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  1. Will 2021 NDAA Procurement Reforms Lead to More Small Business Contracts for DOD? The subject of acquisition reform has been a leading focus for the entire government in recent years, but has been an explicit priority for defense agencies of late. As the house armed services subcommittee begins their work on the 2021 defense authorization bill next week, may are wondering if the reform started in 2018, that paved the way for small business contracts within the DoD will continue. The National Defense Authorization Act (NDAA) for FY 2018 simplified acquisitions between the range of $10,000
  2. Company has been approached by several DoD purchasers across agencies that are interested in purchasing its product. The product is a ubiquitous, low-tech component found in most government hardware systems. Government systems that require this manufactured component cannot function without it, and existing government hardware is obsolete technology and failing, raising national security concerns. Because this hardware is located in major & minor systems across the defense industrial base, the potential scope of work is daunting. The government lacks records containing specs for the curre
  3. I'd like to gather other's thoughts & opinions regarding the perception of the following scenario and whether or not the appearance of general affiliation exists and whether or not there are any ethical concerns? Company A had an employee who left approximately 3 years ago to start his own company, Company B. Company B is in the same line of work as Company A; Company A & Company B employ two (2) of the same employees (both employees provide contract support to Company A, while both employees provide security administration support to Company B); Whi
  4. Hi All, My questions are about the small business (SB) subcontracting requirements for an "other than small business (OTSB)" first-tier construction subcontractor (sub). From all the reading I've done so far, I have a few assumptions and some questions. I really appreciate any help as I am trying to set some sort of company policy. Because of the recent change regarding "Credit for Lower Tier Small Business Subcontracting"; I am guessing Prime Contractors (PC) will start coming after subs to get help from subs to meet PCs SB goals. Now questions; 1) Small Business Subcontracting Plan
  5. Department of Defense uses form DD2579, Small Business Coordination Record, in accordance with DFARS 219.201 and DFARS PGI 253.219-70. (1) What other forms do civilian, non-DoD agencies use to document the contracting officer's decision re: small business set-asides and coordination with the Office of Small and Disadvantaged Business Utilization? DHS? VA? NASA? Energy? GSA? (2) Do any frogs have Internet links to see these documents in PDF or Word? From this thread, PepeTheFrog sees that GSA uses the "2689."
  6. Congratulations: you’ve certified as small business for federal contracting purposes. In a typical contract setting, you keep your size status for the life of the contract. But in the instance of a merger or acquisition or if a contract lasts longer than 5 years, you must recertify to maintain your size status. For multiple-award contracts, the Contracting Officer is also given a good deal of latitude in terms of whether a small business must recertify for an individual order. In a recent case, Unissant, Inc. protested the size status of a competitor who’d recently earned a task order award. R
  7. @Vern Edwards has mentioned the idea of the Department of Defense (DOD) having its own acquisition laws and regulations-- completely separating it from civilian agency acquisition laws and regulations. Maybe you can throw in some other high-dollar, national-security-related agencies like Department of Homeland Security, Department of Energy, and National Aeronautics and Space Administration. The National Defense Authorization Act often includes DOD-specific legislation, so this wouldn't be a revolutionary change. PepeTheFrog hears rumors of the desire to legislate a "Defense Small Bu
  8. Hello, I'm accustomed to completing executive compensation forms, reps & certs, and other related forms when I receive a subcontract from a prime contractor. Starting about two years ago we started getting awarded our first few prime contracts... these contracts are currently in the first or second option year, and we have been getting great CPARS ratings.. great! In reviewing some internal processes during a new prime contract award I came across a clause I wasn't fully familiar with - 48 CFR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. I had on
  9. Hi! I have a situation where it seems DFAS/ACO/PCO/Contractor have a different expectation of how progress payments should work on this program. I am looking for guidance that could help everyone have the same understanding, or to weave the pieces together. I am the Contractor, small business, awarded a Task Order (which we all refer to as a "contract") under a GSA GWAC, primarily for services and material (aka not Construction). The total value to include all options is $80M. There are multiple CLIN types, mostly FPIF (with FFP for leased space and Cost for travel/materials). There are n
  10. Hello all, Senario: The requirement is an 8(a) sole source for construction and a FFP type contract is contemplated. the estimated value is 3-5million. The ktr has an OH rate of 14.95%. We normally see overhead in the range of 6-10%. The ktr has a 10% fee on top of all the subcontractor's markup. All of the proposal backup for subcontracted work only has the lump some numbers on the quotes provided. Question: 1. Is the 14.95% allowable can this be negotiated? 2. Can a prime (8(a)) get profit on profit? Im looking for a dumb down answer on this one. I have seen that so
  11. Hello, I am having trouble justifying a response with a cited intelligible answer to the following situation: What limits a small business from subcontracting out a majority of the work to a large business for an acquisition under $150K? If I received a quote that outlines that the large business will do 99% of the work do I have anything to cite to throw them out? Procurement information: Under FAR Part 13 Dollar value is estimated below $150k Total set aside for small business FAR 52.219-14 was not included in the solicitation as the acquisi
  12. How would you recommend working with government to hold the prime accountable on a full and open/unrestricted IDIQ contract, that has a goal, but not a requirement for the prime to include small business/sub-contractors in work share? Do you know of any previous contracts where this situation occurred? Without the government requiring the prime to include work share for sub-contractors, and only goals, it is going to be very difficult to find any prime that is willing to split their work share. Any advice, or examples of previous contracts that held prime's accountable for small business/sub-c
  13. As someone new to USAID contracting and running a small business, I am curious to ask anyone their thoughts on this new FAR clause (Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)) Based on the blogs I have read, this clause will likely be included in most future contracts. As a small business, we use google apps, dropbox, sales applications, and other 3rd party applications that are cloud based because of their affordability and practicality (we don't need an IT team). Provided we win future contracts with this clause, we will surely have "Federal Contract informa
  14. Under FAR Clause 52.222-11 - Subcontracts (Labor Standards) , does the actual reporting requirements stop at the Prime, or at the contracting officer? Fixed Price Construction IDIQ. All contractors/subcontractors are SB. As an example: Prime uses one subcontractor. The subcontractor (acts like a prime and) subcontracts all of the actual work. The Prime does not interpret 52.222-11 to mean that all of the document generation requirements under this clause get sent to the CO; rather, submittals like Payroll, Form 1413, Apprentice Certifications and such stop at the Prime. Prime believes the
  15. Question for any experts out there in the SEWP Contract arena. If a small business acquires a company that IS a Prime Contractor on the SEWP Contract Full and Open category can the small business be grandfathered into the appropriate SEWP Small Business Category? In this example the company acquiring the SEWP Full and Open Prime company is a SDVO/Hubzone certified company. Can they be added to the Hubzone Group? Or do they remain Full and Open category regardless of surviving Business socioeconomic status?
