SubContracting Opportunities - Department Of Justice

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

ABOUT US:
Washington DC - hello@JenniferSchaus.com – 202-365-0598
➢Washington DC based
➢Professional services for established federal government
contractors
➢Market intel reports – GSA Schedule – Marketing – Contract Admin
➢Events – Webinars - Conferences

ADVERTISING OPTIONS:
➢Over 570+ Complimentary GOV CON Videos on our YouTube Channel
With almost 5K Subscribers
➢24,100+ Newsletter Subscribers
➢ 25,000+ Linkedin Followers
➢Sponsorship / Advertising Opportunities hello@JenniferSchaus.com

Monday, December 12
5.30pm - 7.30pm
The John F Kennedy Center
-------------------------------
SPONSOR OPPORTUNITIES AVAILABLE
REGISTER / SPONSOR: https://holiday1212.eventbrite.com
Federal Government Contractors
HOLIDAY SOIREE

Thank You To Our Webinar Sponsors

Webinar Sponsors

✔ Full training calendar: virginiaptac.org & useful links
✔ Register for free counseling:
https://virginiaptac.org/services/counseling/
✔ Your “one stop” shop for Government Contracting assistance
✔ Reach us at ptac@gmu.edu or 703-277-7750
THIS PROCUREMENT TECHNICAL ASSISTANCE CENTER IS FUNDED IN PART THROUGH A COOPERATIVE AGREEMENT WITH THE DEFENSE LOGISTICS AGENCY.

DECEMBER 1ST
THE WATERMARK
HOTEL
TYSONS CORNER, VA
HTTPS://EVENTS.BIZZABO.COM/DOJ
On December 1st, join your peers at the
WT Power Breakfast: Doing Business
with the Department of Justice.
Washington Technology provides a
direct line to the contractor executives
who need cutting-edge IT systems and
solutions to serve the largest customer
in the world – the government market.
Attendees will:
• Hear from Justice Department
leaders
• Learn how to leverage IT to
modernize operations
• Engage in discussions about
upcoming initiatives
• Analyze how contractors can best
support their department’s mission
Secure your spot today!
FOR MORE INFO CONTACT THE EVENTS TEAM AT
GEMG.EVENTS@GOVEXEC.COM

SUBCONTRACTING OPPORTUNITIES AT
Department Of Justice

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

LEGAL SPEAKER:
James Fontana
Fontana Law Group
jfontana@fontanalawgroup.com

MISSION STATEMENT & HISTORY:
The mission of the Department of Justice is to uphold the rule of law,
to keep our country safe, and to protect civil rights.

BUREAUS / AGENCIES / OFFICES:
Antitrust Division
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Bureau of Prisons
Civil Rights Division, Department of Justice
Community Oriented Policing Services
Drug Enforcement Administration
Elder Justice Initiative
Executive Office for Immigration Review
Federal Bureau of Investigation
Foreign Claims Settlement Commission
Office of Justice Programs
Office of the Pardon Attorney
Office on Violence Against Women
U.S. Marshals Service
U.S. National Central Bureau - Interpol
U.S. Parole Commissions
U.S. Trustee Program
Office of Immigrant and Employee Rights

LINK TO DEPARTMENT:
https://www.justice.gov/
LINK TO OSDBU/OSBP:
https://www.justice.gov/osdbu
LINK TO PROCUREMENT FORECAST:
https://www.justice.gov/osdbu/find-contracting-opportunities
LINK TO SBA SCORECARD:
https://www.justice.gov/osdbu/find-contracting-opportunities

TOP 10 VENDORS

1. CoreCivic, Inc.
2. Metropolitan Security Service
3. The Geo Group, Inc.
4. Centerra Group, LLC.
5. Thundercat Technology, LLC.
6. McKesson Corporation
7. Naphcare, Inc.
8. CGI Federal, Inc.
9. NTT Data Federal Services, Inc.
10.Minburn Technology Group, LLC.

TOP 5 VENDORS - PROFILE

#1 - CORECIVIC, INC.
https://www.corecivic.com/

CORECIVIC, INC.
SBLO (SMALL BUSINESS LIAISON OFFICE) INFO /
LINK TO REGISTER AS SMALL BUSINESS VENDOR:
https://www.corecivic.com/partnership

#2 - METROPOLITAN SECURITY SERVICES, INC.
(AKA WALDEN SECURITY)
https://www.waldensecurity.com/

