Successful Contract Management – Part 2 of 2

 

Successful Contract Management, Part 2 of 2In Part I we discussed the importance of requesting a debrief even if you win, reviewing the contract award in its entirety to ensure that everything is accurate and contacting the Contracting Officer in writing immediately to address any mistakes within the contract award before signing.

The Program Management Review (PMR) is a meeting with key members of the Contractors Staff (Finance, Contracts, and Programs) and their counterparts on the Government side. PMRs are usually scheduled monthly or quarterly and can be held over the phone, virtually or in person. The reason this meeting is critical to contract management is because you and the customer will give and provide feedback on the status of the contract/program such as are you on schedule, within budget, are your deliverables received by the due date and last but not least is the customer happy with your performance. This meeting also provides an opportunity to bring up any issues that you as a contractor maybe facing that impacts your performance and to discuss your plan to correct these issues. If you are meeting with you customer on a regular basis and having honest and productive discussions regarding the program there should be no surprises at the end of your contract when the Government rates your performance in the Contractor Performance Assessment Systems (CPARS). This information will be used in most cases when you submit future proposals for Government contracts, so it is imperative that you read the rating in its entirety and respond accordingly. Your assessment and your response are available to any Government agency for determining your eligibility for future Government contracts.

Almost all contracts experience some issue during contract performance. These issues can be caused by the Contractor, the Government and outside sources that you have no control over. When a problem or a potential problem is discovered, you should contact the Contracting Officer immediately. You can contact the Contracting Officer via phone, but you must always follow up the conversation in writing. If the issue has been caused by the Contractor, you should take steps to get the issue resolved as quickly as possible, those steps should be documented in writing and provided to the Contracting Officer. In cases where the issue may have been caused by the Government, or forces beyond your control, after bringing the issue to the attention of the Contracting Officer, you should work with the customer on a resolution and ensure that everything is documented to ensure that it does not appear that any interruptions were caused by you or your staff. It is imperative that all correspondence between you and the Government be kept in the contract file.

In general, within six months of the physical ending of the contract, the Government will start closeout procedures. Depending on what the work was that you were performing the documents that you receive will vary. You may receive the following documents, that must be signed and returned to the customer; a statement advising that the work is complete, a statement that the final invoice has been submitted, a statement that any Government property has been returned and is accounted for, Patent reports and if you had subcontractors, the items above have been settled with the subcontractor as well.

As previously mentioned, after the period of performance has ended the Program Manager and/or Contracting Officer will provide a performance rating in the CPARS system. You will have the opportunity to review and respond to your rating, including documenting the reason and resolution for any issues.

The steps documented are high level and general rules for what is required for Successful Contract Management. Your particular situation may require more or less input to ensure the success of your contract performance.


 

Constance Jackson is the owner of Jackson Contract Solutions, LLC. Constance has more than 20 years’ experience working with small and large Federal Government Contractors, and Federal Agencies providing proposal management, contract management, training and acquisition planning.

Successful Contract Management – Part 1 of 2

Successful Contract Management, Part 1 of 2

You have won a Government contract, now what?

You have received the award letter from the Government advising that your proposal was chosen and you are the successful offeror. Congratulations! Successful contract management begins immediately after you receive the letter and the new contract for review and signature. Let’s discuss some of the steps that will help to ensure that your contract is managed successfully.

Request a Contract debrief – You should always request a debrief. The debrief request must be in writing and received from your company by the Government within 3 calendar days of receipt of the notice that you won the award. As no proposal submission is perfect, the debrief will provide an opportunity to review errors and mistakes with your submission, and will assist with creating lessons learned for future proposal submissions.

Schedule an internal kickoff meeting – An internal meeting to review the award should be scheduled ASAP. During this meeting a single POC for Contracts and the Program should be established.

Read, Review and Compare – Read the contract award in its entirety and compare your proposal submission to the contract documents to ensure critical areas such as the Statement of Work, Contract Deliverables, Period of Performance, Special Requirements, Invoicing Instructions, Contract Type, Contract Value and Funding are accurate. If any errors are found within the contract award they should be addressed with the Contracting Officer immediately in writing. (The Contract Award documents should be read and understood by Contracts, Finance, and the Program Manager at a minimum). Notes should be taken during this the internal kickoff meeting to document any questions or items for clarification which will be raised during the kickoff meeting with the customer.

