Contracting for services in state and local government agencies
Author(s)
Bibliographic Information
Contracting for services in state and local government agencies
（Public administration and public policy, 148）
Taylor & Francis, c2009
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Note
Includes bibliographical references and index
"CRC Press is an imprint of the Taylor & Francis Group"
Description and Table of Contents
Description
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
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