|
|
MARCH 2008 |
NCMA
ETI Professionals,
Inc.
2007-2008 Board of Directors
|
President Emeritus/Graalman Chair 303-236-9560 |
Denver Chapter President 720-286-2552 |
|
President-Elect 303-381-8000 |
Secretary and Registrar 303-634-4428 |
|
Treasurer 303-707-8545 |
Newsletter Chair 303-676-3516 |
|
Membership Chair 303-533-4140 |
Education Chair 303-939-7804 |
|
Employment Chair 303-277-1444 |
Facilities Chair 303-969-2473 |
|
Symposium Chair 303-676-3595 |
Scholarship Chair 719-579-9474 |
|
Nominations Chair 303-445-2442 |
Program Chair & Volunteer Coordinator 303-391-8567 |
|
Corporate Sponsor Chait 303-969-2114 |
Awards/Fellows Chair 303-391-8567 |
|
Webmaster 303-937-6979 |
Publicity/Photographer/Historian Chair 303-445-2403 |
2007-2008
Board of Advisors
Sue Bienulis
CH2M Hill
|
Leigh Ann
Bunetta GSA |
|
Ken
Degenhart Kaiser-Hill
Company, LLC |
Brad
Duchein Northrop
Grumman Corp. |
|
John Godzac Ball
Aerospace & Technologies Corp. |
Tom Hohman Lockheed
Martin Corp.(Retired) |
|
Bill Ingram |
Thomas A.
Lemmer |
|
C. Richard
Pennington |
Karla
Smiley Bureau of
Reclamation |
Missed
connections? If you are not receiving email notifications
relating to Denver Chapter events and newsletter postings, please email Stacey
Gustus or call her at 303-634-4428 to be added to this private email
distribution list.
Monthly Meetings
MARCH Meeting
On Tuesday, March 11, 2008 the NCMA Breakfast
meeting will be held at the Marriott Denver West The NCMA Denver Chapter is pleased to have Jerry Murt
(Sales and Marketing Manager) and Gary Moser (Senior Project Manager/Estimator)
with Custom Environmental Services, Inc. present "Environmental Contractors
Defined and How They Relate." This
presentation is an overview of what the service is, how it relates to business,
when it may be needed and how it may relate to the contract manager's
world. This breakfast (eggs, bacon,
potatoes, fruit, coffee and juice) will be held on Tuesday,
March 11, 2008, at the Marriott Denver West (I-70 and
Boulevard exist),
Registration/networking begins at 7:30 a.m., breakfast
at 8:00 a.m.,
speakers at around 8:20 a.m., ending no later than
9:00 a.m. The cost
is $18. Please
register no later than noon on Friday, March 8, 2008.
We are trying on-line registration/pre-payment (by
credit card) for
this meeting. We are trying on-line
registration/pre-payment (by credit card) for this meeting. Please use the attached link
https://www.123signup.com/register?id=txhkn
to register. Hope to see you there!
February’s Meeting
Over twenty (20) Members and Guests of the Denver
Chapter attended the Valentine’s Day luncheon meeting presentation that was
made by Eric Fernandez, Executive
Director of Corporate Sponsorships for AT&T who discussed his experience in negotiating sports and entertainment
contract and athlete endorsements, including an overview of the general
approach for negotiating these types of agreements and specifically within the
contracts what (and why) do we negotiate.
Twenty-Two members attended this fascinitating Valentine’s Day presentation.
Future
meeting are tentatively scheduled as follows:
April 10 (monthly meeting or NES)
May 8 (monthly meeting)
June 12 (monthly meeting)
The
Fellows and
Awards
The due dates for the first National
awards for the Chapter year are upon us.
Future Newsletters will provide additional information on upcoming
awards with the associated deadlines for application as follows:
|
April 15 |
Albert Berger Outstanding Chapter Leadership Award |
Special recognition for superior chapter leadership |
|
First Week of June |
NCMA/ICAF |
Recognition of outstanding research in the contracting/acquisition area |
From
the Scholarship Chair
March, 2008
Scholarships
Available
The Chapter still has Scholarship money to give away! If you are interested, there are scholarship opportunities to provide funding for (i) membership dues to the NCMA Denver Chapter, (ii) continuing education for current Chapter members, and (iii) college scholarships for anyone interested in contracting as a career. If you or anyone you know is interested in a scholarship, please contact the Scholarship Chair, Corey Sanchez at 303-634-4000 or at csanchez@mckennalong.com.
From the Education Chair
March, 2008
AUDIO SEMINARS:
The
Please note the topic, dates and locations for the upcoming
seminars through June, 2008.
|
All audio seminars will be held at: *McKenna Long &
Aldridge LLP, Ball Aerospace ( Addresses shown below. |
||||||||||||||||||||||||||
The addresses for the host locations
are:
Ball
Aerospace & Technologies Corp.
Ball
Aerospace & Technologies Corp.,
McKenna Long & Aldridge LLP, 1875 Lawrence Street, Suite 200, Denver, CO, 80202
National
Park Services,
United Launch Alliance, LLC, 9100 East Mineral Circle, Centennial, CO 80112
If you have any questions or concerns, please contact Blake Couture at dcouture@ball.com or 303-939-7804.
We are actively
seeking a third Host Facility to sponsor the Audio Seminars that is south of
the Mason/Dixon Line (
Your Denver NCMA Chapter reimburses the Host Facility for the expense of the seminar in exchange for providing venues for our membership to gather, hear and interact with one another members over a seminar topic.
