This document provides an overview of strategies for successfully doing business with the U.S. government as a federal contractor. It discusses the different types of contracts and grants, important factors like politics, procedures, and timing. It also outlines strategies for sealing deals like subcontracting and taking advantage of small business set-asides. Key requirements are explained for vehicles like GSA Schedules and registering in systems like SAM. Government contracting laws and regulations are reviewed in areas like non-discrimination, affirmative action, wages, and safety standards. Successful bidding practices are also emphasized.
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FED GOV CON - Strategies for Success in Government Contracting
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11. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
Page 1
DOING BUSINESS WITH THE U.S. GOVERNMENT: Strategies for Being a Successful Federal Contractor
The Politics of the Federal Government Process
Aaron Grau, Grau & Associates
Contracts vs. Grants
All grants are contracts, but not all contracts are grants.
•Appropriations/Earmarks
•SBIRs/STTRs
•CRADAs
•Program Awards
•Sales - Goods & Services
12. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
Page 2
pOLITICS & Procedure: The Playing Field
WHO to Pitch
….has money?
…has authority?
WHERE to Look
There are an estimated 1,300 federal agencies.
Which one needs you?
WHEN to Bother
Federal FY
Program dollars v. “new money”
WHAT & WHY
MONEY
WE NEED IT
pOLITICS & Procedure: Contracting Art & Science
Science
Sales Target
1
Where
3
When
2
Who
Art
HOW?
How are you going
to hit your target?
pOLITICS & Procedure: Sealing the Deal
The General Services Agency (GSA) Schedules
Sub-Contracting (Small to Large or Large to Small)
Congressional Influence - Sometimes, But Don’t Count on It!
Small Business “Set-Asides” & The Rule of Two
Be Aware of Federal Agency Small Business Quotas
Spoon Feeding the Contract Officer
Indefinite Delivery Indefinite Quantity Contracts
13. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
Page 3
Understanding the GSA Schedule
Jennifer L. Schaus
20 yrs. govt. contracting experience
Washington, D.C.-based
Product & service customers
GSA Schedule & other govt. contracting services
Agenda
•Facts
•Requirements
•Terms / Conditions
•Process & Timing
•Advantages
•Disadvantages
•Conclusions
14. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
Page 4
GSA Schedule - FACTS
•5 Year Contract Vehicle
•Marketing Tool ONLY
•3 Five Year Renewable Periods = 20 Yrs
•39 Schedules Segmented by Product & Service
•MAS – Multiple Award Schedule – 20k Vendors
•Terms / Conditions
•Emphasis is on PRICE PRICE PRICE
Requirements
•2 Full Years Balance Sheet / Income Statement
•Relevant Past Performance
•Invoices for EVERY item/service you are providing
•Offer GSA lowest pricing
•$25/year in GSA Sales
Terms / Conditions
•Pre-Award
–Offer GSA equal to or better than Most Favored Customer $
•Post-Award
–Price Reduction Clause
–Meet $25k/annual revenue
–Pay GSA .75% IFF Fee
–2 CAV’s – Audits per 5 Years
–Limits on price increase
15. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
Page 5
Process & Timing
•Administrative, Technical & Pricing = Proposal
•Multiple Documents, Reports & Disclosures Required
•1 – 3 Months Proposal Prep
•4 – 18 Months Wait for GSA
•1 – 3 Months Clarifications, Negotiations, Federal Procurement Regs, Award
Advantages
•Shows you are “worthy” serious competitor
•Opens up new buying channels (state, local, int’l)
•Limit or exclude competition
•Dedicated RFP’s - GSA E-Buy
•Marketing Tool – GSA Advantage
•Decrease paperwork for the contracting officer (CO)
Disadvantages
•10% of Federal Purchases
•One of many contract vehicles
•No Guarantees
•Lowest Price – Price Ceiling
•Price Limitations – Margins
•Sales Quota – Repercussions
•IFF Reporting, Audits – Back Office
16. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
Page 6
Conclusions
•Not for everyone
•Know who your customer is & HOW they purchase
•Build It & They Will Come = High Risk
•Measure ROI before jumping in – Price & Margins
•Find partners on Schedule
•Asset or Liability
Government Contracting Laws and Regulations
Steven D. Irwin, Partner
David E. Renner, Senior Associate
PRIME CONTRACTOR AND SUBCONTRACTOR
•A subcontractor is generally:
–“For the purchase, sale or use of personal property or nonpersonal services which, in whole or in part, is necessary to the performance of any one or more contracts; or
–Under which any portion of the contractor’s obligation under any one or more contracts is performed, undertaken or assumed.” – Ex. Order 11246 definition
17. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
Page 7
The Acquisition Process
This chart is an example of the process from one agency. Extensive variations will exist. Credit to Division of Acquisition Policy, Indian Health Service, DHHS
Office of Federal Procurement Policy - 41 U.S.C.A. §§ 1101 – 1131.
