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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
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
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
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
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
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
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
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 8 
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/
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 9 
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
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 10 
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
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 11 
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
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 12 
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
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
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
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 15 
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
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 16 
Contract Work Hours and Safety Standards Act 
•40 U.S.C. §§ 3701 – 3708 (1986) 
•Federal service contracts and construction contracts over $100,000 
•Time-and-a-half pay for all mechanics and laborers working over 40 hours in week 
•Applies OSHA 
Mascaro Construction Company, LP DOING BUSINESS WITH A GENERAL CONTRACTOR 
--------- 
LEECH TISHMAN 
“Doing Business with the U.S. Government” 
9/19/2014 
© 2014 mascaro construction company, lp
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 17 
© 2014 mascaro construction company, lp 
Introduction 
• Kathy Agostino 
kagostino@mascaroconstruction.com 
–Small and Disadvantaged Business Coordinator and SBLO during estimating and preconstruction 
–Maintain Database 
–Active with Small Business Organizations 
–Typically first contact for 
•What we are bidding 
•Is your scope of work on that project 
•Where to view bid documents 
© 2014 mascaro construction company, lp 
Overview 
•Founded in 1988 
•Growth attributed to basic principles 
–Integrity, Quality, Cost Efficiency 
–Customer Service 
•Delivery methods: 
GC, CM, DB 
•Self-Perform: 
concrete, earthwork, 
roads, buildings 
© 2014 mascaro construction company, lp 
Wide Range of Projects 
•Industrial 
•Power/Piping 
•Buildings 
•Highway
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 18 
© 2014 mascaro construction company, lp 
How to Get Work 
•Introduce yourself – tell us what you do 
•Get on subcontractor / supplier bid lists 
•Follow-up with your contacts 
•Join trade organizations 
•Attend networking events 
•Attend pre-bid meetings 
© 2014 mascaro construction company, lp 
Register with Government Agencies 
•PA Unified Certification Program (PA UCP) 
–Allegheny County M/W/DBE Department 
–Port Authority of Allegheny County 
–Pennsylvania Department of Transportation (PennDOT) 
–Allegheny County Dept. of Public Works 
–Pennsylvania Turnpike Commission 
•Pennsylvania Department of General Services (DGS) 
•Small Business Administration (www.sba.gov) 
•Federal Contractor Registration (www.sam.gov) 
System for Award Management 
** KEEP THESE CURRENT ** 
© 2014 mascaro construction company, lp 
Track Projects 
•Newspaper (Legal Ads Section) 
•F. W. Dodge (McGraw-Hill) 
•Construction Data Company News (CDC) 
•Reed Construction Data 
•Pittsburgh Builder’s Exchange 
(pbe.org) 
•Minority Business Opportunity Committee (MBOC) 
•Chamber of Commerce 
•Pittsburgh Business Times (Book of Lists) 
•Diversity Business Resource Center (DBRC) 
•Bureau of Minority & Women Business Opportunities, PA DGS 
•Veteran Business Outreach Centers & VetBiz.gov 
•Small Business Development Centers (SBDC) 
•SBA: SubNet 
•Procurement Technical Assistance Centers (PTAC) 
•Government Agency Coordination Office (GACO)
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 19 
© 2014 mascaro construction company, lp 
Be Prepared to Bid 
•Bonding and insurance in place? 
•Dunn & Bradstreet Number? 
•Pre-qualification to be completed? 
•Federal Document Security Form required to view doc’s on most Federal projects. 
© 2014 mascaro construction company, lp 
Be Prepared to Bid 
•Training for yourself and employees? 
•Know how to view/download bid doc’s from websites and plan rooms? 
•Website, email and contact information up to date and current? 
© 2014 mascaro construction company, lp 
Safety and Construction 
•Written Company Safety Plan 
•On-going Safety Training 
•Up to date OSHA Logs 
•Lead by Example 
•Poor safety record results in 
- loss of work 
- higher insurance costs
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 20 
© 2014 mascaro construction company, lp 
Estimating & Bidding is fundamental to obtaining work 
•Bid per the specifications for your scope. 
•Prepare your bid accurately and clearly 
•Acknowledge addenda 
•Review the Bid Form 
- (unit prices, alternates, etc.) 
•Find out who to submit your quote to and submit on time. 
© 2014 mascaro construction company, lp 
General Conditions 
•Read and understand the impact of the General Requirements: 
–Contract and Payment Terms 
–Schedule 
–Safety Requirements 
–Wage Rates 
–Tax Requirements 
–Insurance / Bond Requirements 
© 2014 mascaro construction company, lp 
Wrong Reasons to be the Low Bidder 
•To enter a new market 
•To retain field personnel 
•To get prestigious jobs 
•To beat the competition
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 21 
© 2014 mascaro construction company, lp 
Right Reasons to be the Low Bidder 
•You know the scope of work 
•You know the subs 
•You know the owner 
•You have the best people 
•To make a profit & grow your business 
© 2014 mascaro construction company, lp 
After the bid 
•Follow-up 
–When will results be available? 
–Were you competitive? 
