Rate: $60-80/hr W2
Location: Milwaukee, WI
Project:
Our client's IS organization is experiencing and strong increase in demand to support the business throughout 2010. As a result the IS organization has increased it's demands for service from the VMO. The VMO has received approval to bring in 2 consultants to supplement the VMO team in order to address the increased demand and provide the level of services required. Resources will be needed through 1/31/11.
IT Vendor Relationship and Contract Negotiation Specialist
Skills/Experience
Candidate must have 5+ years experience in a large organization in IT vendor
management, contract negotiations, IT deal negotiations.
Prefer experience managing negotiations and contracts that include HW, SW,
Services, ASP's.
Responsibilities
Act as the single point of contact to specific VP organizations and act on
behalf of the VMO. Liase with the VP team to capture deal and negotiation
demands and populate the demand in the VMO deal funnel.
Work with VP team and VMO manager to determine deal priority and lead and
complete the negotiations in a timely manner.
Report status and priority both to the VMO and to the VP organization on a
weekly basis.
Build a strong relationship with the IS organization being supported as well as
the VMO team.
Negotiates and interprets the contractual terms, including pricing, service
level agreements, performance metrics, and performance incentives and
penalties, for moderate to complex vendor arrangements.
Renegotiates contracts or manages contract amendments, when necessary, to
incorporate changes to project scopes, requirements, or deliverables.
Reviews and analyzes current contracts and maintenance renewals to determine if
cost savings opportunities exist. Develops strategy and engagement plans
to execute negotiations aimed at cost reductions.
Establishes performance metrics to measure conformance to service level
agreements. Documents and educates team members regarding service level
agreements to better evaluate vendor service.
Maintains positive relationships with other business units, between IT
disciplines, and IT service providers to effectively guide the execution of IT
strategy.
Please contact:
Technical Recruiter
KForce
Professional Staffing
608-242-2052 Direct Line
608-242-2070 Fax
Search
Wisconsin Technology jobs: www.Kforce.com/wisconsinjobs
Understanding 7 CFR 3017 & 7 CFR
3018
Even
experienced procurement professionals can become confused when delving into the
world of government contracts for the first time. Code of Federal Regulations (CFR), agency
specific rules, define the responsibilities of recipients of both federal
funding and direct federal contracts. CFRs
house rules pertaining to every stage of a contract procurement relating to
government contracts. This memo only addresses
how and when recipients of federal funding, like RUS borrowers, must comply
with the debarment and suspension rules and restrictions on lobbying in their
contracts for procurement of goods and services.
Debarment & Suspension Rules
The
debarment and suspension rules grew out a response to President Reagan’s 1986
Executive Order 12549 instituting a government-wide initiative to curb fraud, waste
and abuse in Federal programs and increase agency accountability, the
Department of Agriculture drafted 7 CFR 3017 containing the debarment and
suspension rules for non-procurement transactions. Non-procurement is specifically defined in
the regulations at 7 CFR 3017.970 as any transaction, excluding direct
procurements with the federal government, including but not limited to grants,
cooperative agreements, scholarships, fellowships, contracts for assistance,
loans, loan guarantees, subsidies, insurances, payments for specified use and
donation agreements.
If
your company receives any of the above referenced government funding,
subsidized treatment or government backed guarantees, then the debarment and
suspension rules are directly applicable to your organization. As a recipient of federal funding, your
organization owes several duties to the Department of Agriculture.
First,
prior to even receiving a non-procurement award, your first obligation to the
Department of Agriculture is to certify that your organization or the principal
on the prospective project is not currently excluded or disqualified. An excluded person or entity refers to one
who has been suspended or debarred by the Department of Agriculture or any
other federal agency pursuant to each agency’s applicable regulations, whereas
a disqualified person or entity is isolated to those who have been restricted
through statutes, executive orders or any other official authorities from
participating in federal programs.
Disqualification is mandated by an official authority while exclusion is
discretionary within each agency.
Additionally, you as a prospective participant must disclose to the
federal agency from which you are applying for aid or funding whether your
organization or your principal have been criminally convicted within the past
three (3) years for conduct enumerated in 7 CFR 3017.800 or have had any civil
judgments rendered against you for conduct enumerated in the same section,
whether your organization or principal is presently indicted or charged, both
criminally or civilly, with any of the offenses referenced in 7 CFR 3017.800,
and whether your organization or principal have had a federal, state or local
contract cancelled with the preceding years for cause or default. Chiefly, the Department of Agriculture is
concerned with whether your organization has run afoul of the key standards of
good faith and fair dealing in your regular business dealings.
