Government Contracting ─ Promises and Perils

A guidebook through the minefield of government contracting and procurement, Government Contracting: Promises and Perils describes the dangerous practices commonly applied in the development and management of government contracts and provides advice for avoiding the sort of errors that might compromise their ability to protect the public interest. It includes strategies for increasing profits for government contractors, rather than incurring burdensome costs, through compliance with government mandated subcontracting and financial management systems.
Drawing from his indepth investigation of government agencies across the country, the author examines present-day scenarios that regularly lead public servants and government committees to manage contracts with tools that are less than optimal and to select contractors that may not be the best qualified. He then delineates practical processes, contracting documents, and contract management tools to mitigate detrimental outcomes and alternative approaches to supplant the imperfect methodologies.
The author includes a CD-ROM with the book that provides a number of practical tools that you can apply as well as examples of contracts and templates that are the best he discovered during his research. The book also outlines an approach for performing advance contract planning, conducting contract negotiations, and administering contracts useful when planning for the management of the contracting process throughout the contracting cycle, negotiating a contract that protects the interest of all contracting parties, and ensuring successful contractor performance.
The book includes a "Government Procurement Corruption Wall of Shame" that illustrates the myriad perils and stumbling blocks such as conflicts of interest, duplicity, favoritism, incompetence, kickbacks, and protests that government workers fall prey to.. Filled with best practices that protect you from nefarious, amateurish, and criminal mistakes that frequently lead to difficulties with harsh consequences, the book does not end its coverage with discussions of corruption, mismanagement, and ineptitude, but provides practical processes and strategies to diminish the negative impacts from these government contracting perils.

John Dobriansky, CPCM, NCMA Fellow, National Contract Management Association
Greg Sanger, PhD, SpectraSensor
M. Ernita Joaquin, PhD, Univesity of Nevada-las Vegas

Big Picture — Big IssuesThe Big Picture: International Implications of Procurement CorruptionThe Scourge of Procurement CorruptionCorruption AvoidanceConclusionNotesProcesses and Issues in ContractingThe Contracting Cycle: Overview of the Contracting ProcessConsequences of Failed Contract PlanningProgram Success through Effective Contract PlanningRobust Contract Planning’s Contribution to Efficiency and EthicsConclusionNotesEthics in ContractingGlobal Need for Ethical Government ContractingPummeled by Corruption: Consequences for Government and ContractorsOptimal Government Service and Increased Contractor ProfitEssential Features for Ethical Contracting ProgramsConclusionNotesSole Source or Competition?Appeal of Competitive ContractingEstablishing a Favorable Environment for Competitive ProcurementFailed Competition Fosters Corruption and Diminishes BudgetsMultiple Benefits of Full and Open CompetitionConclusionNotesSocial Objectives through Government ContractingSocial Contracting FundamentalsFailed Social Contracting Creates Exposure to CorruptionEstablishing an Effective Social Contracting ProgramGovernment Goal Achievement and Improved Contractor Profitability through Successful Social ContractingConclusionNotesSolicitations and Pre-Proposal CommunicationsSolicitation FundamentalsFailed Management of Pre-Proposal Communications and Protest VulnerabilityContent of the Best Practices RFPSuperior Contractor Selection and Protest Avoidance with Best Practices RFPErrant Contractor Selection and Corruption Exposure with Deficient RFPPromises of Well-Managed Pre-Proposal CommunicationsProtest and Fraud Avoidance through Well-Managed Pre-Proposal CommunicationsConclusionNotesProposal EvaluationProcess for Selecting the Best ContractorOptimizing Contractor Selection with Weighted Proposal Evaluation CriteriaEffective Reaction to Protests from Aggrieved ContractorsOvercoming the Perils of a Deficient Proposal Evaluation ProcessPerils of Selecting a Marginal ContractorRewards of Selecting the Superior ContractorConclusionNotesContract AdministrationContract Administration FundamentalsInvoice Analysis for Avoiding OverpaymentsA Process for Forecasting Contract Cost OverrunsMaintaining Program Integrity by Effectively Managing Contract ModificationsEnsuring Timely Milestone Completions and DeliverablesEnergizing Underperforming ContractorsThreat to Program Success from Flawed Contract Administration Administering Contracts to Promote Program SuccessImproved Profit, Quality, and Timeliness for Government ContractorsConclusionNotesContracting During EmergenciesFundamentals of Emergency ContractingPrivate-Sector Contributions to Emergency ResponseImproved Delivery and Quality while Controlling Emergency Contract CostsNeed to Establish Response Mechanism in Advance of International EmergenciesObtaining Private-Sector Buy-In to International Emergency Response MechanismFailed Emergency Response and Corruption Exposure from Deficient PlanningProtecting Lives and Property during Emergency ResponseConclusionNotesContract Completion and AuditFundamentals of Contract CompletionContractor Performance EvaluationsFundamentals of Contract AuditingDeficient Performance Evaluations and Audits Perpetuate FailureUtility of Effective Contractor Performance EvaluationContributions of Effective Contract AuditingBenefits of Effective Records Retention, Performance Evaluation, and Contract AuditingPromises and Perils Following Completion of Contractor’s ResponsibilitiesConclusionNotesAppendix: Glossary of Terms