•A subdivision of the Office of Management and Budget
Federal Acquisition Regulations System
•Title 48 of the Code of Federal Regulations
18. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
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The Federal Acquisition Regulation (The FAR)
•48 C.F.R. § 1.101 – 1.707
•Offer guidance and mandatory provisions for every type of contract the government could award
The FAR
•The FAR relates to a three-step process for federal contracting:
1.Need recognition and acquisition planning
2.Contract formation
3.Contract administration
The FAR
•Streamlined process for contracts less than $150k
•Many agencies have own supplement to the FAR – www.farsite.hill.af.mil/
19. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
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The Government Needs Widgets
Cost Accounting Standards (CAS)
•48 C.F.R. § 99
•19 standards for uniform accounting, cost tracking, and reporting
•Defense contracts are bound by CAS, but also supplemented by the Defense Contract Audit Agency (DCAA) and the Defense Contract Management Agency (DCMA)
CAS
•A contractor is either subject to:
–Full CAS coverage
–Modified CAS coverage – 4 of the CAS apply (single contract of $7.5 million or more)
–Exemption from CAS coverage
20. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
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Office of Federal Contract Compliance Programs (OFCCP)
•Created under Executive Order 12086, Regulations available at 41 C.F.R. § 60
•Administers and enforces Executive Order 11246, Section 503 of the Rehabilitation Act, and VEVRAA
Non-Discrimination and Affirmative Action
•Ex. Order 11246 (1965, 1967, 2014)
•Federal contracts of $10,000 or more
•Cannot discriminate in employment decisions
•Must take affirmative steps to ensure equal opportunity
•Must conduct annual statistical analysis of employment practices
Affirmative Action Plan
•Written Affirmative Action Plan
–Shows a good faith effort, and
–Goals and timetables for increasing minority and female representation in the workforce
21. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
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16 Construction Contract Requirements
•41 CFR 60-4.3
•Federal construction contracts in excess of $10,000
•16 affirmative action steps
Construction Contract, continued…
•Examples
–Maintain work environment free of harassment, intimidation, and coercion
–Contractors and subcontractors must encourage current minority and female employees to recruit other minority persons and women
–Increased scrutiny (site visits) for Mega Contracts
Non-Retaliation for Disclosure of Compensation Information
•Ex. Order 12866 (Effective April 8, 2014)
•Adds disclosure of compensation
•Prohibits retaliation against employees who disclose compensation to other employees
22. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
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Sexual Orientation and Gender Identity
•Prohibits discrimination for sexual orientation and gender identity under Executive Order 11246
•Exception for religious organizations
•Signed July 21, 2014; effective immediately
Section 503 of Rehabilitation Act – Non-Discrimination and Affirmative Action
•29 U.S.C. § 794
•Federal contracts of at least $10,000
•Prohibits discrimination against and imposes affirmative action obligations in employment of individuals with disabilities
•Same requirements as ADA and ADAAA
Section 503 of Rehabilitation Act Affirmative Action Plan
•29 U.S.C. § 793 (1998)
•Federal contractors with 50 employees and contract of $50,000
•Written Affirmative Action Plan
•Applicants and employees asked to self- identify
•In 2013, DOL announced 7% utilization goal aspirational; not a quota
23. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
Page 13
Section 508 of Rehabilitation Act
•29 U.S.C.A. § 794d (1998)
•Applies to federal contractors dealing with Electronic Information Technology
•Examples:
–HealthCare.gov must be screen-reader accessible
–electronic Army kiosk must include braille and plug in for hearing impaired devices
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
•38 U.S.C. § 4212 (1974)
•Federal contractors having contracts of at least $100,000
•Prohibits discrimination against and requires affirmative action for protected veterans
•Openings must be listed with employment service delivery system, and veterans receive priority in referrals
•Veterans invited to self-identify both pre-offer and post- offer
•Complete VETS 100a report
Fair Pay and Safe Workplace Executive Order
•Signed July 31, 2014
•Applies to procurement of goods and services, and construction valued at $500,000 or more
•Bidders must disclose any administrative determination, arbitration award or civil judgment, within preceding 3-year period for violations of any labor law
24. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
Page 14
Minimum Wage Exec. Order
•Executive Order 13658 (2014)
•Applies to all government contractors and sub- contractors with contracts in 2015 and beyond that are covered by:
–The Davis-Bacon Act
–The McNamara-O’Hara Service Contract Act
–Concessions contracts, such as contracts to furnish food and lodging on federal property
–And contracts to provide services, such as child care or dry cleaning, in federal buildings
Minimum Wage Exec. Order
•Effective January 1, 2015, the minimum wage allowed for employees working under a government contract or sub-contract anywhere in the nation is $10.10 – this is not retroactive and only applies to contracts that are issued on or after January 1, 2015
•Beginning January 1, 2016, the Secretary of Labor is empowered to raise the wage as is deemed necessary
Davis-Bacon Act
•40 U.S.C. §§ 3141-3148 (1931)
•Federal contracts for public works over $2000
•Local prevailing wage for laborers and mechanics
•Wage Determination by Dept. of Labor
25. Doing Business with the U.S. Government:
Strategies for Being a Successful Federal Contractor
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Copeland “Anti-kickback” Act (1934)
•Supplements Davis-Bacon
•Prohibits federal contractor or subcontractor from inducing employee to give up any compensation for employment
Walsh-Healey Public Contracts Act
•41 U.S.C. § 35 (1936)
•Manufacturing or furnishing of materials, supplies or equipment to the U.S. government worth $10,000 or more
•Overtime for supplier’s employees working more than 8 hrs./day or 40 hrs./week, and sets the minimum wage equal to prevailing wage
•Prohibits employment of youths, convicted prisoners
•Does not apply to “commercial” items
McNamara-O-Hara Service Contract Act
•41 U.S.C. §§ 351–358 (1965)
•Performance of services on prime contracts over $2,500
•Service employees entitled to prevailing wages and fringe benefits
•Wage Determination by Dept. of Labor