Schedule an external kickoff meeting with the Customer – The kickoff meeting with the customer should be scheduled as quickly as possible to ensure that any questions or misinterpretations are addressed and to make certain that you and the customer are on the same page. Any ambiguous dates in the statement of work for contract deliverables such as “due on the 2nd Tuesday each month”, should be made as specific as possible and the interpretation of calendar days vs. business days should also be addressed to ensure that there is a firm understanding on actual due dates. During this meeting you should also establish dates for monthly or quarterly Program Management Reviews which should happen throughout the entire period of performance.

In Part II, we will discuss Program Management Reviews, Problems during Contract Performance and how they are addressed and Contract Closeout.


Constance Jackson is the owner of Jackson Contract Solutions, LLC. Constance has more than 20 years’ experience working with small and large Federal Government Contractors, and Federal Agencies providing proposal management, contract management, training and acquisition planning.

The Value of Professional Proposal Support

The Value of Professional Proposal Support - Jackson Contract Solutions, LLCThe expectation that because your business is small, your proposal cannot compete with large experienced businesses is simply untrue!  Investing in professional proposal support can ensure that your proposal submission is compliant, complete, submitted on time and professional.  While no individual or organization can guarantee that your company will be awarded a contract with local, state or federal Government, investing in professional proposal support could absolutely be the difference between new or additional business for your company and a Dear John letter from the Government advising that you were not selected as the awardee.

Compliance, completion and timeliness are the top tier reasons proposals are rejected and/or not selected for contract award.  Let us explore compliance, completion and timeliness as they relate to the Request for Proposal process with the Government.

Compliance – When your proposal is compliant, this means that you have read the entire document including the technical, management, pricing and past performance information requested and you have responded accordingly to all requirements as the Government has asked.

Completion – A complete proposal includes compliance with the requirements, the cover letter, representations and certifications, table of contents, page count, margins, font size etc. The instructions have been followed and packaged as the Government requires.

Timely – A timely proposal is one that is received by the Government on or before the due date and prior to the set time.

Professional – A professional proposal is one that is free of typos, math mistakes and grammatical errors.

The right professional proposal support can ensure that these critical areas are addressed and requirements are met by developing a compliance matrix specific to the request for proposal. This document captures the requirements, who is internally responsible for writing and provides a crosswalk to show where each requirement is addressed within the response. The development of the proposal outline ensures a complete proposal as the items that are required for compliance, and the other areas that have to be addressed are all included.  The proposal schedule is developed to ensure that your final submission is ready to go with ample time for review and corrections and delivered to the Government prior to the actual due date.

If you are unfamiliar with a compliance matrix, proposal outline and a proposal schedule, these documents are used by large contractors for every request for proposal that they respond to. Hiring a consultant to assist with your proposal support gives your small business the same tools as large businesses. While the cost varies based on the level of service required, it is well worth the investment to propel your organization to the next level in the multibillion dollar business of Government Contracting.


Constance Jackson is the owner of Jackson Contract Solutions, LLC. Constance has more than 20 years’ experience working with small and large Federal Government Contractors, and Federal Agencies providing proposal management, contract management, training and acquisition planning.

Virginia SBDC’s Small Town and Merchant Program Highlights Several Alexandria Retail Businesses

Independent retailers and restaurants are the heart and soul of small towns and main streets across Virginia. Successful retailers build vibrant downtown destinations, but they face unique challenges ranging from inventory control, advertising, merchandising and staffing, to big box competition. To help these vital small businesses, the Virginia SBDC network has developed STAMP.

Small Town and Merchant Program (STAMP)

Independent retailers and restaurants are the heart and soul of small towns and main streets across Virginia. STAMP is a comprehensive collection of workshops, hands-on initiatives, and resources designed to address the specific needs of main street retail and restaurant businesses.

Local organizations such as the Virginia Main Street program, chambers of commerce, retail and restaurant associations, and others work with STAMP to sponsor and deliver targeted and relevant guidance that business owners and managers can put to use immediately.

STAMP offers:

  • Individual, Comprehensive Retail Business Checkup and Restaurant Check-up
  • On-site business visits
  • Seminars held before or after hours
  • Complete confidentiality

This is a great video detailing the program:

Small Town & Merchant Program (STAMP)

For more information about STAMP, feel free to reach out to Alexandria Small Business Development Center today!

Upcoming Events at the Alexandria SBDC [event]

Alexandria Small Business Development Center presents June 2012 Series of Events.