METROPOLITAN SECURITY SERVICES, INC.
https://www.waldensecurity.com/contact

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

THE GEO GROUP, INC.
https://www.geogroup.com/vendors

#4 - CENTERRA GROUP (AKA CONSTELLIS)
https://www.constellis.com/

CENTERRA GROUP (AKA CONSTELLIS)
https://www.constellis.com/contact/

#5 - THUNDERCAT TECHNOLOGY, LLC.
https://www.thundercattech.com/

THUNDERCAT TECHNOLOGY, LLC.
https://www.thundercattech.com/partners/

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 Justice FAR Supplement
https://youtu.be/U0NJSCVyuuU
Subcontracting – LEGAL PERSPECTIVE

Subcontracting – LEGAL PERSPECTIVE
James Fontana
Fontana Law Group

Three Basic Issues:
1. Teaming Arrangements
2. Subcontracts
3. Compliance

• DOJ procurement activities governed by CICA, FAR, JAR
• Various OBDs may issue supplemental procurement guidance (e.g., USMS Policy Directive
(Procurement), BOP Acquisition Policy)
Acquisition Regulations

• FAR defines a teaming arrangement in terms of both prime-sub (vertical) and joint venture (horizontal)
⮚ See FAR 9.601
• Enforceable or just an agreement to agree?
• Subcontract vs. Joint Venture Agreement (aka Operating Agreement)
• Use the Right Agreement:
⮚ Different Terms for a Prime and Subcontractor
⮚ Terms may differ for IDIQ vs. definite quantity/requirements
⮚ Recognize that one size does NOT fit all
Teaming Agreements: Generally

Teaming Agreements: Comparing Prime and Sub Versions
As a Prime As a Sub
Performance: No mandated quantities/workshare
(all IDIQ); agree only to negotiate a
subk upon award (risk of
unenforceability)
Require specific
quantities/workshare; definite
language to assure a subcontract
upon award
Exclusivity: Keep Sub off street Keep other teaming options open
Prices: Subject to change No adjustments (except upwards)
Payment: Due on Government payment Net-30 or similar
Termination: Discretionary (prime may T4C) Limited (only if USG T4Cs)

• The Agreement and/or SOW is indefinite, ambiguous and/or misleading
• Sub assigns work according to undefined percentages - Percentages of what?
• You promise what you can’t deliver – (workshare/term/pricing)
• Parties violate Limitation of Subcontracting clause
• Prime bids key personnel (prime and sub) that may be unavailable to perform
• You act in bad faith while negotiating the agreement
Teaming Agreements: You’re more likely to get sued if. . .

• FAR does not define Subcontract or subcontractor
• USG is not a party and will rarely interfere with the prime/sub relationship
• Though not the same as a government prime contract, they are somewhat regulated
• Considered a commercial agreement with commercial terms plus mandated and non-mandated Prime/FAR “flow-
down” clauses
• Key terms: work-share, pricing, invoicing/payment, IP, SLA/warranties, indemnification/limitation of liability
• Can subcontractors protest?
• Can subcontractors file claims/appeals?
Subcontracts: General

• A flow-down basically means transferring prime contract clauses/requirements into the subcontract
• Typically overdone by the prime: “Just flow it all down”
• For the prime it’s risk mitigation and consistency
• For the sub its increased potential liability and expense
• Divided into mandatory vs. non-mandatory clauses
• Key mandatory clauses: commercial items, compliance, EEO, SCA (see FAR 52.244-6(c)(1))
• Key non-mandatory clauses: termination, changes, stop work, OCI, disputes
• If commercial item (FAR 52.212) then fewer mandatory flow-downs
• Other prime provisions (e.g., SOW, SLAs, etc.) are also often flowed down
Subcontracts: Flow-Down Clauses

• Miscommunications in the teaming process can result in partner disputes, costly litigation, business
disruption and reputation damage
• Most disputed matters: SOW/workshare, pricing/payment, enforceability (TA), T4C costs
• Mandatory arbitration vs. non-binding mediation vs. court vs. lawyers
• Choice of law/forum (what state, county, court jurisdiction)
• Sponsored claims clauses
Subcontracts: Disputes Resolution

• False Claims Act (FCA
• Service Contract Labor Standards (SCA)
• Whistleblower Protection
• Suspension/Debarment
• Subcontractor Kickbacks
Subcontracts: Top 5 Subcontractor Compliance Risk Issues

THANK YOU FOR ATTENDING
THANK YOU TO OUR SPEAKER
James Fontana

SubContracting Opportunities - Department Of Justice

Recommandé

Recommandé

Contenu connexe

Similaire à SubContracting Opportunities - Department Of Justice

Similaire à SubContracting Opportunities - Department Of Justice (20)

Plus de JSchaus & Associates

Plus de JSchaus & Associates (20)

Dernier

Dernier (20)

SubContracting Opportunities - Department Of Justice