Government Government ContractingContractingGetting to the Final Four!

PracticePracticeAnd Study of the Game

Facts about Federal ContractingFacts about Federal Contracting

The federal government is one of the largest single sources of US contracting opportunities for small businesses

Contracts exist for every item imaginable, from paper clips to armored tanks

The world’s largest buyer of goods and services is the Federal Government, with purchases totaling more than $500 billion per year.

Federal agencies are required to establish contracting goals, with at least 23 percent of all government buying targeted to small firms. 

Monitored by SBA through a network of PCRs

Prime Contracting GoalsPrime Contracting Goals23% of all prime contracts is to be set aside for

small businesses ◦ 5% of all prime and subcontracts is to be set aside for

small disadvantaged businesses ◦ 5% of all prime and subcontracts is to be set aside for

woman-owned businesses ◦ 3% of all prime contracts is to be set aside for HUBZone

small businesses ◦ 3% of all prime and subcontracts is to be set aside for to

Service Disabled Veteran-Owned Small businesses

Contracting OfficersContracting Officers Receive requirement and review for ‘procurability,’

approvals, and appropriate funding. Do market research to determine available vendor

sources. Based on market research, decide an acquisition strategy

that conforms with Federal Laws and Regulations, specifically implement socio-economic programs, as required.

Build a solicitation that conforms to the acquisition strategy.

Solicit quotes/bids/proposal(s) from eligible vendors. Evaluate/negotiate with vendors, resulting in selecting

successful offeror/bidder. Award and administer and, eventually, closeout the

contract.

Maintain a close working relationships with their local SBA district offices

PCRsPCRsProcurement Center RepresentativesProcurement Center Representatives

SBA Procurement Center Representatives (PCRs) are generally located at Federal agencies and buying activities which have major contracting programs.

PCRs are responsible for reviewing all acquisitions not set-aside for small businesses to determine whether a set-aside is appropriate and to identify alternative strategies to maximize the participation of small businesses in the procurement.

(2) As early in the acquisition planning process as practicable, but no later than 30 days before the issuance of a solicitation, or prior to placing an order without a solicitation, the procuring activity must coordinate with the procuring activity's Small Business Specialist (SBS) when the acquisition strategy contemplates an acquisition meeting the dollar amounts in paragraph (b)(2)(i) of this section, unless the contract or order is entirely reserved or set-aside for small business concerns as authorized under the Small Business Act.

CMRsCMRsCommercial Marketing Representative Commercial Marketing Representative Commercial Market Representatives (CMRs) are SBA's subcontracting specialists.

CMRs are responsible for:

Facilitating the matching of large prime contractors with small business concerns;

Counseling large prime contractors on their responsibilities to maximize subcontracting opportunities for small business concerns;

Instructing large prime contractors on identifying small business concerns by means of the SAM, SUB-Net, Business Matchmaking events, and other resources and tools;

Counseling small business concerns on how to market themselves to large prime contractors;

Maintaining a portfolio of large prime contractors and conducting Subcontracting Orientation and Assistance Reviews (SOARs). SOARs are conducted for the purpose of assisting prime contractors in understanding and complying with their small business subcontracting responsibilities, including developing subcontracting goals that reflect maximum practicable opportunity for small business; maintaining acceptable books and records; and periodically submitting reports to the Federal government; and

Conducting periodic reviews, including compliance reviews in accordance with paragraph (f) of this section.

Small Business SpecialistSmall Business Specialist As early in the acquisition planning process as

practicable, but no later than 30 days before the issuance of a solicitation, or prior to placing an order without a solicitation, the procuring activity must coordinate with the procuring activity's Small Business Specialist (SBS) when the acquisition strategy contemplates an acquisition meeting the dollar amounts in paragraph (b)(2)(i) of this section, unless the contract or order is entirely reserved or set-aside for small business concerns as authorized under the Small Business Act.

