state and local government agencies. Contracting for Services in State and Local Government Agencies is the first reference book of its kind specifically designed to provide state and local administrators with a concise authoritative resource on contracting for services.
Draws from the best features of existing RFPs and contracts nationwide
In preparation for writing this book, author William Sims Curry contacted all 50 state governments, as well a large selection of city and county governments, and asked them to participate in the development of templates for Requests for Proposals (RFPs) and service contracts. These agencies were asked to complete a questionnaire and provide copies of their RFP and service contract templates. Out of their contributions, the best features from each were incorporated into the Best Practices RFP and Service Contract, which are presented here in this volume. The templates can be readily downloaded from an included CD-ROM. These can be fully adapted to meet any specific need. In the text, both of these documents are examined, line by line, with the author explaining specific language choices.
Guides you through the contracting process, step-by-step
In addition to these model documents, additional techniques and tools are introduced to assist agencies in improving their services contracting programs. The book is presented in the sequence of the contracting cycle, beginning with advance contract planning and proceeding to pre-solicitation, solicitation, proposal evaluation, negotiation, and award through contract administration and closeout.
By adopting the techniques in this book, state and local agencies will be able to effectively contract for services, get the best price available, and get important jobs done on time.
Table of Contents
The Contracting Cycle and Advance Contract Planning
Chapter Objectives
Introduction
Essential Elements of a Contract
Attributes of Contracts for Services
Participants in State and Local Government Contracting Process
Best-Practices Research
Phases of the Contracting Cycle
Pre-solicitation
Solicitation
Proposal Evaluation
Contract Award
Contract Administration
Contract Closeout
Advance Contract Planning
Availability of an Agency Web Site
Web Site Provided for Management of Pre-proposal Communications
Dollar Threshold where Sole Source Justification is Required
Preference Not Given to Local Contractors
The Words "Proposal" and "Bid" Are Not Used Synonymously
Reference to Companies Solicited as Contractors or Prospective Contractors
Word Used That Best Compels Contractors to Perform Tasks
Weighted Criteria Established for Evaluation of Proposals
Price Stated as One Criterion for Evaluation of Proposals
Format Specified for Proposals
Page Limit Established for Proposals
Model Contract Included in the RFP
Acceptance of Late Proposals
Proposals Opened in Confidence
Conclusion
Note
Competition and Socioeconomic Contracting
Chapter Objectives
Introduction to Competition in Contracting
Disadvantages of Sole Source Contracting
Challenges to and Benefits of Embracing Competition
Dollar Threshold where Sole Source Justification is Required
Justification for Sole Source Contracts
Introduction to Socioeconomic Contracting Programs
Equal Opportunity Techniques for Developing a Successful Socioeconomic Contracting Program
Establish an Incentive Awards Program
Motivational Training for Contracts Professionals
Managers Encourage Use of Targeted Companies
Participate in a Supportive Organization
Establish Rapport with Targeted Companies
Provide Direct Assistance to Targeted Companies
Promote Internal Networking
Incorporate Program Support as Part of Job
Responsibility
Conclusion
Notes
Solicitation Documents: Information for Prospective Contractors
Chapter Objectives
Types of Solicitations
Best-Practices RFP
Cover Page
Table of Contents
Notice to Prospective Contractors
Comments and Questions
Communications with Agency
Accommodations
Confidentiality of Proposals
Contact Information
Address and Due Date for Proposals
No Public Opening
Questions Regarding this RFP
Contractors without E-Mail Access
RFP Addenda
Questions and Responses Posted on Web Site
Introduction
Background
Scope of Work
Contractor Selection Process
RFP Release
Due Date for Receipt of Questions
Paper and CD-ROM Versions of Proposals
Due Date for Proposals
Opening of Proposals
Evaluation of Proposals
Presentations, Discussions, or Negotiations
Right to Reject Proposals
Weighted Evaluation Criteria
Debriefing
Protests
Agency Rights
Conclusion
Note
Solicitation Document: Proposal Requirements and Preparation Guidelines
Chapter Objectives
Proposal Format
Past Performance
Financial Stability
Risk Assessment
Project Plan
Outsourcing
Life-Cycle Cost
Life-Cycle Cost Format
Certifications
Prospective Contractor Certification
Certification Regarding Lobbying
Certification of Compliance with Pro-Children Act of 1994
Certification Regarding Debarment, Suspension,Ineligibility, and Voluntary Exclusion —Lower Tier Covered Transactions
Certification of Cost or Pricing Data
Proposal Preparation Instructions
Exceptions
Oral Explanations
Reference to Other Data
Elaborate Proposals
Desired Recycling Considerations
Cost for Proposal Preparation
Time for Acceptance
Right to Submitted Material
Prospective Contractor’s Representative
Subcontracting
Proprietary Information
Historically Underutilized Business
Accommodations
Model Services Contract
Conclusion
Notes
Management of Pre-Proposal communications and Evaluation of Proposals
Chapter Objectives
Introduction to Management of Pre-Proposal Communications
Alternative Methods for Managing Pre-Proposal Communications
Pre-Proposal Conference
Questions Posed Verbally
Letter, Overnight Courier, and E-mail
Providing a Web Site for Posing Questions and Posting Agency Responses
Submitting Questions via E-mail and Posting Questions and Responses to the Web Site
Introduction to Evaluation of Proposals
Predetermined Numerical Scales
Specific Adjective Scales
