The New Purchasing System Review

Transcription

1 The New Purchasing System Review Presented by J.A. White & Associates, Inc. Date 17 October 2012

2 We re drowning in information and starving for knowledge. -Rutherford D. Rodgers 2

3 Goal of This Session Our Session Me Our Workshop You Course Materials 3 For Desktop Use

4 Topics This Presentation Will Discuss: Contractor Purchasing System Reviews (CPSR) New CPSR Guidelines issued by DCMA New Subcontract file documentation requirements How to prepare today for a Government review tomorrow Compliance with Public Laws, FAR and DFARS flow-down How to obtain Reps and Certs from your subcontractors Cost and Price Analysis of subcontract proposals Documenting negotiations with suppliers 4

5 Reference Materials FAR Parts 2, 15, 44, and 52 5

6 Unit 1 Topic Overview of Subcontracting Overview of Contractors Purchasing System Review 6

7 Contractual Relationships Subcontract/Purchase Order establishes relationship between prime and subcontractor Protects the rights of primes and the Government 7

8 FAR Applicability FAR speaks to contracting officers first, then to contractors mainly from the Government s point of view. Rarely does it speak to contractors relative to subcontracting guidance. 8

9 Contractual Relationships Subcontract Management tools used in Risk Management: Advance Notification/Consent Debarment Process Small Business Subcontracting Programs Flow-downs Contractors Purchasing System Review (CPSR) 9

10 Risk Management Tools Prime Contract Statement of Work Clauses Subcontract Process RFP SOW Selection of Subcontract Type Clauses (Truth In Negotiations Act/Cost Accounting Standards) 10

11 What is a CPSR? An enterprise-wide audit that: Measures how efficiently and effectively a contractor spends Government funds and; Evaluates compliance with Government Subcontracting policies, regulations and laws. 11

12 CPSR The Customer s Review Contractor s Government Business Volume Exceeds $25 Million (Excluding Competitive FFP, Competitive FFP/EPA Contracts and Commercial Item Acquisitions) Whenever an Administrative Contracting Officer or Procuring Contracting Officer specifies 12

13 CPSR The Customer s Review The CPSR ultimately provides the Administrative Contracting Officer with the insight required to determine if a contractor s purchasing system approval should be granted, withheld or withdrawn. 13

14 Contract Business System Rules Requirements of contractor business systems only apply to new contracts containing the DFAR Clauses ( and ) These clauses became effective on May 2011 DFARS , which empowers the Government to withhold payments, only apply to contracts that are also subject to CAS The final rules implementing this requirement states that contractor business systems are indicative of contractor responsibility and can be used to discern eligibility for contract awards. The 5 percent withholding is not the only remedy available to DoD. DCAA's assessments of contractor business systems aren't necessarily final. Contractors are allowed to challenge assessments of their business systems. 14

15 Scope of CPSR 15 Procurement Responsibility Certifications Sourcing and Pricing Negotiations Vendor Rating System Defense Priorities Allocation System (DPAS) Requisition Process Reps and Certs Flow downs

16 CPSR Risk Assessment: Basis for Selection CPSR Approval History Identified by PCO or ACO Increased Sales to Government Growth Pre-Award Surveys Major Programs/High Visibility Other Audits Self Assessment Activities 16

17 CPSR: Identification of Risk Factors Signs of a Weak Purchasing System Identified During Self Assessments: Inadequate Procurement Lead Time Violation of Public Laws No or Poorly Written or Implemented Policies No or Weak File Documentation Lack of Upper Management Commitment to Compliance with Procurement Regulations 17

18 Opportunities for Success or Failure 98% of firms will not pass their initial CPSR 18

19 Impact of an Unsuccessful CPSR on Contractors: Losing The Competitive Marketing Advantage and Cash Flow Impact Source Selection Implications Past Performance Implications Losing a Competitive Proposal Loss of Revenue Withhold of Payments 19

20 Impact of an Unsuccessful CPSR on Contractors: Long-Term External Compliance Oversight Impact Defense Contract Audit Agency or Inspector General s (and Other Audit Agencies) Alerted Other Audits Will Follow Possible Negative Press 20

21 Impact of an Unsuccessful CPSR on Contractors: Procedural Burdens with Project Management Impact Increase Administrative Contracting Officer Surveillance Delay in Placing Orders Increase Administrative Expenses Delayed Billings and Collections 21

22 Impact of an Unsuccessful CPSR on Contractors: Costly Internal Compliance Impact Implement Corrective Actions Change Processes Change Culture Implement Training Program Prepare for Follow-Up Audit 22