Offices of Small and Disadvantaged Offices of Small and Disadvantaged Business Utilization (OSDBU)Business Utilization (OSDBU)

The goal of the OSBDU offices is to advocate for and manage the small business utilization programs for their organization.

The Director of the OSDBU - primary advocate responsible for promoting the maximum practicable use of small business within the Federal Acquisition process.

The OSDBU is tasked with ensuring that each Federal agency and their large prime vendors comply with federal laws, regulations, and policies to include small business concerns as sources for goods and services as prime contractors and subcontractors.

Federal OSDBU Offices/Small Business Specialists: http://www.osdbu.gov/offices.html

SBA - Resource PartnersSBA - Resource Partners PTACs- provide assistance to business firms in

marketing products and services to the Federal, state and local governments available at no or nominal cost www.dla.mil/db/procurem.htm

Small Business Development Centers – provide one on one management assistance to SB; Women Business Centers: http://www.sba.gov/aboutsba/sbaprograms/onlinewbc/index.html

SCORE - Get free & Confidential small business mentoring and advice (online and in-person mentoring) from Successful Business Advisors www.score.org

Federal Contracting ProceduresFederal Contracting Procedures In order to win federal contracts, you will want/need to

become familiar with federal regulations

Federal Acquisition Regulations (FAR) www.acquisition.gov/far

Subpart 8.4 – Federal Supply Schedules Part 12 – Commercial Items Part 13 – Simplified Acquisitions Part 14 – Sealed Bidding Part 15 – Contracting by Negotiation Part 19 – Small Business Programs

Defense Federal Acquisition Regulation Supplement (DFARS) www.acq.osd.mil/dpap/

GSA’s Regulations: https://www.acquisition.gov/gsam/gsam.htmlTraining available through SBA 7(j) training and @ SBA.gov

Competition Competition Competitive Analysis

Market ResearchMarket Research

Federal Agency Procurement Forecasts: http://acquisition.gov/comp/procurement_forecasts/index.html

Federal Business Opportunities (FedBizOpps) (FBO) is the exclusive official source to identify federal contracts over $25,000

www.fedbizopps.gov or www.fbo.gov

Federal Procurement Data System – Next Generation www.FPDS.gov

Increased use of Sources Sought Notices in the FBO – Become familiar with and Respond to these notices. Pay attention to what specifically the agency is asking for in the notice.

Large contract awards and special notices (e.g., procurement conferences) are also publicized in the FBO.

FPDS - ezSearch ReturnsFPDS - ezSearch ReturnsSearch on NAICS or

DUNS numbers and returned numerous results.

Drill into the results to obtain more information.

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Analyzing your Sweet SpotAnalyzing your Sweet Spot

Game TimeGame TimeCompliance and Content

Keep it Moving and Improving!Keep it Moving and Improving!Attend procurement conferences and business

exposBecome a member in key associations Attend Business Matchmaking eventsConduct routine SWOT analysis Add details to DSBS your Dynamic Small

Business Search profile (e.g., GSA schedule number, commercial customers, federal customers, special capabilities).

Attend training (e.g., Contracts administration, Project management, 7(j))

The Acquisition LifecycleThe Acquisition Lifecycle

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Leads

Q0

Q1

T3

B4

S

Q2

Q0 Identification

Q1 Qualification

Q2 In Process Review / Develop.

T3 Finalize Capture Plan

B4 Proposal Development

S Submitted Proposal

(Post-Marketing Activity)

Compliance: The Key to It AllCompliance: The Key to It All Three Rules for a solicitation

Read it…Read it…Read it!!!

Compliance to Proposal Instructions: Section C, L, and M specifically

Sound Management Plan inclusive of your management structure and governance

Balance between their requirements and your win strategies Focus on Your Discriminators, and Ghost if necessary

Low Risk, Efficient Solutions Win - The government is not signing up for your problems.

