Basics of Government Contracting

BE FAMILIAR WITH REGULATIONS

• Integrated Acquisition Environment (IAE)

• Federal Acquisition Regulations (FAR)
  http://www.regulations.gov

• Link to Agency Supplemental Regulations
  http://www.acquisition.gov

• Defense Acquisition Regulation Supplement (DFARS) http://www.acq.osd.mil/dpap

• Business Gateway Initiative (legal/regulatory info)
  http://www.Business.gov

• SBA Small Business Training Network (free courses) http://www.sba.gov/services/training/index.html

FEDBIZOPPS (FAR PART 5)
http://www.fedbizopps.gov

DoD and Federal contracting activities post most requirements and awards.
More Than: $25,000 to FEDBIZOPPS website

• Active or archive search by dates and/or:

CONTRACT TYPES (FAR PART 16)

1. Fixed-price: sealed bidding or negotiated

2. Cost-Reimbursement: negotiated only

3. Various types range from firm-fixed-price with contractor bearing most responsibility / risks for costs & profit to cost-plus-fixed-fee with contractor bearing less responsibility / risks for costs & profit (i.e., fee) is fixed

SMALL BUSINESS SUBCONTRACTING

1. A Small Business Subcontracting Plan is required:

   1. From large businesses, when work is performed in U.S., not personal services

   2. Contracts or modifications More Than: $550,000 ($1M for construction), if subcontracting possibilities

   3. Must be approved before award
       

2. Includes small business goals and designated Small Business Liaison Officer (SBLO)

SUBCONTRACTING OPPORTUNITIES

1. • FEDBIZOPPS "Interested Vendors" list & award announcements

1. Directory of Small Business Liaison Officers on DoD Contracts

1. U.S. Small Business Administration Subcontracting Network

CONTRACT METHODS
Dollar thresholds change for contingency & commercial contracts.

COMPETITION REQUIREMENTS (FAR PART 6)

Full and Open Competition: All responsible sources are permitted to compete.

Full & Open Competition After Exclusion of Sources:

• Establish or maintain alternative sources,

• 8 (a) competition,

• HUBZone

• SD-VOSB - Service-Disabled Veteran-Owned Small Business

• Small business set-asides - Office of Small and Disadvantaged Business Utilization

Other than Full & Open Competition:

• Sole source, Urgency,

•  Industrial mobilization,

•  International agreement,

•  Authorized or required by statute (includes 8(a), HUBZone, SD-VOSB),

•  National security

Small Business (SB) – Located in U.S, organized for profit, including affiliates is independently owned & operated, not dominant in field of operations in which it is bidding on Government contracts, AND meets Small Business Administration (SBA) size standards included in solicitation. Size standard is based upon the North American Industrial Classification Standard (NAICS) assigned to the specific procurement dependent upon product/service purchased.

Woman-Owned Small Business (WOSB) – Small Business, at least 51% owned by ≥ 1 women, AND management & daily business operations controlled by ≥ 1 women.

Small Disadvantaged Business (SDB) – Small Business, unconditionally owned & controlled by ≥ 1 socially & economically disadvantaged individuals who are of good character & citizens of the U.S. AND SBA-certified.

Small Disadvantaged Business 8(a) Certified [8(a)] – Small Business, SBA-certified as a SDB, AND SBA-certified into the 8(a) Business Development Program for a period of 9 years.

Historically Underutilized Business Zone (HUBZone) – Small Business, owned & controlled ≥ 51% by U.S. citizens, SBA-certified as a HUBZone concern (principal office located in a designated HUBZone & ≥ 35% of employees live in a HUBZone).

Veteran-Owned Small Business (VOSB) – Small Business, veteran-owned as defined in 38 USC 101(2), ≥ 51% owned by ≥ 1 veterans, & management/daily operations controlled by ≥ 1 veterans.

Service-Disabled Veteran Owned Small Business (SD-VOSB) Small Business, veteran-owned, ≥ 51% owned by ≥ 1 service-disabled veterans, AND management & daily business operations controlled by ≥ 1 service disabled veterans OR in the case of veteran with permanent & severe disability, the spouse or permanent caregiver of such veteran, AND with 0% - 100% service-connected disability as defined in 38 USC 101(16) & documented on DD 214 or equivalent.

Historically Black Colleges & Universities (HBCU)/ Minority Institutions (MI) – HBCU is an accredited institution established before 1964 whose principal mission is education of black Americans. MIs are institutions meeting requirements of Higher Education Act of 1965 and Hispanic-serving institutions defined at 20 USC 1059. The Secretary of Education must designate HBCUs/MIs.

 SEE LIST AT:

PROCESS for More Than:
 $100,000 ACTIONS

• Acquisition Planning & Market Research,

• Solicitation Advertised Electronically',

• Solicitation Issued Electronically, Submit Bids/Proposals Electronically,

• Bids/Proposals Evaluated,

• Oral Presentations (if required),

• Negotiations (if required),

• Subcontracting Plan Final Approval
  (Large business only, if required),

• Award,

• Debriefing
  (Negotiated acquisitions, if requested),

• Performance & Successful Completion,

Marketing to the Department of Defense: The Basics

SMALL BUSINESS FEDERAL POLICY (FAR 19.201):
It is the policy of the Government to provide maximum practicable opportunities in its acquisitions to small business….concerns. Such concerns must also have the maximum opportunity to participate as subcontractors…

http://www.acq.osd.mil/osbp/doing_business/index.htm

• Government Contracting: The Basics

• Department of Defense Subcontracting: The Basics

• Marketing to the Department of Defense: The Basics

• August 25, 2009: Federal Register Definitions of Words and Terms for DoD Contracting