Institute For Supply Management - Understanding Federal Procurement

Understanding Federal Government Procurement:
Rules, Nuances & Best Practices For Contractors
NOVEMBER 2022
Jennifer Schaus – Washington DC
jschaus@JenniferSchaus.com

Understanding Federal Government Procurement: Rules, Nuances & Best Practices For Contractors
Jennifer Schaus – Washington DC jschaus@JenniferSchaus.com
PRESENTED TO:

AGENDA
 About / Bio
 Federal Procurement BASICS
 Federal Procurement RULES
 Federal Procurement NUANCES
 Federal Procurement BEST PRACTICES
 Conclusions

ABOUT / BIO

ABOUT / BIO
Education:
BA – Towson University
Leadership Certificate – UC Berkeley
Leadership Certificate – Cornell University
 Career:
Federal Government Divisions:
Dun & Bradstreet, infoUSA, Grainger
 Volunteer / Instructor:
Virginia, Maryland & DC PTAC; Virginia SBDC, etc.

ABOUT / BIO
Connect with me on Linkedin!
https://www.linkedin.com/in/jenniferschaus

ABOUT / BIO
Washington DC based consulting firm
Professional Services
Training (in-person or on-line); Market Analysis Reports; GSA Schedule Contract
Vehicle; Compliance; Marketing & Business Development
Clients: Brother Printer, Invisalign, Chevron, Ameresco, Segway, etc.
Newsletter & YouTube
24KSubscribers – 5K Subscribers (Federal Contractors)
Sponsorship/Advertising opportunities available
Events, Conferences, Seminars, Webinars
Sponsorship/Advertising opportunities available

Monday, December 12, 2022
5.30pm – 7.30pm
Federal Government Contractors Holiday Soiree
The John F Kennedy Center - Terrace Level
200+ Federal Contractors + Federal Departments
Sponsorship Opportunities
Register:
https://holiday1212.eventbrite.com

MARKETING TO
THE FEDERAL
GOVERNMENT
REGISTER
https://virginiaptac.ecenterdirect.com/events/3334?embedded=0
Tuesday NOV 15
1230pm ET

FEDERAL PROCUREMENT
BASICS

FEDERAL PROCUREMENT BASICS
US Federal Government - ABOUT
The LARGEST purchaser of goods & services IN THE WORLD
Fiscal Year: Oct 1 – Sept 30
Use it or lose it – Q4
Complex rules to understand/navigate
The FAR – Federal Acquisition Regulations
52 Parts
 Contracts also procured outside of The FAR – ie. OTA
LINK: https://www.jenniferschaus.com/the-far

WHO IS WHO?
Contracting Officers (COR)
Procurement professionals who can bind the US Government to a contract
FAR 9.504 Contracting Officer Responsibilities
LINK: https://www.acquisition.gov/far/9.504
 Contracting Officer Technical Representative (COTR)
 Business Communication Liaison (with industry)
 Can not obligate the Government

WHO IS WHO?
Program Managers
Determine what is needed (scope of project), how much (budget), when, what contract
vehicle to use
Primary POC for the business/vendor community, deciding on programs / project
(contracts) to implement
Decisions makers / influencers
Will then work with CO to determine procurement method / solicitation

WHO IS WHO?
OSDBU / OSBP
Small Business advocates within every Federal Department
Civilian: OSDBU - Office Of Small And Disadvantage Business Utilization
Defense: OSBP - Office of Small Business Programs
 Liaisons / Semi-influencers
See SBA Scorecard

RESOURCES
SAM.gov
Business registrations – size standards, basic demographic info
Has become catch-all (absorbed data from FPDS and other sites)
Solicitations – past & upcoming
Dashboard is NOT easy to use – Aggregators available / subscription
Registration has experienced MAJOR problems – 50K Companies ON HOLD!
https://federalnewsnetwork.com/reporters-notebook-jason-miller/2022/11/50000-
companies-on-hold-because-of-gsas-uei-validation-problems/

RESOURCES
Acquisition Forecast
Departments / Agencies / Bureaus are required to post forecasted opportunities.
Usually found on the OSDBU/OSBP section of website
Not all the same!!
Date, contract vehicle, contract amount $$, CO, contact details, etc.
LINK: https://www.acquisition.gov/procurement-forecasts

RESOURCES
SBA Scorecard
Annual Report published after the fiscal year
Evaluates & grades Departments on awards to small businesses (set-asides) vs goals
Also includes subcontracting results
NOTE: Large businesses must subcontract out percentages to SB’s for contracts
exceeding $750K. Large businesses submit a SUBK Plan. SBA administers/audits.
LINK: https://www.sba.gov/document/support-small-business-procurement-scorecard-
overview

RESOURCES
Industry Days
 “Open houses” at Federal Departments/Agencies usually centered around a
solicitation or need. Focused on small businesses
 Posted in SAM.gov
 Registration required. Limited seats. Sells out fast!

