1. I Was Just Awarded a Contract! Now What Do I Do?
Donald E. Shannon PMP, CFCM, CPCM, Fellow

2. Before You Sign
Read/review the draft (or model) contract and all attachments
Does it agree with your proposal
Dollars and dates agree with proposed or negotiated terms
Have requested changes been made
Are clauses correct for the type contract

3. Requesting Changes Put them in writing
Support request with factual material
Administrative error
Exceptions
Inappropriate clause or verbiage

4. Signing (see FAR 4.1)
Individual. Signs in their own name. If dba follow their signature with “an individual doing business as [name of firm]
Partnership. Signed in the partnership’s name. Contracting Officer has right to request list of partners authorized to bind the firm.
Corporation. Signed in corporate name followed with “by” and the signature/title of the signing official.
Joint Venture - signed as above by each member of the JV

5. Authority to Bind
Is the individual signing the contract authorized to commit the firm?
Owner or sole proprietor
General Partner
Authorized by office and/or letter of appointment
Agents must be able to prove authority to bind to Contracting Officer

6. Fully Executed Contract
Once the contractor signs they return to Contracting Office
Contract is signed on behalf of the government by contracting officer
“Fully Executed” copy returned to contractor
Work done prior to receiving fully executed contract is ‘at risk’ and may not be unpaid

7. Contract Kick-off With Government (e.g., Pre- construction etc)
Review specific terms and conditions including Davis - Bacon or Service Contract Act
Identify contract reporting requirements / deliverables
Review SOW and Schedule

8. Contract Kick-off Internal meeting
Introduce all team members and roles including subcontractors
Review Statement of Work, Project Plan and schedule
Review contract requirements such as safety and security
Identify deliverable items and work breakdown structure
Establish account codes (as necessary) and allocate budgets

9. Subcontracts Award subcontracts to other team members
Ensure Contracting Officer consent to subcontract is obtained
If you have an approved purchasing system then only contracts specified in xx need consent
If you do NOT have an approved purchasing system then consent required for all actions over the simplified acquisition threshold or as specified in xx

10. Subcontracts
If contractor has an approved purchasing system read Clause (d) for limitations e.g., “the Contractor nevertheless shall obtain the Contracting Officer’s written consent before placing the following subcontracts:”
Ensure subcontracts are competitively awarded. Note: Subcontracts proposed with team members are assumed to be competitively awarded.
Modifications to subcontracts could require CO consent

11. Communications
Communications plan for internal and external stakeholders
All contractual communication goes through single point
Deliverable items have transmittal letter
If contractually related requirement does not come from CO it is not official/binding.

12. Communications COR/COTR may issue “Technical Guidance”
COR/COTR must be designated in writing by CO
Guidance must be in writing to be binding
Guidance may not change schedule, cost, or quality requirements but may clarify or elaborate on existing technical requirement(s)

13. Communications Establish a communications log and document
Telephone calls (include a summary if needed)
Meetings (include minutes)
Letters or memos (include tracking or log number)
Maintain correspondence log and attachments as part of contract file

14. Record Keeping Information should be stored in a contract file
Files may be kept on paper or electronically
Accounting records may be maintained separately
Contract file should be neat, orderly and document decisions or actions with respect to contract

15. Contract File Contents
Pre-award information
Solicitation and Proposal with all amendments and attachments
Correspondence including clarifications
Record of discussions / negotiation

16. Contract File Contents
Model contract and information concerning requested changes
Letter contract
Fully executed contract and all modifications
Authorization to proceed (if applicable)

17. Contract File Contents
For ID/IQ contracts
One file for the basic contract
Additional files for task orders/delivery orders
Copies of contract deliverable items and/or transmittal letters
Information pertaining to purchases and subcontracts

18. Contract File Contents
Contract value and funding worksheet
Copies of invoices and vouchers
Listing of government property
Special permissions
Operate government vehicles
Purchase from government sources

19. Contract File Contents
Performance documentation
Direction from Contracting Officer or COR/COTR

20. Do the Work Begin performance of the contract effort
Maintain accurate records of the work done
Time sheets and payroll information
Record of inspections or acceptance
Record of rework to correct deficiencies

21. Measure and Report Progress
Submit periodic performance reports as required by the contract
Update schedule to show planned vs actual performance
Evaluate spending vs. budget or spend plan
If incrementally funded prepare limitation of funds/limitation of cost notices
Create estimate at complete and determine if work can be completed within ceiling/value.

22. Deliver Products
Deliver on time, to the correct location and use the prescribed transportation
Accompany delivery with appropriate documentation
Obtain a copy of government inspection or acceptance documentation confirming delivery

23. Invoice
Prepare and certify invoice / payment voucher per contract guidelines
Provide supporting documentation
Certified payrolls
Delivery receipts
Submit to address specified in contract via approved method (WAWF or paper copy)

24. Control Scope Creep
Contractor only obligated to do the work in the contract
Excess work may not be paid
Beware of unauthorized individuals requesting changes
Forbearance may set undesirable precedent

25. Control Scope Creep
Constructive change -- “Verbal or written acts or omissions by an authorized government official that are of such a nature that they have the same effect as a change order”
Contractor MUST notify co in writing they believe direction constitutes a change
Unauthorized procurement
“Authorized official” directing change may really not be authorized to do so
Only the Contracting Officer is empowered to obligate the government

26. Changes Clause
Modifications (changes) can only be issued by authorized individual e.g., contracting officer
Contractor required to implement change upon notice (which could precede actual modification)
Contractor may (but does not have to) be asked to propose cost for additional work before modification
If change/modification is issued unilaterally by C.O., then contractor may request equitable adjustment of contract value

27. Disputes
If modification (value usually) can not be satisfactorily negotiated then a dispute ensues
Disputes will be remedied by the disputes clause in the contract.
Arbitration
Mediation
Litigation

28. Claims
If dispute not resolved to contractor’s satisfaction they may file a claim
Claim is reviewed by CO
CO issues “final determination”
Contractor may sue if determination is adverse

29. Contract Close-out
Physical Completion - All deliverable items received and accepted
Settle all subcontracts
Release of liens
Payment
File necessary reports e.g., patent, royalty, technical reports

30. Contract Close-out Final Indirect cost rates and final invoice.
Disposition of government property and classified information
Completion invoice
Any Value Engineering Change Proposals settled.
Allowable cost audit (cost type contracts)
Final Indirect cost rates and final invoice.