2024: The FAR - Federal Acquisition Regulations, Part 38

JenniferLSchaus 95 views 47 slides Jun 05, 2024
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About This Presentation

Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos


Slide Content

2024 Webinar Series The FAR: Federal Acquisition Regulations Understand the rules of the federal contracting game - and play to win ! J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR ABOUT THE SERIES : We’ll cover each PART of THE FAR Typically held Wednesdays and Fridays, 12pm Complimentary Recorded Video Posted on YouTube https://www.youtube.com/@jenniferschaus/videos PPT Posted on Slideshare.net Sponsor/Advertising Options Available J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR ABOUT US: Services for FED GOV CONTRACTORS: Washington DC based; Professional services for established gov cons; Market Analysis to GSA Schedules; Contract Administration, etc. J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR ABOUT US: Services for THOSE SELLING TO FED CONTRACTORS: Newsletter Advertising; Webinar Advertising; Social Media Advertising; Event Sponsorship; Ask for our MEDIA KIT! J Schaus & Associates, WASHINGTON DC – [email protected]

Marketing TO Federal Contractors? BOGO Digital Advertising Offer 30,000+ Newsletter Subscribers 90% Federal Contractors 23% - 32% Open Rates (12 Mo Ave) 4% - 12% Click Rates (12 Mo Ave) -------------------------------- [email protected] for details

US SENATE – & - HOUSE OF REPRESENTATIVES Scheduled Hearings

Our Complimentary Webinars With APEX Accelerators

VA APEX ACCELERATOR - 2024 TRAINING EVENTS THURSDAY, JUNE 13 th 11.30am-1.30pm GSA Schedules: Requirements, Proposal Prep and – What’s Next REGISTER: https://virginiaptac.ecenterdirect.com/events/4448 TUESDAY, AUGUST 6 th 1pm-3pm Marketing 101 For Federal Contractors: Attract The Primes, Attract The Government REGISTER: https://virginiaptac.ecenterdirect.com/events/4452 TUESDAY, NOVEMBER 12 th 9.30am-11.30am GSA Schedules: Requirements, Proposal Prep and – What’s Next REGISTER: https://virginiaptac.ecenterdirect.com/events/4456

MD APEX ACCELERATOR - 2024 TRAINING EVENTS THURSDAY, JUL 25 th 2024 10am-11am Kickstart Your Federal Marketing REGISTER: https://mdptac.ecenterdirect.com/events/15242 THURSDAY, DEC 5 th 2024 10am-11am GSA Schedules - What You Need To Know REGISTER: https://mdptac.ecenterdirect.com/events/15244

Our Sponsored Content Webinars Palmetier Law – Part 1 of 2 - Thursday JUNE 20 SBIR / STTR Unleashing Small Business Innovations: A Path To Growth & Prosperity https://attendee.gotowebinar.com/register/819675359822707801 Palmetier Law – Part 2 of 2 Thursday JUNE 27 SBIR / STTR Unleashing Small Business Innovations: A Path To Growth & Prosperity https://attendee.gotowebinar.com/register/4351522212519190620

Federal Government Contractors SUMMER SOIREE Monday June 24 th John F Kennedy Center 530PM - 730PM Meet The FED GOV & Network with Contractors! TICKETS REQUIRED IN ADVANCE https://govsummer2024.eventbrite.com

SPONSORS – GOVERNMENT – IN-KIND SPONSORS Federal Government Contractors - SUMMER SOIREE Monday June 24 th - John F Kennedy Ctr - 530PM - 730PM SPONSORSHIPS OPPORTUNITIES AVAILABLE [email protected]

2024 Webinar Series - THE FAR THANK YOU TO OUR WEBINAR SPONSORS J Schaus & Associates, WASHINGTON DC – [email protected]

The FAR – Federal Acquisition Regulations - WEBINAR SERIES 2024 JSchaus & Associates – Washington DC – [email protected]

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 [email protected] or 703-277-7750 This APEX Accelerator is funded in part through a cooperative agreement with the Department of Defense. Next Steps?