RESOURCES
Match-Making Events
 Typically Federal OSDBU / OSBP representative to meet with small businesses
 May also include SBLO’s from LARGE Primes
 Small Business Liaison Officers
 Hosted by associations, PTAC’s and other organizations focused on small
businesses/government contracting
 Procurement Technical Assistance Centers

CONSIDERATIONS – TYPE OF SMALL BUSINESSES
Small Business Set-Asides
Women Owned
HUBZone – Historically Underutilized Business Zone (CENSUS Data)
SBA 8(a) – Economically & Socially Disadvantaged
SDVO – Service Disable Veteran Owned
Alaska Native / American Indian
 Require registration/certification – sometimes renewal – rules change (see NDAA)

FEDERAL PROCUREMENT
RULES

PURCHASING BIBLE = THE FAR
Covers everything from where to conduct market research to contract modifications
LINK: https://www.acquisition.gov/browse/index/far
 Note: Not ALLpurchases take place via The FAR
 ie. OTA – Other Transaction Authorities
 Note: Not ALL Departments can use OTA’s
 LINK: https://www.jenniferschaus.com/other-transaction-authorities-ota

CONSIDERATIONS – HOW THE GOVERNMENT PURCHASES

CONSIDERATIONS – TYPE OF PURCHASE
 Micro-Purchase Threshold MPT
Up to $10k – Government P-Card (GPC / credit card)
Above that, approval required

 Full & Open Competition
 LINK: SAM.gov for solicitations over $25K – REQUIRED TO BE PUBLISHED
 Sources Sought
 RFI, RFP, RFQ, Sole Source, etc.
 Any solicitation on SAM.gov = F&O (Full and Open)
 Anyone with an internet connection has access!

 Simplified Acquisition (SAT)
 For small businesses, above MPT and below $250K
 Below $500k for peacekeeping & humanitarian
 LINK: FAR Part 13
https://www.youtube.com/watch?v=iW4dYDal0FA
 LINK: Simplified Acquisition
https://www.jenniferschaus.com/simplified-aquisitions

 Sole Source
 Only one source of supply for the goods or services on the planet
 Must be unique – FAR Subpart 6.3
 Requires justification and approval (J&A)
 LINK: Sole Source Contracts
https://www.youtube.com/watch?v=BUjVeiWMwkA&t=746s
 LINK: FAR Part 6 – Competition Requirements
 https://www.youtube.com/watch?v=7TjhP6G5cZc

 Federal Supply Schedules
 Typically referring to GSA Schedule contracts (T’s & C’s apply!)
 Vendor short list of pre-approved, vetted firms, pricing set (pre-negotiated ceilings)
 20K Vendors – 60%+ have 0 sales
 5 Year contract with 3 five-year renewal periods (20 Year contract)
 LINK: GSA Schedules
 https://www.jenniferschaus.com/gsa-schedules

 Federal Supply Schedules – CONTINUED
 Billions of dollars, but only represent about 10-15% of federal purchases
 Cost of doing business with GSA (non-appropriated):
Contract compliance, modifications, audits, renewals, etc.
 Popular because can be used by ALL Federal Agencies
 UN, World Bank, IMF, IFC, Red Cross, some SLED market, etc.

 Federal Supply Schedules – CONTINUED
 IDIQ – Indefinite Delivery – Indefinite Quantity
 Offers great resource tools
 gsaAdvantage.gov – PRICE CATALOGS
 buy.gsa.gov – LABOR PRICING
 SSQ.gsa.gov – TRENDS BY INDUSTRY/ COMPANY

PRICING INTELLIGENCE (via GSA)

 Department / Agency Wide Contract Vehicles
 Used within the Department or Agency ONLY
 Examples:
 SEWP = NASA
 Seaport-e = NAVY
 Vanguard – STATE DPT
 Eagle = DHS