  16. So I stumbled across this delightful sounding concept while looking at FAR updates and thought, Oh boy, someone is trying to really help out small businesses figure out what they need to do to comply with the regs. Then I started looking around and I must say I couldn't see any difference between the "Small Entity Compliance Guide" and what I have always seen in a DAC. Is the Small Entity Compliance Guide just a way, as we would have said pre-internet, a way to kill more trees? What am I missing here?
  17. Hello everyone, I have followed WIFCON.com for a while now, but never had the need to post anything until just recently. There is discussion going on within my office, and I wanted to get different opinions on the topic. Scenario: An RFQ, using FAR Part 13 procedures, was issued for an LPTA supply requirement that totals less than $15,000. In the RFQ it was stated the appropriate NAICS and size standard. The RFQ closed, and 4 responses were received. The vendor who is the lowest priced technically acceptable is a Small Business but does not have the stated NAICS resident on their SAM prof
  18. Government has released an RFP with a 100% SDVOSB set-aside. The Government has stipulated they anticipate awarding the contract strictly on a FFP basis where all Offerors will be responsible for including all costs associated with travel and ODCs into each of the specific CLINs. Does the 50 percent that is required to be performed by the SDVOSB Prime consists of only labor or is it inclusive of all costs (labor, travel, and ODCs) as a result of how the Government is anticipating on awarding the contract?
  19. I was informed by an SBA rep that we would not be able to use individuals we subcontract with in our small business plan goals...does anyone know what hoops we could jump through to allow independent contractors to be included? The definition of "small business concern" includes sole proprietors so I guess I'm just not sure how an individual who was a woman couldn't be counted toward our WOSB goal. Any clarification would be great. Thanks.
  20. We are considering doing a SATOC small business set-aside for construction rather than MATOC. The Defense consolidation memo of October 28, 1996 would indicate this is a consolidation even though it is for construction. Value overf $25M. Though it would be "new" work because it is construction, it is work that could be performed by smalls. Should this be subject to a consolidation analysis and if so, would this a quantitative justification to show the benefits. The Jobs Act refers to this but does not seem clear. Thanks.
  21. Good Day All: I have two questions both of which are related to subcontracting. I am inquiring about when a subcontracting plan is required. Is it necessary for a subcontracting plan to be included if Offeror is taking credit for other entity's projects (ie. relevant experience project) or will meaningful relationship letters will suffice? Also for a small business set aside where the small business is the prime contractor what are the requirement for the subcontracting plan?
  22. I am currently doing USG contracting overseas. I know that according to FAR 19.000(B ), small business requirements do not apply to me, however, I believe that it is good for my agency to receive credit for small business contracting we do engage in overseas. Therefore, I often have trouble filling out the SF-1449 for solicitations in this regard. I think these are questions that people contracting in the states might have as well. 1. If we do a J&A for a small business (unrelated to the fact that it is a small business), should I/can I still be checking the Small Business Set-Aside (10
  23. I am under the impression that most Dept. of Defense RFPs include a requirement for a Small Business Subcontracting Plan (SBSP) from Large Businesses (LBs) when the FAR 19.7 criteria are triggered. In addition, most also require a Small Business Participation Plan (SBPP) from both Large and Small Business Offerors which is different from the SBSP. From what I have seen, the SBPP usually requires the Offeror to calculate the percentage of participation on total contract value (sometimes the offeror's price and sometimes the contract's ceiling value), while the SBSP usually requires the SB per
  24. We are issuing $5 million subcontract award for a project we're working on as the prime. We included 52.219-8 and 52.219-9 in the terms and conditions. The subcontractor took exception as the current effort is for NRE. I don't know if it really makes a difference at this point but thinking that they shouldn't take exception but provide a response that as this is an NRE effort the current goals are at zero. The next phase of the effort is an option for production which is why I feel we should leave the clauses. Any thoughts?
  25. Our SBA just notified us that: "If the contract is modified and the dollar value goes up or down the subcontracting plan goals need to be renegotiate to reflect the dollar change and the percentages that may be effected do the change. This will also be reflected in the eSRS reports." This doesn't make sense to me. My interpretation of FAR 19.705-2 and 19.702 leads me to believe that it must meet a certain dollar threshold and subcontract opportunites must exist. That means we would be negotiating the SB goal dollars on a $3k mod. Background on our contract, $232M CPIF. Am I missing something
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