CON 290: Contract Administration and Negotiation Techniques in a Supply Environment

Description

This is a case-based course where students apply Contracting concepts and techniques learned in prerequisite courses to meet customer supply requirements and resolve complex Contracting issues. Special emphasis is placed on applying legal concepts from CON 216, intermediate pricing concepts from CON 170 and 270, and negotiation techniques from HBS 428. Students experience the full spectrum of Contracting processes and issues by following a supply requirement through all phases of the acquisition life cycle, from acquisition planning through contract close-out. Research, analysis, and communication skills are honed through development and presentation of a critical thinking project requiring in-depth focus on one area of Contracting. Negotiation skills are sharpened through active student participation in two simulated contract negotiations.

Learning Objectives

• For a given scenario, evaluate a contractor’s proposal using cost analysis to determine whether the price is fair and reasonable.
• Given a complex fiscal law issue, and working in a team environment, generate a strategy which will resolve that issue.
• Given an agency’s contract requirement and market research data, accurately determine the commerciality of that requirement.
• For a given fact pattern, determine whether to contract without providing for full and open competition.
• For a given agency requirement and supporting market research data, evaluate a given Justification & Approval (J&A) for FAR Subpart 6.3 compliance.
• Given an agency requirement, determine whether an undefinitized contract action (UCA) should be used to mitigate contract schedule risk.
• Given an agency requirement and supporting market research data, select an appropriate contracting method.
• Given an agency requirement and supporting market research data, select a contract type & incentive structure that motivates contractor performance while mitigating contract risks.
• Identify the major elements and components of a given solicitation.
• Given a fact pattern, select the appropriate DFARS data rights license.
• Given a complex contract requirement, apply basic negotiation techniques applicable to Government contracting in order to role-play negotiations with a contractor in a non-competitive setting.
• Given a contractor’s CPFF completion proposal and related Government audit and technical evaluation documentation, develop a Government pre-negotiation objective.
• For a given negotiation, develop a strategy for the negotiation scenario by conducting the necessary fact-finding.
• For a given previously developed pre-negotiation objective, orally present the objective to a business clearance official to obtain approval to start negotiations.
• Given an approved pre-negotiation objective, teams will perform face-to-face contract negotiations with the goal of achieving a fair and equitable deal.
• Given a fact-based scenario, determine when defective pricing has occurred so that appropriate corrective actions may be taken.
• For a given contract, develop a contract administration plan.
• Given FAR Part 42, complete a post-award orientation such that for a given contract, the contractor and the Government have a complete understanding of their roles, the contract requirements, terms, and conditions and have the opportunity to identify and resolve potential or actual problems.
• Given a contractor’s request for equitable adjustment, determine the equitable adjustment terms so that face-to-face negotiations can be conducted.
• Given a factual scenario, identify applicable the rules and steps for submitting and processing a contractor claim under the Contract Disputes Act.
• For a given fact scenario, determine whether a contemplated contract change can be made using the contract’s Changes Clause.
• For a given fact scenario, determine what alternatives are available to make a contemplated contract change if the change is not within the scope of the contract.
• For a given fact scenario, evaluate whether a given contractor request for equitable adjustment proposal is reasonable.
• For a given scenario, calculate the amount of a contractor’s lost efficiency resulting from a contract change.
• For a given contract performance scenario, evaluate the Government termination options and associated settlement methods and procedures available to the Government.
• For a given fact scenario, determine whether all requirements have been met to close out a Government contract.
• Investigate new issues and initiatives in DoD contracting.

Course Details

• Course Length – 10 Days
• Graded Materials Include: Pre-Class Assignments, Attendance, Course Exercises/Projects, and Course Exams/Quizzes
• Pre-course work Required: Yes, light reading.