23 Impact of an Unsuccessful CPSR on the Government: Administrative/Procedural Burden Review and Approve Corrective Action Plan Review Subcontracts Initiate Additional Audits Conduct Follow-up Review 23

24 CPSR Audit Team 2 analysts from Defense Contract Management Agency (DCMA) 2 weeks on site Other analysts from DCMA and Defense Contract Audit Agency (DCAA) will review other functions - Engineering Property Small Business Inventory Control/Receiving, Inspection/QA Accounting Estimating ACO Participates in the Review Reviews are presented to in internal Board 24

25 Unit 2 Topic Source Selection Documentation 25

26 The Source Selection T Sourcing Factors Competitive Sourcing Single Sourcing Sole Sourcing Pricing Factors Competitive Pricing Competitive Pricing or Price Analysis Price Analysis or Competitive Pricing 26

27 Non-competitive Source Justification Required in accordance with: FAR The Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract. Must be signed and dated by requestor prior to award 27

28 Non-Competitive Source Justification Typical conditions where by single and sole source buys are justified include: Only One Responsible Source Unusual and Compelling Urgency Industrial Mobilization (R&D, etc.) Customer Directed National Security Public Interest Management Directed Economically Justified (Cost to qualify new source outweigh savings) Follow-on Procurement 28

29 Team Sourcing Documentation Document the Team Source Selection Decision Focus on Team Competitiveness Document Sole Source Team Members 29

30 Bridging the Documentation Gap Source Justifications Proposal Analyses Negotiations 30

31 Price Analysis Unit 3 Topic 31

32 Why Perform Proposal Analyses? Contracting Officers (buyer) shall purchase supplies and services from responsible sources at fair and reasonable prices (FAR ). Price and/or cost analyses are used to assist in the determination of the fair and reasonableness of prices and costs. 32

33 Price Analysis Price Analysis is the process of examining/evaluating a price without evaluating its separate cost elements and proposed profit. Price Analysis shall be used when cost or pricing data are not required. 33

34 Comparisons in Price Analysis Should-pay price is the price that you would expect to pay. Comparability is the quality or state of being comparable 34

35 Price Analysis- Comparison Process Select Price for Comparison Identify Factors that Effect Comparability Prices for Comparison Other Proposed Prices Commercial Prices Previously-Proposed Prices, Subcontract Prices Parametric Estimates Independent Estimates Determine Effect of Identified Factors Adjust Prices for Comparison Compare 35 Offered Prices with Adjusted Prices Quantitative Techniques to Adjust Prices Index Numbers Trend Analysis Price-Volume Analysis Graphic Analysis Learning Curve

36 Information sources Conduct Market Research Market Research Tools: Internet Industry/Government Publications Industry Contacts Trade Shows GSA 36

37 Price Analysis Documentation Background/Situation Analysis Explanation/Discussion of Method of Analysis/ Basis of Award Conclusion Signature/Date Attachments as Required 37

38 Price Analysis: Documentation Concepts Some form of price analysis in all orders Amount of detail in the analysis is relative to the dollar value complexity and circumstances SCA/Buyer knowledge is not acceptable Include previous Price Analysis and other objective evidence, as required 38

39 File Documentation Unit 4 Topic 39

40 Procurement Process Timeline PR Source Justification RFP/RFQ/RFI Proposal /Quote Price Analysis & Tech Evaluation Negotiations ACO/PCO Consent Debarment Verification Certifications PO/SubK 40

41 Multi-year Subcontracts The Contractor must consider the total potential value of a subcontract when documenting a multi-year subcontract Total potential value includes: Subcontract ceiling amount Current funding amount All Options (price and unpriced) 41

42 Split awards Avoid splitting awards to circumvent FAR requirements If it can not be avoided, use sound judgment when deciding whether to split awards. Document the decision to split awards. 42

43 Documentation Tips Provide the proper title to a document Example 1: Source Justification not Justification for Other than Full and Open Competition Example 2: Price Analysis not Price/Cost Analysis Example 3: Source Justification not Single/Sole Source Justification Example 4: Price Analysis not Price Justification 43

44 General Documentation Issues All documents Memos to file, price analysis, procurement summaries, source justifications, etc Must be properly signed, dated, and contain clear and concise information. Must Tell The Story! 44

45 For Additional Information Jeffery A. White, C.P.M., President J.A. White & Associates, Inc Garner Lane, Suite 104 Columbia, SC (fax) 45 Jeff Rankin, Vice President of Operations J.A. White & Associates, Inc Wisconsin Ave. N.W. Suite 440 Washington, DC (office DC) (office MD) (mobile)