On-Time delivery

Part I--The Schedule A Solicitation/contract form B Supplies or services and prices/costs C Description/specifications/work statement D Packaging and marking E Inspection and acceptance F Deliveries or performance G Contract administration data H Special contract requirements

Uniform Contract FormatUniform Contract Format

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Part II--Contract Clauses I Contract clauses

Part III--List of Documents, Exhibits, and Other Attachments J List of attachments

Part IV--Representations and Instructions K Representations, certifications, and other statements of offerorsL Instructions to offerorsM Evaluation factors for award

Uniform Contract Format (cont.)Uniform Contract Format (cont.)

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Questionnaires Drive a Need for Client Relationship Management

Recent, Relevant and Tailored Approach Ensure Evaluation Criteria are met

Review Section L (instructions) & Section M Work completed in the last three years Similar in scope, complexity and size

When asked to address problems, show how company worked with the client to turn things

around and deliver a successful project

Past PerformancePast PerformanceA New Dynamic Is in PlayA New Dynamic Is in Play

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Business DeveloperBusiness Developer◦ Corporate or Division resource responsible for targeting,

identifying and pursuing new business opportunities.

Capture Manager (CM)Capture Manager (CM)◦ From Corporate or Division; responsible for developing

and implementing a winning strategy; Serves as the main focal point for the opportunity once a bid decision is rendered.

Proposal Manager or Proposal Coordinator (PM)Proposal Manager or Proposal Coordinator (PM)◦ Assists the CM with coordinating, managing, editing, and

formatting the proposal. Solution Architects and Subject Matter Experts Solution Architects and Subject Matter Experts

(SME)(SME)◦ Technical expert from the Division or a team used to write

specific portions of a proposal who may be member.

Key Resources / ResponsibilitiesKey Resources / Responsibilities

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Proposal Review ProcessProposal Review Process

Submit to Client

In-process Review(s)

UpdateProposal

UpdateProposal

Pink Team

FinalizeProposal

FinalizeProposal

Red Team

DevelopDraft

DevelopDraft

Gold Team

White Glove

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WinningWinningSource Selection – How It Works

Source SelectionSource Selection The objective of source selection is to select the proposal

that represents the best value. Ensure consistency among the solicitation requirements,

notices to offerors, proposal preparation instructions, evaluation factors and subfactors, solicitation provisions or contract clauses, and data requirements;

Ensure that proposals are evaluated based solely on the factors and subfactors contained in the solicitation.

Competitive Range Competitive Range Agencies shall evaluate all proposals in accordance with

15.305(a), and, if discussions are to be conducted, establish the competitive range.

Based on the ratings of each proposal against all evaluation criteria, the contracting officer shall establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency.

Provided the solicitation notifies offerors that the competitive range can be limited for purposes of efficiency (see 52.215-1(f)(4)), the contracting officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals (10 U.S.C. 2305(b)(4) and 41 U.S.C. 253b(d)).

(

15.307 Proposal revisions15.307 Proposal revisions If an offeror’s proposal is eliminated or otherwise removed from

the competitive range, no further revisions to that offeror’s proposal shall be accepted or considered.

The contracting officer may request or allow proposal revisions to clarify and document understandings reached during negotiations. At the conclusion of discussions, each offeror still in the competitive range shall be given an opportunity to submit a final proposal revision.

The contracting officer is required to establish a common cut-off date only for receipt of final proposal revisions.

Requests for final proposal revisions shall advise offerors that the final proposal revisions shall be in writing and that the Government intends to make award without obtaining further revisions.

Source Selection DecisionSource Selection Decision Based on a comparative assessment of proposals against

all source selection criteria in the solicitation. The source selection decision shall represent the SSA’s

independent judgment. The source selection decision shall be documented, and

the documentation shall include the rationale for any business judgments and tradeoffs made or relied on by the SSA, including benefits associated with additional costs.

Although the rationale for the selection decision must be documented, that documentation need not quantify the tradeoffs that led to the decision

Know The RulesSelect WiselyDo Your HomeworkCompliance Is Everything

Source Selection FAR 15.300-308Compliance

ConclusionConclusion

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Questions and AnswersQuestions and Answers

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