SubContracting Opportunities - Department Of Homeland Security

Federal Government Contracting:
SUBCONTRACTING
2022 Webinar Series
Washington DC – hello@JenniferSchaus.com – 202-365-0598

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SUBCONTRACTING OPPORTUNITIES AT
Department Of Homeland Security

AGENDA:
➢ Panelist Introductions
➢ Mission Statement / History
➢ Bureaus, Agencies & Offices
➢ Important Links
➢ Top Vendors
➢ Trends & Opportunities
➢ Marketing Best Practices
➢ Legal Considerations

Dept Of Homeland Security
DATA SPEAKER:
Ms. Archisha Mehan
GovSpend
amehan@govspend.com

LEGAL SPEAKER:
David Dempsey
Dempsey Law PLLC
dbd@dempslawfirm.com

MISSION STATEMENT & HISTORY:
The U.S. Department of Homeland Security (DHS) and its homeland security
mission are born from the commitment and resolve of Americans across the
United States in the wake of the September 11th attacks. In those darkest hours,
we witnessed true heroism, self-sacrifice, and unified resolve against evil. We
rallied together for our common defense, and we pledged to stand united
against the threats attacking our great Nation, fellow Americans, and way of life.

BUREAUS / AGENCIES / OFFICES:
Citizenship and Immigration Services
Coast Guard
Computer Emergency Readiness Team
Customs and Border Protection
Cybersecurity and Infrastructure Security Agency
Federal Emergency Management Agency
Federal Law Enforcement Training Center
Federal Protective Service
FEMA Disaster Assistance
Immigration and Customs Enforcement
Intelligence Careers
Transportation Security Administration
Secret Service

LINK TO DEPARTMENT:
https://www.dhs.gov/
LINK TO OSDBU/OSBP:
https://www.dhs.gov/small-business-assistance
LINK TO PROCUREMENT FORECAST:
https://apfs-cloud.dhs.gov/
LINK TO SBA SCORECARD:
https://www.sba.gov/document/support-department-homeland-security-contracting-scorecard

TOP 10 VENDORS

1 – Paragon Systems, Inc
2 – Eastern Shipbuilding Group
3 – American Medical Response, Inc
4 – GEO Group Inc
5 – Deployed Resources LLC
6 – CSRA LLC
7 – Triple Canopy
8 – B.I. Incorporated
9 – Cotton Commercial USA, Inc
10 – Deloitte Consulting LLP

TOP 5 VENDORS - PROFILE

#1 - PARAGON SYSTEMS, INC
https://parasys.com/

PARAGON SYSTEMS, INC
SBLO (SMALL BUSINESS LIAISON OFFICE) INFO /
LINK TO REGISTER AS SMALL BUSINESS VENDOR:
https://parasys.com/our-partners/

#2 - EASTERN SHIPBUILDING
https://www.easternshipbuilding.com/

EASTERN SHIPBUILDING
https://www.easternshipbuilding.com/suppliers/facility-access/

#3 - AMERICAN MEDICAL RESPONSE, INC
https://www.amr.net/

AMERICAN MEDICAL RESPONSE, INC
https://www.amr.net/resources/partnership-programs

#4 - GEO GROUP, INC
https://www.geogroup.com/

GEO GROUP, INC
https://www.geogroup.com/partnerships

#5 - DEPLOYED RESOURCES, LLC
www.deployedservices.com/

DEPLOYED RESOURCES, LLC
https://www.deployedservices.com/contact-us/

MARKETING BEST PRACTICES

MARKETING BEST PRACTICES
1 – Know your Customer (Department and Primes) BEFORE you engage! Do your homework!
2 – Register on the Prime’s website as a Small Business Vendor. Ensure your information is complete and
accurate and matches your SAM registration.
3 – Connect on Linkedin with the key players and follow the company to stay abreast of news and relevant
information. Sign up for Google alerts.
4 – Attend events and join associations where the company is active.
5 - Provide value - bring an opportunity and a custom Capability Statement geared to an Opportunity

Reference - Department of DHS FAR Supplement
https://youtu.be/J0nkjbUl48U
Subcontracting – LEGAL PERSPECTIVE

Subcontracting – LEGAL PERSPECTIVE
David Dempsey
Dempsey Law

FAR / DFARS Clause Matrix
https://www.dau.edu/tools/t/FAR,-DFARS,-VAAR,-DEAR-Provision-and-Clause-Matrix
October 3, 2022
Watch video
https://www.acquisition.gov/far-smart-matrix
FAR Flow Down Clauses - What To Know

HSAR flow down clauses
https://www.acquisition.gov/hsar
Last Update: 29 March 2021
“This is not an official version of the regulation. You can confirm the most current
version of the regulation at eCFR”
https://www.ecfr.gov/current/title-48/chapter-30
Last Update: Oct. 13, 2022
DHS Flow Down Clauses - What To Know

Types of Flow down Clauses
1. Mandatory clauses (cybersecurity clauses)
2. Mandatory with qualifications (dollars, small business …)
3. Non-commercial prime with commercial sub (see FAR 52.244-6(c)(2))
4. Commercial prime with commercial sub (see FAR 52.212-5(e)(2))
5. Non-mandatory but relevant (e.g., FAR 52.209-6)
6. Irrelevant or inapplicable clauses (self-deleting v. leverage)
Sub-Contracting - LEGAL Best Practices

Predictable subcontract flow down clause issues:
1. Clauses that continue to change (see FAR 1.108(d))
* clause changes apply to solicitation after effective date
* issue solicitation with new clause before the effective date if award occurs after effective date
* insert changed clause in any contract and negotiate cost of change (if any)
1. Provisions in clause(s) subject to change (specialty metals, cybersecurity, supply chain prohibitions (Chinese
companies)
2. Changed requirements from other agencies (e.g., Labor, DOT, courts)

Other predictable issues:
1. Christian Doctrine (omitted clause incorporated by law)
2. Paid when paid clauses (see FAR 32.112-1 regarding non-payment of
subcontractors for other than commercial products/services)
3. Disputes – sponsorship clause

Future issues:
1. OMB Memoranda (M-22-18 on Software Supply Chain; M-23-01 increasing
share of dollars to SDBs to 12% then 15% by 2025)
2. Proposed rules (e.g., independent contractor under FLSA)
3. Executive Orders (e.g., Improving Nation’s Cybersecurity)
Pending changes (e.g., BAA rules effective Oct. 25, 2022; cybersecurity interim
rule scheduled for March 2023)
Sub-Contracting - Other Legal Considerations

Observations:
1. Create your own flow down clause matrix peculiar to your company and
the agencies you deal with
2. No substitute for reading the contract
Sub-Contracting - Other Legal Considerations

THANK YOU FOR ATTENDING
THANK YOU TO OUR SPEAKERS
David Dempsey
Archisha Mehan
amehan@govspend.com

SubContracting Opportunities - Department Of Homeland Security

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