 BPA’s – Blanket Purchase Agreements
 Vendor short list (requires vetting / pricing ceilings / specific LCATs / etc)
 Competition within this list
 No guarantees of any business
 Usually for a specific solution or category of solutions

IMPORTANT
 EVERYTHING CHANGES during emergency or major disaster
 Many rules are “bypassed” to accelerate procurement of needed supplies
ie. War, Pandemic, Hurricanes, etc.
FAR Part 18 – Emergency Acquisitions
LINK: Covid Contracting
https://www.youtube.com/watch?v=rVZWwjfUR6U&t=2639s
LINK: FAR Part 18
https://www.youtube.com/watch?v=rVZWwjfUR6U

FEDERAL PROCUREMENT
NUANCES

FEDERAL PROCUREMENT NUANCES
DFARS & FAR Supplements
Defense Federal Acquisition Regulations & FAR Supplements for DOD + 29 Federal
organizations (Departments, Bureaus, independent agencies, etc)
LINK: DFARS & FAR Supplements
https://www.jenniferschaus.com/far-supplements

Includes DPGI & CAS
Defense Procedures Guidelines Information – Cost Accounting Standards
DCAA for DoD contracts
 Includes Army, Navy, USAF, Marines, GSA, EPA, USAID, USAGM (BBG), NRC, The
VA, etc.
They follow The FAR ---> plus additional procurement rules/regulations

 Case Study – The VA
“The Rule Of Two” - VAAR 819.7005 and VAAR 819.7006
 CO “shall” set-aside acquisition for SDVOSBs/VOSBs upon a reasonable expectation
2+ or more offers from eligible SDVOSBs/VOSBs
Price must be fair & reasonable for award
 WHAT IF…..?
1 Offer Received = Make award
No Offers Received = Withdraw solicitation

FEDERAL PROCUREMENT
BEST PRACTICES

FEDERAL PROCUREMENT BEST PRACTICES
Know the rules of the game
FAR, DFARS, FAR Supplements
Get educated / certified – formal or informal
NCMA (National Contract Management Assn)
CPCM – Certified Professional Contracts Manager
CFCM – Certified Federal Contracts Manager
CCMA – Certified Contract Management Associate
LINK: NCMA
https://www.ncmahq.org/

Know your customer(s):
How (contract vehicles), When, Where, Why they buy (motivation)
Get in early – Long sales cycle (18-24 Months+ average)
Sources Sought, RFI to help shape requirements AND contract vehicles
 Vendors should have a market research, marketing, business
development/sales/capture process in place

PRE & POST AWARD
Ensure you meet or preferably EXCEED Requirements
ie. Technical specifications of the solicitation when bidding
Section L = instructions
Section M = evaluation criteria
Ensure you meet or preferably EXCEED Compliance
ie. DCAA compliant accounting software for DoD contracts; security clearances, to
basic registration in SAM.gov; CAGE Code, business size representation, etc.

Follow legislation, regulations, changes
FAR, NDAA, OMB Circulars, Federal Register, etc.
Associations typically have a Government Division advocating on your behalf
Outsource For Help
Federal contracts attorneys, Consultants, Accountants (DCAA)
Lead with your capabilities, then make it easy for your customer
Contract vehicles: GSA Schedule, Department / Agency Vehicles;
Set-Aside Designations (8a, HUBZone, SDVO, etc)

Establish compliance processes and SOP/protocols
Federal contracting can impact commercial sales practices (pricing, policies, etc)
SOP’s should include regular internal and external audits
On-going education (CEU’s or not)
 Consider JV’s, teaming and Mentor-Protégé agreements with carefully vetted firms
 Refine & Repeat processes

CONCLUSIONS

FEDERAL PROCUREMENT CONCLUSIONS
 Federal procurement is complex – you cannot know everything – but continuing
education is wise
Focus on your capabilities as a person and company
Outsource the rest
Information is publicly available – use it
News. Legislation, Pricing, Competitive analysis
It is a big market – if you are selling into it, be precise!

FEDERAL PROCUREMENT CONCLUSIONS
 It’s a bureaucracy full of red tape, but at the end of the day it still comes down to
relationships and people.

THANK YOU FOR ATTENDING
--------------------------
Understanding Federal Government Procurement:
Rules, Nuances & Best Practices For Contractors
NOVEMBER 2022
Jennifer Schaus – Washington DC
jschaus@JenniferSchaus.com

Institute For Supply Management - Understanding Federal Procurement

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