We so hope you will consider attending one or more of these events designed to help your business and nonprofit thrive and grow. Please note where registration is required. Remember, there is NO FEE for attending any of these programs.

As always, please contact us with your business concerns! For all these and more, just visit our website to learn more and register/rsvp.

Brown Bag Lunch “Get More Time Out of Your Day” presented by Holly Herman of Achieving Skills Resources!

Tuesday, June 5: Do you get everything on your “to do” list finished?  Do you have interruptions that derail your whole day?  Do you ever wish you had time to accomplish more?  Do you feel like you should be more productive?  If you can’t get everything crossed off your list, you’ll learn how to double your productivity and work fewer hours.  Held in our office from noon – 1:00 pm. Register online or call 703-778-1292 for more information.  Doors open at 11:45 am.

START, MANAGE, GROW WORKSHOP “Doing Business in the City of Alexandria”!

Tuesday, June 12: Over the last few years, the City of Alexandria has implemented a number of strategic changes that have made it easier for small businesses to thrive in the City.  Hear directly from: Planning & Zoning, Code Adminstration, Multi-Agency Permit Center, Transportation & Environmental Services, Department of Finance and the Alexandria Health Department.  New City Manager, Rashad Young, will be the keynote speaker and will highlight City partnerships with its much-needed economic engine: SMALL BUSINESSES!  There will be a brief Q & A and then an opportunity to talk one-on-one with officials in breakout sessions. The event location is The Mary G. Gates Learning Center, United Way of America, 701 North Fairfax Street, 8:00 am – 10:30 am.  Register online or call 703-778-1292 for more information.

Business Development Roundtable “How to Make Referral Networking Work for You”!

Tuesday, June 19: This meeting will be held in our office at 625 N. Washington Street, Suite 400 from noon – 1:00 pm. No pre-registration is necessary. If you have any questions, contact Gloria Flanagan by email or by phone at 703-778-2961.

Social Media Counseling for Alexandria City businesses!

Tuesday, June 19 & Wednesday, June 20: We offer one-on-one social media counseling with Ray Sidney-Smith of W3 Consulting.  These 45-minute individual sessions will take place in our office. If you are interested in taking advantage of this opportunity, contact Patricia Melton by email or by phone at 703-778-2960.

Save the date for these upcoming events:

Tuesday, July 10: Brown Bag Lunch noon – 1:00 pm “Building Your Identity: Branding 101”

Tuesday, July 17: Business Development Roundtable noon – 1:00 pm Topic: TBA

Wednesday, July 18: START, MANAGE, GROW WORKSHOP 8:00 am – 10:00 am “Social Media in the Retail Environment”

 

Photo courtesy of Wikipedia

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Federal Proposal Development: Focus on Cost Proposals [event]

Start Manage and Grow with the Alexandria SBDCWhat are Government Cost Proposals?  Can your team write one that will win a federal contract?

Join us for the fourth in an interactive series of START, MANAGE, GROW your business workshops for federal contractors.

Learn the basic elements of Government Cost Proposals, including tips on the certificate of current cost and pricing data from a federal contracting expert, Sequin Lukon, Principal of The Essential Agreement, LLC.  She’ll explain the different types of cost/price proposals and the ins and outs of government procurements from a cost/price perspective.

Sequin will also discuss TINA, the Truth in Negotiations Act, and other matters that you need to know!

For more than 25 years, Sequin has offered high-level contracts advisory services to the government contractor community in both small and large businesses.

RSVP NOW

This FREE federal contracting SMART, MANAGE, GROW your business workshops is sponsored by the Alexandria Small Business Development Center and the Alexandria Economic Development Partnership.

Join us at for two hours of interactive programming in our new office Board Room, 625 North Washington Street, Alexandria, VA beginning at 9:00 AM.    

 

Save the date for these other federal contracting workshops: 
  • Tuesday, April 24: Subcontracting to Prime Federal Contractors” presented by Sequin Lukon, The Essential Agreement, LLC
  • Tuesday, May 8: “Financing for Government Contracting: The Importance of Timing” presented by Barbara Greenwald of Sheinwald Financial Strategies.

For more information these and other SBDC trainings and programs, please www.alexandriasbdc.org.

Google+ for Your Small Business [event]

Google+ logo

 

Google+ for Small Business
Technology That Can Help Your Business Grow!
February 29, 2012
9 am – 12 Noon

 

With only 20 spots for this hands-on workshop, we anticipate more demand than space.  Email or call Patricia Melton if you are interested.  Slots will be filled on a first come, first served basis, and then we’ll start a standby list.  See information below.