•When you get a contract 
–Do what you say you are going to do 
–Staff knowledge and responsiveness – field and office 
–Make a great first impression 
–Ask others how you are doing 
© 2014 mascaro construction company, lp 
QUOTE 
Quote Often 
Quote Early 
Quote Complete
Doing Business with the U.S. Government: 
Strategies for Being a Successful Federal Contractor 
Page 22 
© 2014 mascaro construction company, lp 
Mascaro Construction Company, LP 1720 Metropolitan Street Pittsburgh, Pennsylvania 15233 412/321-4901 Kathy Agostino: kagostino@mascaroconstruction.com Small & Disadvantaged Business Coordinator 
SUPPORT SMALL BUSINESS! 
Thank You for Attending 
Kathleen Agostino, Estimating and Small Business Coordinator, Mascaro Construction Company, LP 
1720 Metropolitan Street; Pittsburgh, PA 15233 
4 1 2.321.4901; mascaroconstruction.com 
kagostino@mascaroconstruction.com 
Linda Ambroso, Government Relations Professional, Leech Tishman 
525 William Penn Place, 28th Floor; Pittsburgh, Pennsylvania 15219 
4 1 2.2 6 1.1 6 0 0; leechtishman.com 
lambroso@leechtishman.com 
Aaron Grau, Principal, Grau & Associates 
1023 15th St, NW #200; Washington, DC 20005 
4 1 2.4 8 0.1 8 0 9; grauandassociates.com 
aaron@grauandassociates.com 
Steve Irwin, Partner, Leech Tishman 
525 William Penn Place, 28th Floor; Pittsburgh, Pennsylvania 15219 
4 1 2.2 6 1.1 6 0 0; leechtishman.com 
sirwin@leechtishman.com 
David Renner, Senior Associate, Leech Tishman 
525 William Penn Place, 28th Floor; Pittsburgh, Pennsylvania 15219 
4 1 2.2 6 1.1 6 0 0; leechtishman.com 
drenner@leechtishman.com 
Jennifer Schaus, Principal, Schaus & Associates 
1717 Pennsylvania Ave, NW #1025; Washington, DC 20006 
2 0 2.3 6 5.0 5 9 8; jenniferschaus.com 
JSchaus@JenniferSchaus.com 
Steve Shivak, President, SMC Business Councils 
201 Penn Center Blvd., Suite 400; Pittsburgh, PA 15235-5068 
412-371-1500, X1603; Toll Free: 800-553-3260; smc.org/ 
steve@smc.org 
Kevin White, District Director, U.S. Small Business Administration 
411 Seventh Avenue Suite 1450; Pittsburgh, PA 15219 
Phone: 412-395-6560; sba.gov/offices/district/pa/pittsburgh 
Kevin.White@sba.gov

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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 Page 8 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 Page 9 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 Page 10 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 Page 11 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 Page 12 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 Page 15 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
  • 26. Doing Business with the U.S. Government: Strategies for Being a Successful Federal Contractor Page 16 Contract Work Hours and Safety Standards Act •40 U.S.C. §§ 3701 – 3708 (1986) •Federal service contracts and construction contracts over $100,000 •Time-and-a-half pay for all mechanics and laborers working over 40 hours in week •Applies OSHA Mascaro Construction Company, LP DOING BUSINESS WITH A GENERAL CONTRACTOR --------- LEECH TISHMAN “Doing Business with the U.S. Government” 9/19/2014 © 2014 mascaro construction company, lp
  • 27. Doing Business with the U.S. Government: Strategies for Being a Successful Federal Contractor Page 17 © 2014 mascaro construction company, lp Introduction • Kathy Agostino kagostino@mascaroconstruction.com –Small and Disadvantaged Business Coordinator and SBLO during estimating and preconstruction –Maintain Database –Active with Small Business Organizations –Typically first contact for •What we are bidding •Is your scope of work on that project •Where to view bid documents © 2014 mascaro construction company, lp Overview •Founded in 1988 •Growth attributed to basic principles –Integrity, Quality, Cost Efficiency –Customer Service •Delivery methods: GC, CM, DB •Self-Perform: concrete, earthwork, roads, buildings © 2014 mascaro construction company, lp Wide Range of Projects •Industrial •Power/Piping •Buildings •Highway
  • 28. Doing Business with the U.S. Government: Strategies for Being a Successful Federal Contractor Page 18 © 2014 mascaro construction company, lp How to Get Work •Introduce yourself – tell us what you do •Get on subcontractor / supplier bid lists •Follow-up with your contacts •Join trade organizations •Attend networking events •Attend pre-bid meetings © 2014 mascaro construction company, lp Register with Government Agencies •PA Unified Certification Program (PA UCP) –Allegheny County M/W/DBE Department –Port Authority of Allegheny County –Pennsylvania Department of Transportation (PennDOT) –Allegheny County Dept. of Public Works –Pennsylvania Turnpike Commission •Pennsylvania Department of General Services (DGS) •Small Business Administration (www.sba.gov) •Federal Contractor Registration (www.sam.gov) System for Award Management ** KEEP THESE CURRENT ** © 2014 mascaro construction company, lp Track Projects •Newspaper (Legal Ads Section) •F. W. Dodge (McGraw-Hill) •Construction Data Company News (CDC) •Reed Construction Data •Pittsburgh Builder’s Exchange (pbe.org) •Minority Business Opportunity Committee (MBOC) •Chamber of Commerce •Pittsburgh Business Times (Book of Lists) •Diversity Business Resource Center (DBRC) •Bureau of Minority & Women Business Opportunities, PA DGS •Veteran Business Outreach Centers & VetBiz.gov •Small Business Development Centers (SBDC) •SBA: SubNet •Procurement Technical Assistance Centers (PTAC) •Government Agency Coordination Office (GACO)