Color Code Scales
Narrative Description
Ranking Method
Evaluating Proposals with Weighted Criteria
Conclusion
Protests
Chapter Objectives
Introduction to Protests
Preventing Protests
Policies and Procedures for Dealing with Protests
The Inclusion of Protest Procedures in Solicitations
Coordination with Legal Counsel
Requests for Public Records in Conjunction with Protest
Unconventional Protests
Blindsiding
Firm Not Solicited
Conventional Protests
Making a Determination on the Merits of the Protest
Read the Protest
Read the Solicitation
Read the Proposal Evaluation Team Instructions
Review the Policy and Procedures
Review the Proposal Evaluation Record
Finalize the Questions for Proposal Evaluation Committee Members
Interview Proposal Evaluation Committee Members
Synthesize the Information to Make a Determination
Document the Determination
Conclusion
Contract Negotiations, Ethics, and Conflicts of Interest
Chapter Objectives
Introduction to Negotiations
Ethics for Government Negotiators
Requesting a Best and Final Offer (BAFO)
Assigning Roles to Negotiation Team Members in Interactive Negotiations
Preparing for Negotiations
Objectionable or Unacceptable Contract Provisions
Applicable Law and Forum
Exorbitant Late Fee
Onerous Indemnity Provisions
Termination
Insurance
Reimbursement
Cost Plus a Percentage of Cost
Contract Changes
Nondiscrimination
Inspection
Conflict of Interest
Data Rights
Automatic Renewal
Develop the Negotiation Plan
Conducting Negotiations
Dealing with Difficult Situations during Negotiations
Concluding and Documenting the Negotiations
Introduction to Ethics and Conflicts of Interest
Organizational Ethical Standards
Threshold for Unacceptable Gratuities
Zero-Tolerance Policy
Scenario Involving a Newly Hired Employee
Yet Another Ploy to Make Government Employees or Officials Feel Committed to a Particular Contractor
Government Employees or Officials Who Initiate Consideration of Gratuities
Personal Ethical Standards
Conclusion
Contract Document
Chapter Objectives
Essential Elements of Contracts and Types of Contracts
Best-Practices Services Contract
One-Page Contract Format
Preamble
Recitals
Incorporation of Documents
Execution
Contract Attachments
Insurance Provisions
Scope of Work
Terms and Conditions
Conclusion
Notes
Contract Terms and Conditions
Chapter Objectives
Contract Terms and Conditions
Term
Termination for Default
Force Majeure
Liquidated Damages
Termination for Convenience
Termination Transition
Contractor Reimbursement
Payment Terms
Set-Off
Agency Project Manager
Key Personnel
Independent Contractor
Confidentiality and Ownership
Indemnification
Insurance
Amendments
Waiver of Rights
Compliance with Laws
Americans with Disabilities Act
Health Insurance Portability and Accountability Act
Nondiscrimination
Drug-Free Workplace
Workers’ Compensation
Contractor’s Standard of Care
Care of Property
Advertising
Performance Evaluation
Inspection of Work and Project Site
Applicable Law and Forum
Successors and Assigns
Subcontracting
Unallowable Costs
Audit, Employee Interviews, and Document Retention
Remedies not Exclusive
Conflict of Interest
Contractor Integrity
Political Contribution Disclosure
Assignment of Antitrust Claims
Payment of Taxes
Officials not to Prosper
Copyrights
Budget Contingency
Counterparts
Severability
Notices
Titles, Headings, or Captions
Entire Agreement and Survival of Provisions beyond the Contract Term
Conclusion
Short-Form Contracts, Short-Form RFPs, Emergencies, and Letter Contracts
Chapter Objectives
Short-Form Contracts and RFPs
Simplification of the RFP
Simplification of the MSC
Simplification of the Terms and Conditions
Amendments to Short-Form Contracts
Contracting for Services to be Provided during Emergencies
Letter Contracts
Award of Letter Contracts due to Unanticipated Needs during an Emergency
Competitive Emergency Contracting
Scope of Work
Cost Control
Terms and Conditions
Authority to Award Letter Contracts
Definitization of Letter Contracts
Conclusion
Contract Review, Execution, and Audit
Chapter Objectives
Contract Execution by Contractor
Contract Review
Contract Review by Contract Management Staff
Contract Review by Financial Management Staff
Contract Review by Legal Counsel
Online Contract Review
Hard-Copy Contract Review
Contract Execution by Contracting Agency
Distribution of Fully Executed Contracts
Contract Audit
Conclusion
Contract Administration and Closeout
Chapter Objectives
Contract Administration
Approval of Contractor Billings
Managing Contractor Cost and Schedule Performance
Contract Amendments
Managing Completion of Milestones and Deliverables
Reacting to Substandard Contractor Performance
Contract Closeout
Contractor Performance Report
Relief of Financial Encumbrances
Records Retention
Conclusion
APPENDICES
A Glossary of Terms
B Best-Practices Research Project
C Advance Contract Planning Topics Not Included in Best Practices
D Instructions for Completion of the Sole Source Justification/Approval Form
E Best-Practices Request For Proposals (RFP)
F Model Services Contract (MSC)
G Short-Form RFP with Short-Form Contract
H Reference Checklist
I Evaluation of Proposals in Response to RFP
J Tables Used in Proposal Evaluation Process
K Sample Letter Contract
L Sample Show Cause Letter
M Sample Contractor Performance Report
N Estimate at Completion
O Contract Amendment
P Short-Form Contract Amendment
INDEX
Editorial Reviews
… a guide for government officials who want to make sure that the deals they seek to secure with private businesses aren't ones that lead to poor decisions and corruption. On the government side, contracts should always defend public interest and avoid wasteful spending while maintaining a level of quality, and William Sims Curry writes on how to avoid the worst of decisions with simple principles and how to avoid being exploited by private industry. … a must for any government official.
—James A. Cox, Editor-in-Chief, Midwest Book Review, in Library Bookwatch, March 2011