 

Google is the well-known search engine and leader in the Web advertising world, but if you haven’t already started seeing and hearing, they have recently launched a new service platform called Google+ and its Google relations, the +1 buttonDirect Connect and Search Plus Your World. Together, Google+allows businesses share, promote and measure the building of relationships between the business brands and the people who care about them. In this seminar and workshop, you get the best of both worlds from Alexandria Small Business Development Center. First, Ray Sidney-Smith, president of W3 Consulting, a Web and digital strategy firm for Small Business, presents a strategic overview of Google+ for small businesses. Following the presentation, Ray will walk you through the steps to launch your own Google+ pages for your business. This event is not to be missed!

 

From Google+ Pages’ site:

 

Share

 

Different people are interested in different parts of your business. Whether it’s breaking news, updates, promotions, links, photos – even talking face-to-face with groups via easy-to-use video chat –Google+ lets you easily share the right things with the right customers.

 

Promote

 

Help word get around. Put the +1 button anywhere you’d like people to be able to recommend your business, products or services to friends and contacts all across the web.

 

Measure

 

How’s your page doing, and how could it do better? Google+makes it easy to learn more about how your followers’ interactions on your page affect your brand, and your business.

 

Bring your wireless-enabled laptop, netbook, or mobile tablet (e.g., iPad). The session will be held in our boardroom, located at 625 N. Washington Street, Suite 400.  Because we expect this to close out early, we ask if you register, please attend or let us know if you cannot, so others may have the opportunity!

To register, email or call Patricia Melton, SBDC Counselor, at 703-778-2960.

 

Enter the “Retail Parking” garage via Pendleton Street for free parking.

______

Photo courtesy of Wikipedia.

Non-Competition Agreements for Small Business: Not Too Broad or Too Narrow, But Just Right

The Supreme Court of Virginia Building, adjace...

Non-competition agreements, or non-solicitation agreements, are generally clauses within employment agreements which limit employees’ ability to enter into employment or to start a business which competes with a former employer.  Under Virginia law, non-competes (sometimes called or written plainly “noncompetes”), though viewed as a restraint of trade, are enforceable if the three prongs of the non-compete–time, geography and function–are properly limited.  The non-compete terms should be broad enough to protect the employer’s business interests, but not so broad as to prevent the employee from earning a living and should not violate public policy.

 

Many times the focus on non-compete agreement terms fall on the time and geography prong.  In November, the Virginia Supreme Court squarely refocused the discussion on the function prong of the non-compete.  In Home Paramount Pest Control v. Shaffer, the Court reviewed a non-compete agreement that it had approved 22 years ago in Paramount Termite Control v. Rector.  This time the Court declared that the function provision, which the company had not changed in the ensuing time, as overly broad and the entire agreement as unenforceable.

 

The Court held that the language which stated that the former employee could not engage “directly or indirectly. . . in any manner whatsoever in the carrying on or conducting the business of exterminating, pest control, termite control and/or fumigation services as an owner, agent, servant, representative, or employee, and/or as a member of a partnership and/or as an officer, director or stockholder or any corporation or in any manner whatsoever . . .” was not reasonable because the clause effectively prohibited the employee from holding any type of job in the industry.  The reasonableness of the time and geography prongs were insufficient to save the agreement.  Under the Home Paramount, if a business wants to preclude an employee from performing any work for a competitor, then it must be ready, willing and able to prove a “legitimate business interest” to do so. That’s not necessarily an easy task.

 

So, to ease the process for small businesses, now is the time to review any non-compete clauses used in your business.  Be wary of non-competition agreement forms or templates.  What terms are permissible in a non-compete clause in Virginia may not work at all in California – and vice versa. Terms permissible 20 years ago or even 6 months ago  in Virginia are no longer workable.  Court decisions over time can and do change the law.  The laws of individual states evolve over time and the laws of each state differ.

 

All three prongs of the non-compete must be appropriately limited, reasonable and related to the position in question.  The function prong cannot be so broad that it effectively precludes the employee from performing any job in the industry from CEO to janitor or even from owning stock passively in a multinational, publicly held corporation.

 

 

Law Office of Paula Potoczak

218 N. Lee St., 3rd Floor

Alexandria, VA 22314

703-519-3733