Your
obligation to make these disclosures to the Department of Agriculture extends
throughout the life of your non-procurement activity. For example, if you have a loan from RUS due
in 2020, your disclosure obligation extends until that loan has been repaid. In the event that your organization or
principal have a change in circumstances which would alter your initial response
to any of the disclosure inquiries referenced above necessitating a new
disclosure, you must provide the Department of Agriculture written notice of
such additional information tending to incriminate your organization. Failure to make the requisite disclosures at
any time in the process could result in the termination of the transaction and could
also potentially result in your suspension and debarment from future government
transactions in both procurement and non-procurement transactions. Debarment could be devastating to your
organization as your exclusion from all government-wide contracts could last
for up to three years.
Secondly, you have a regulatory obligation to do business
with responsible individuals when entering into “covered transactions” where
federal money is funding procurement activities for goods or services. This requirement mandates that prior to
entering into a “covered transaction,” participants in non-procurement transactions
that are using federal funds actively determine whether the individuals in
which they are about to do business are excluded or disqualified. A procurement contract for goods or services will
be considered a “covered transaction” under the regulations if a participant in
a non-procurement transaction awards a procurement contract for goods or
services and either the non-procurement award demands agency consent of all
lower tier transactions or the amount of the contract is expected to equal or
exceed $25,000. Please note that the
regulations specifically state $25,000 and make no reference to terms provided
in other federal guidelines like small
purchase threshold or simplified
acquisition threshold.
In
validating the accountability of a party to a covered transaction, the agency gives
three options for the participants making the determination: checking the Excluded Parties List System
(EPLS), collecting a certification from individuals or adding a clause or
condition to your contracts stating that the individual represents and warrants
that he or she is and will remain eligible to participate in government
contracts throughout the duration of the contract. The EPLS is a publicly available source
managed by the General Services Administration (GSA) which houses information
regarding the disqualified and excluded individuals. You may access EPLS through the Internet at http://epls.arnet.gov or subscribe to a printed version by calling the
Government Printing Office Inquiry and Order Desk at (202) 783-3238.
Finally, 7 CFR 3017.330(b) requires participants to
non-procurement transactions to mandate incorporation of the debarment and
suspension rules into all contractor’s subcontracts which either require
consent or are expected to exceed the $25,000 threshold, as well as create the
obligation on the procurement contractor to determine the accountability of all
its subcontractors in accordance with any of the methods stated above. The inclusion of these clauses in a
subcontract would not be subject to any negotiation, unless the subcontractor
simply walks away from the negotiations altogether.
In the event that you find that your organization or
principal or your business partners are excluded individuals, please be mindful
that there are regulatory procedures that allow you to seek an exemption from
the Department of Agriculture to enter into a contract or continue to fulfill a
contract (7 CFR 3017.120) or appeal the excluded status (7 CFR 3017.720 -
890). Please note that disqualification
is not appealable under the Department of Agriculture’s regulations; however
disqualification under a statutory scheme may not necessarily prevent the
Department of Agriculture from entering into a non-procurement transaction with
a participant nor will it automatically prevent a participant from entering into
a contract with a disqualified lower tier participant. The regulations emphasize disclosure allowing
some room for agency flexibility if the parties act candidly in the initial
disclosure phase.
Restrictions on Lobbying
Restrictions
on lobbying originated from the notion that it is improper for the government
to subsidize special interests. This
principle of responsible government spending attempts to ensure contracts are
rewarded fairly, thus securing the public’s trust in their government and in
their elected officials. Codified at 7
CFR 1726.17, RUS Borrowers complying with 7 CFR 1726 must adhere to the
restrictions on lobbying contained in 7 CFR 3018. These regulations place constraints on how
recipients of federal grants, loans or cooperative agreement may use federal
monies. The regulations restrict the
advocacy voice of recipients by prohibiting the direct or indirect use of funding
to “pay any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress” in connection with the
receipt, extension, continuation, renewal, amendment or modification of any
federal contracts, grants, loans or cooperative agreements.
There
are three specific exclusions from the bar on the use of appropriated funding
to lobby. First, the Department of
Agriculture allows an employee or officer to receive reasonable compensation if
acting as an agency and legislative liaison as long as the liaison’s activities
are not directly related to the federal opportunities. Pursuant to 7 CFR 3018.200(c), permissible
liaison efforts may include discussions with the agency concerning the value of
products or services, any specifics related to the terms or conditions of sale,
or the potential to adapt or create products or services for agency’s specific
use or purpose. Only prior to the
official submission for federal opportunities may the legislative liaison
discuss the proposal with the agency or provide information requested by the
decision-making branch of the government awarding the federal money.