  • 29. Doing Business with the U.S. Government: Strategies for Being a Successful Federal Contractor Page 19 © 2014 mascaro construction company, lp Be Prepared to Bid •Bonding and insurance in place? •Dunn & Bradstreet Number? •Pre-qualification to be completed? •Federal Document Security Form required to view doc’s on most Federal projects. © 2014 mascaro construction company, lp Be Prepared to Bid •Training for yourself and employees? •Know how to view/download bid doc’s from websites and plan rooms? •Website, email and contact information up to date and current? © 2014 mascaro construction company, lp Safety and Construction •Written Company Safety Plan •On-going Safety Training •Up to date OSHA Logs •Lead by Example •Poor safety record results in - loss of work - higher insurance costs
  • 30. Doing Business with the U.S. Government: Strategies for Being a Successful Federal Contractor Page 20 © 2014 mascaro construction company, lp Estimating & Bidding is fundamental to obtaining work •Bid per the specifications for your scope. •Prepare your bid accurately and clearly •Acknowledge addenda •Review the Bid Form - (unit prices, alternates, etc.) •Find out who to submit your quote to and submit on time. © 2014 mascaro construction company, lp General Conditions •Read and understand the impact of the General Requirements: –Contract and Payment Terms –Schedule –Safety Requirements –Wage Rates –Tax Requirements –Insurance / Bond Requirements © 2014 mascaro construction company, lp Wrong Reasons to be the Low Bidder •To enter a new market •To retain field personnel •To get prestigious jobs •To beat the competition
  • 31. Doing Business with the U.S. Government: Strategies for Being a Successful Federal Contractor Page 21 © 2014 mascaro construction company, lp Right Reasons to be the Low Bidder •You know the scope of work •You know the subs •You know the owner •You have the best people •To make a profit & grow your business © 2014 mascaro construction company, lp After the bid •Follow-up –When will results be available? –Were you competitive? •When you get a contract –Do what you say you are going to do –Staff knowledge and responsiveness – field and office –Make a great first impression –Ask others how you are doing © 2014 mascaro construction company, lp QUOTE Quote Often Quote Early Quote Complete
  • 32. Doing Business with the U.S. Government: Strategies for Being a Successful Federal Contractor Page 22 © 2014 mascaro construction company, lp Mascaro Construction Company, LP 1720 Metropolitan Street Pittsburgh, Pennsylvania 15233 412/321-4901 Kathy Agostino: kagostino@mascaroconstruction.com Small & Disadvantaged Business Coordinator SUPPORT SMALL BUSINESS! Thank You for Attending Kathleen Agostino, Estimating and Small Business Coordinator, Mascaro Construction Company, LP 1720 Metropolitan Street; Pittsburgh, PA 15233 4 1 2.321.4901; mascaroconstruction.com kagostino@mascaroconstruction.com Linda Ambroso, Government Relations Professional, Leech Tishman 525 William Penn Place, 28th Floor; Pittsburgh, Pennsylvania 15219 4 1 2.2 6 1.1 6 0 0; leechtishman.com lambroso@leechtishman.com Aaron Grau, Principal, Grau & Associates 1023 15th St, NW #200; Washington, DC 20005 4 1 2.4 8 0.1 8 0 9; grauandassociates.com aaron@grauandassociates.com Steve Irwin, Partner, Leech Tishman 525 William Penn Place, 28th Floor; Pittsburgh, Pennsylvania 15219 4 1 2.2 6 1.1 6 0 0; leechtishman.com sirwin@leechtishman.com David Renner, Senior Associate, Leech Tishman 525 William Penn Place, 28th Floor; Pittsburgh, Pennsylvania 15219 4 1 2.2 6 1.1 6 0 0; leechtishman.com drenner@leechtishman.com Jennifer Schaus, Principal, Schaus & Associates 1717 Pennsylvania Ave, NW #1025; Washington, DC 20006 2 0 2.3 6 5.0 5 9 8; jenniferschaus.com JSchaus@JenniferSchaus.com Steve Shivak, President, SMC Business Councils 201 Penn Center Blvd., Suite 400; Pittsburgh, PA 15235-5068 412-371-1500, X1603; Toll Free: 800-553-3260; smc.org/ steve@smc.org Kevin White, District Director, U.S. Small Business Administration 411 Seventh Avenue Suite 1450; Pittsburgh, PA 15219 Phone: 412-395-6560; sba.gov/offices/district/pa/pittsburgh Kevin.White@sba.gov