Fundamentals of State and Local Government Contracting

Learn How To

• Define a contract
• Describe both the buyer’s and seller’s perspectives of contract management
• Protect your organization’s technical, financial and legal concerns
• Use the contracting process to add value, limit risk and improve efficiency
• Manage contract performance in accordance with the contract

Course Synopsis

This course covers contract management at state and local government levels, including both the buyer’s and seller’s perspectives, as well as all phases of contracting, from requirements development to closeout. The course highlights key roles and responsibilities of contract management to give participants greater influence over how work is performed. They learn the principles of U.S contract law and become familiar with the 2000 Model Procurement Code for State and Local Governments, developed by the American Bar Association as guidance for state and local governments in establishing effective procurement systems.

This course shows participants how to select an adequate contracting method and contract pricing arrangement. Participants receive guidance on ensuring that contractors/subcontractors perform as required under the contract. The course also addresses effective contract negotiation and administration principles and techniques that can ensure contract management success, speed performance, and reduce risks and costs along the way. Lectures are combined with case studies, exercises and negotiation role-playing to maximize the learning experience. The course culminates with a realistic exercise in which participants apply the contracting skills they have learned.

Course Topics

1. The Contract Management Process
   1. Contract management definition
   2. Contract management’s five “Ps”
   3. Contract management process and the PMBOK® Guide
   4. Buyer and seller perspectives and steps
   5. Contract management performance
2. Teamwork – Roles and Responsibilities
   1. Concepts of agency and privity
   2. Types of authority
   3. Contractor vs. employee classification
3. Concepts and Principles of Contract Law
   1. Essential contract elements
   2. Contract terms and conditions
   3. Breach of contract
   4. Contract interpretation
4. Contracting Methods
   1. Competitive and noncompetitive contracting methods
   2. Simplified methods
   3. Formal competitive bidding
   4. Formal noncompetitive bidding method
5. Contract Pricing Arrangements
   1. Uncertainty and risk in contracting
   2. Range of contract types and distribution of risk
   3. Business objective in selecting contract type
   4. Categories and types of contracts
   5. Factors in selecting contract types
6. The Preaward Phase
   1. Buyer’s steps
   2. Seller’s steps
7. The Award Phase
   1. Buyer’s step – select sellers
   2. Source selection process
   3. Evaluation criteria, standards and procedures
   4. Buyer and seller’s step – contract negotiation and formation
   5. Best practices in contract negotiation
8. The Postaward Phase
   1. Buyer and seller’s step – contract administration
   2. Key contract administration policies
   3. Buyer and seller’s step – contract closure/closeout
   4. Types of terminations
   5. Documenting and sharing lessons learned