The
second exclusion the Department of Agriculture allows on the use of
appropriated funds is for professional and technical services. According to 7 CFR 3018.205 and 7 CFR
3018.300, you may reimburse employees, officers or other contracted individuals
for professional and technical services rendered directly in the preparation,
submission, or negotiation of any bid, proposal, or application for the federal
opportunities or for professional and technical services related to your
contractual or regulatory compliance with the terms of the federal
arrangements. This exclusion is limited
to professional and technical positions rendering advice or providing analysis
that affects either the technical or legal aspects of your submission and would
not extend to those who are in professional or technical positions who are
advocating the selection of your bid or proposal. Contracted individuals who are not employees
are not required to file the disclosure discussed below of their lobbying
activities related to the federal award under which they are receiving
reimbursements if their services were employed only in the preparation, submission,
or negotiation phase of the federal procurement or non-procurement process.
The
third exclusion for utilizing appropriated funds extends to the reimbursement
for the reasonable compensation made to regularly employed officers or
employees involved in the preparation, submission or negotiation of any bid,
proposal or application for federal support.
In
making a request for agency consideration for a federal contract, grant, or
cooperative agreement that exceeds $100,000 or a federal loan exceeding
$150,000, you must certify that you have not and will not charge the government
for costs you incurred to influence your receipt or continued receipt of the
appropriated funding. In addition, you
must disclose, at the same time, whether you have made or have agreed to be
made any payments using non-appropriated funds to attempt to gain influence
over governmental decision-makers involved in managing and controlling federal
appropriations. Any subgrants, contracts
or subcontracts under any of the aforementioned federal opportunities which
exceed $100,000 must make the same certifications and disclosures concerning
their lobbying activity related to the federal opportunity under which they
have contracted.
The
regulations do not limit an organization’s ability to lobby with non-federal
resources, the regulations do require disclosure of any lobbying activities
related to the receipt, extension, continuation, renewal, amendment or
modification of any of the federal opportunities referenced above. Disclosures are collected by the head of the
Department of Agriculture and then submitted in a report to the Secretary of
the Senate and the Clerk of the House.
The reports become publicly available unless the information is deemed
sensitive because it pertains to intelligence or contains classified
information.
If
you are asking the government for a commitment to insure or guarantee a loan
exceeding $150,000, you must file a statement with the appropriate government
party indicating whether you have made or have agreed to make any payments to
influence or attempt to influence any government body in connection with
receipt of the loan insurance or guarantee.
If you have made or agreed to make such payment(s), you must file a
disclosure with the appropriate department or agency revealing the proposed or
actual amount(s), the identity of the individual(s) attempting to influence
government behavior and the government officers, employees or Members that are
potentially being influenced.
After
receipt of federally appropriated money, you must determine at the end of each
calendar quarter whether any events have occurred which materially affected the
accuracy of the information previously certified to or disclosed to the federal
agency. The regulations give examples of
material changes to include an increase of $25,000 in the amount of private
funds given to influence the receipt of federal funding, a change in the person
lobbying, or a change in the parties being lobbied.
There
are costly ramifications for noncompliance.
Failure to abide by the lobbying restrictions or amend the disclosures may
result in a civil penalty of not less than $10,000 per infraction not to exceed
$100,000. In addition, the federal
government reserves the right to pursue other remedies, possibly criminal
sanctions, for the same conduct that was the basis for the imposition of any
civil penalties.
Conclusion
If already receiving a federal grant of money, whether it
is a loan, grant or cooperative agreement, you should consult the terms
specific to your agreement before looking to the regulations. The regulations contain a standard for
conduct, however, each agency reserves the right to set conditions for
receiving funds within the actual award documents. Remember the intent of these regulations is
to foster the public’s trust which rests upon the government being openly
accountable for its decisions to enter contracts with responsible individuals
like you. Therefore, you must be
particularly cognizant of the public’s trust when carrying out obligations
under government contracts.
10+ years in supply chain or procurement (indirect)
Please contact the recruiter, Deborah Russell, with your resume and a 5-year compensation history. Her contact info follows. She tells me that this position also has growth potential. So as to not waste her time or yours, please make sure you're a real close fit to the job profile before you contact her.
Purcell International Group
Direct Line: 310-914-8285
Fax Line: 310-478-2711
E-Mail: drussell@purcellintl.com