Over the last couple of years, we have all heard significant discussions, and have likely seen a deluge of email/magazine articles around the Government’s application of flexible acquisition strategies and accordingly the application of flexible contract/agreement approaches. But when we in industry look at (or listen to) that information being presented, do we form a clear “picture” in our minds of what that means to our company as far as pursuit of an opportunity, or contracting for a subsequent “win”? On the Government side of the acquisition, are we aware of just how flexible the approaches are? Are we also aware of the risks that come with that flexibility? (Including the risks associated with unintentionally limiting industry response/competition?) To help answer these questions and others, the first class in the Innovative Contracting Series provides a survey of 23 FAR and non-FAR based contract/agreement strategies and uses. Over an additional 4 class sessions, we will explore select segments of those 23 approaches, narrowing the discussions so we can look at a greater depth.

All Sessions Second and Fourth Wednesdays from 2:00-3:30pm (ET)

Click here for the full series!

April 27 (Wednesday – 2:00-3:30 PM EDT): Innovative Government Contracting: The Innovative Contracting Landscape and “Escaping the FAR”

This class (part of the “Innovative Contracting Series”) provides a survey of contracting and agreement options which may be used by the Government to select the right contract strategy enabling focus on the intended acquisition environment, constraints, and desired outcomes. This class will cover 17 FAR based, and 6 Non-FAR based contract / agreement strategies with a focus on:

• Description of contract / agreement strategy
• Authorities for use
• Typical use
• Associated contract or agreement types allowed
• We will share a few cases of comparing contract and agreement strategy pros and cons (from a contract / agreement strategy point of view)

May 11 (Wednesday – 2:00-3:30 PM EDT): Innovative Government Contracting: Flexible Contracting with FAR Part 12 Commercial Items, and other Flexible FAR-Based Contract Options

This class (part of the “Innovative Contracting Series”) provides a “deeper dive” on flexibility provided by FAR Part 12, as well as Parts 8.4, 13, and part of FAR Part 16 contracting and agreement options which may be used by the Government to select the right contract strategy enabling focus on the intended acquisition environment, constraints, and desired outcomes. This class will focus on:

• FAR Part 12 – Commercial Items
• FAR Part 8.4 – Federal Schedules
• FAR Part 13 – Simplified Acquisition
• FAR Part 16.603 – Letter Contracts
• FAR Part 16.7 – Agreements
• For each of the five above we will discuss:
  • Authorities & typical uses
  • Associated contract or agreement types allowed
  • Select cases of comparing strategy pros and cons (from a contract / agreement strategy point of view)
  • How this can change your company pursuit strategy, or your Agency acquisition and contracting/agreement strategy
• Specialized flexible FAR based strategy topics referred to follow-on classes

May 25 (Wednesday – 2:00-3:30 PM EDT): Innovative Government Contracting: Escaping the FAR with Other Transaction Agreements and the Defense CSO Pilot (non-FAR application)

• This class (part of the “Innovative Contracting Series”) provides a “deeper dive” on flexibility provided by use of the non-FAR Other Transaction Authority (agreement) and Defense Commercial Sources Offering (Pilot) which may be used by the Government to select the right contract strategy enabling focus on the intended acquisition environment, constraints, and desired outcomes. This class will focus on:
  • Other Transaction Authority (Research, Prototype) – Non-FAR agreements (not contracts)
  • Defense Commercial Sources Offering (Pilot) – (Section 879 2017 NDAA, non-FAR Based application)
  • For each of the two above topics we will discuss:
    • History, authority, and intent
    • Use cases
    • Select cases of comparing strategy pros and cons (from a contract / agreement strategy point of view)
    • How this can change your company pursuit strategy, or your Agency acquisition and contracting/agreement strategy

June 8 (Wednesday – 2:00-3:30 PM EDT): Innovative Government Contracting: Escaping the FAR with Procurement for Experiments; and R&D Agreements (CRADAs, PIAs, and TIAs)

• This class (part of the “Innovative Contracting Series”) provides a “deeper dive” on flexibility provided by use of some lessor known Non-FAR Procurement for Experiments (agreement or contract), and R&D Agreements which may be used by the Government to select the right strategy enabling focus on the intended acquisition environment, constraints, and desired outcomes. This class will focus on:
  • Procurement for Experiments (10 USC 2373)
  • R&D Agreements:
    • Cooperative Research and Development Agreement (CRADA, 15 USC 3710a)
    • Partnership Intermediary Agreement (PIA, 15 USC 3715)
    • Technology Investment Agreement (TIA, 32 CFR Part 37)
  • For each of the four above topics we will discuss:
    • History, authority, and intent
    • Use cases
    • Select cases of comparing strategy pros and cons (from a contract / agreement strategy point of view)
    • How this can change your company pursuit strategy, or your Agency acquisition and contracting/agreement strategy

June 22 (Wednesday – 2:00-3:30 PM EDT): Innovative Government Contracting: Broad Agency Announcements and Funding Opportunity Announcements

This class (part of the “Innovative Contracting Series”) provides a “deeper dive” on flexibility provided by use of some lessor known FAR Contracts and Agreements which may be used by the Government to select the right strategy enabling focus on the intended acquisition environment, constraints, and desired outcomes. This class will focus on:

• Defense Commercial Sources Offering (Pilot) – (Section 879 2017 NDAA, FAR Based application)
• Broad Area Announcement (BAA, FAR 35.016)
• Small Business Innovative Research & Small Business Technology Transfer (SBIR, STTR, 15 USC 637c)
• For each of the four above topics we will discuss
  • History, authority, and intent
  • Use cases
  • How this can change your company pursuit strategy, or your Agency acquisition and contracting/agreement strategy
  • Discussion of Civil Funding Opportunity Announcement – and key differences with BAAs

Instructor:  Rick “A-to-Z” Agopsowicz, CORTAC Group