You will be notified in advance regarding the time and location(s) of “out of cycle” Audio Seminars.
Certification Study Groups
If there is any interest in participating in a certification study group, please forward your interest to dcouture@ball.com. List what module you are studying for, what is a good time for you to meet with others, your general location, do you have the study materials, etc.
Another option is to set up a net meeting and participate in study groups via the web and chat room interactions. Please let me know if this would be of interest to the membership.
Please see the local Denver NCMA webpage – Education Section for information related to Certifications.
It is that time again - The Top Most Negotiated Terms in 2007
These are the top negotiated terms for 2007 per the IACCM – which is the International Association for Contract and Commercial Management. Notice the continued focus on failure related provisions – versus – success based terms.
|
|
Top 30 Terms in 2007 |
▲▼ |
2006 |
2005 |
2004 |
2003 |
2002 |
|
1 |
Limitation of Liability |
- |
1 |
1 |
1 |
1 |
1 |
|
2 |
Indemnification |
- |
2 |
2 |
4 |
10 |
3 |
|
3 |
Price / Charge / Price Changes |
▲ |
4 |
6 |
3 |
5 |
7 |
|
4 |
Intellectual Property |
▼ |
3 |
3 |
5 |
3 |
2 |
|
5 |
Termination (cause /
convenience) |
- |
5 |
7 |
7 |
7 |
5 |
|
6 |
Warranty |
- |
6 |
5 |
2 |
2 |
6 |
|
7 |
Service Levels |
▲ |
11 |
10 |
13 |
- |
- |
|
8 |
Payment |
▲ |
9 |
4 |
6 |
4 |
11 |
|
9 |
Delivery / Acceptance |
▼ |
8 |
9 |
8 |
12 |
13 |
|
10 |
Confidential Information / Data
Protection |
▼ |
7 |
8 |
10 |
14 |
15 |
|
11 |
Liquidated Damages |
▼ |
10 |
12 |
9 |
13 |
19 |
|
12 |
Insurance |
- |
12 |
15 |
11 |
|
|
|
13 |
Applicable law / Jurisdiction |
▲ |
14 |
14 |
12 |
|
|
|
14 |
Invoices / Late Payment |
▲ |
19 |
- |
- |
|
|
|
15 |
Performance Bonds / Guarantees /
Undertakings |
▼ |
13 |
13 |
23 |
|
|
|
16 |
Dispute Resolution |
▲ |
17 |
- |
- |
|
|
|
17 |
Audits / Benchmarking |
▲ |
18 |
17 |
18 |
|
|
|
18 |
Rights of Use |
▼ |
15 |
- |
16 |
|
|
|
19 |
Assignment / Transfer |
▼ |
16 |
16 |
17 |
|
|
|
20 |
Most Favored Client |
- |
20 |
18 |
- |
|
|
|
21 |
Freight / Shipping |
- |
21 |
22 |
19 |
|
|
|
22 |
Force Majeure |
▲ |
27 |
20 |
24 |
|
|
|
23 |
Entirety of Agreement |
- |
23 |
21 |
|
|
|
|
24 |
Business Continuity / Disaster
Recovery |
▼ |
22 |
19 |
|
|
|
|
25 |
Security |
▼ |
24 |
24 |
|
|
|
The IACCM survey of
negotiated terms was conducted in November - December 2007. Participants came
from in-house legal, contract management and procurement groups, representing
cross-industry, multi-country perspectives.
Certification
Study Groups
If there is any interest in participating in a certification study group, please forward your interest to dcouture@ball.com. List what module you are studying for, what is a good time for you to meet with others, your general location, do you have the study materials, etc.
Another option is to set up a net meeting and participate in study groups via the web and chat room interactions. Please let me know if this would be of interest to the membership.
Questions
of the month:
1. Article 2 of the UCC superceded the
A. Uniform Bills of Lading Act of 1909
B. Uniform Warehouse Receipts Act
C. Uniform Stock Transfer Act
D. Uniform Sales Act
2. Advance agreements regarding cost principles should be
negotiated
A. before costs are incurred
B. before the solicitation is issued
C. before the contract is signed
3. A contractor who fails to meet a delivery date
A. may be terminated for default only after being given a
10-day grace period.
B. may be terminated for default immediately.
C. may be terminated for default at any time within two
years.
D. may not be terminated until the Government assures
itself of the contractor's fault.
E. during fact-finding
4. Funding instability is a serious problem for major
systems acquisition professionals. Name 3 things a contracting officer can
recommend to mitigate funding instability:
A. Multi-year procurement authority, priced options, CAIV
B. Government Purpose Rights, POM Reclamas, Earned Value
C. Other Transactions, Grants, Cooperative Agreements
D. Forward Pricing Rate Agreements, Performance Based
Contracting, Cost Reimbursement Contracts
5. If a Government inspector misunderstood the contract
and required a contractor to alter its method of performance, the contractor
may be able to recover under the
A. mutual mistake doctrine
B. bone fide needs doctrine
C. constructive change doctrine
D. anticipatory repudiation doctrine
6. Which of the following is the least preferred method
of computing an equitable adjustment?
A. Total Costs
B. Actual costs
C. Actual costs, reasonably incurred
D. Reasonable value to buyer approach
Answers will
be provided in next month’s newsletter
From
the Membership Chair