  VISIT GPCNOW.COM FOR MORE INFORMATION

2024 Webinar Series THE FAR THE FAR – PART 38 J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR FAR PART #38: Federal Supply Schedule Contracting SPEAKER: Anthony H. “Tony” Anikeeff FIRM: Williams Mullen EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR FAR Part 38 - Agenda Practical Contractor Approach To Federal Supply Schedule Contracts What Part 38 covers Why important to Contractors How to Get a GSA MAS Schedule Contract How GSA MAS contracts work VA Schedule contracts J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR FAR Part 38 – What Part 38 Covers - Scope Prescribes policies and procedures for contracting for supplies and services under the Federal Supply Schedule (“FSS”) program (synonymous with “GSA Schedules Program” and “Multiple Award Schedule Program”) Directed and managed by the General Services Administration (“GSA”) GSA delegated certain responsibilities to Department of Veterans Affairs (“VA”) FAR Subpart 8.4 governs ordering and related processes J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR What FAR Part 38 Covers - Scope, Cont’d Two FSS Programs GSA administers “Multiple Award Schedule” (“MAS”) program: (See generally: https://www.gsa.gov/buy-through-us/purchasing-programs/multiple-award-schedule ) VA administers VA Federal Supply Schedule Service program (See generally: https://www.fss.va.gov/ ) Department of Defense manages similar schedule system for military items but not part of FSS (See DFARS Subpart 208.4 – Federal Supply Schedule (See generally: https://www.acq.osd.mil/dpap/dars/dfars/html/current/208_4.htm ) J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR FAR Part 38- What it does FSS provides Federal agencies & other users with simplified acquisition process for commercial supplies and commercial services Through indefinite-delivery- indefinite-quantity contracts awarded using competitive procedures Provided at agreed “fair and reasonable” prices for given periods of time Potential discounts for volume purchases For delivery within a stated geographic area, e.g., 48 contiguous states, the District of Columbia, Alaska, Hawaii, and overseas J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR FAR Part 38 - Who uses? Most agencies must use FSS contracts as primary sources of supply. Others may use. States and Local Governments may buy off of FSS Cooperative Purchasing Program for: IT, security, and law enforcement products, services, and solutions Disaster Purchasing Program: All Schedules in support of disaster preparation, response, and major disaster recovery Public Health Emergencies: All GSA Schedules when spending federal grants funds in direct response to PHEs. Also: Defense Department program for counter-drug, homeland security, and emergency response activities J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR FAR Part 38 - Why FSS Is Important To Contractors? Affords a ccess to federal, state, and local government buyers for their commercial supplies and services Streamlined acquisition process Pre-negotiated ceiling prices deemed “fair and reasonable” Saves time vs standard competition processes Internet access to markets via GSA Advantage, GSA-eBuy Long term – 5 year base with three 5-year options Low fee (0.75%) built into pricing Can team with other GSA MAS holders to expand offering (“CTA Teams”) Potential Basic Purchasing Agreements (“BPA”) for repetitive needs J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Does My Product / Service Fit Within GSA MAS? Structure simplified in 2019 from multiple specific schedules 12 Large Categories Office Management, Facilities, Furniture and Furnishings, Human Capital, Industrial Products and Services, Information Technology, Miscellaneous, Professional Services, Scientific Management Solutions, Security and Protection, Transportation and Logistics Services, Travel Each Large Category broken into subcategories: e.g., Information Technology Subcategory: Electronic Commerce, Bullet IT Hardware, Bullet IT Services, Bullet IT Software, IT Solutions, IT Training, Telecommunications Covers various Special Item Numbers: Electronic Commerce and Subscription Services Includes: value added network services, e-mail services, Internet access services, electronic subscription services, data transmission services, and emerging electronic commerce technologies. See generally - https://www.gsa.gov/buy-through-us/purchasing-programs/multiple-award-schedule J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Getting a GSA MAS Schedule – Can I Qualify? Prerequisites – Be able to demonstrate Financial Stability In business for 2 years But: “Startup Springboard” if less than 2 years Establish you have commercial sales of products / services Compliant with Trade Agreements Act – Sourcing of Products J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Getting a GSA MAS Schedule – Initial Steps Self guided process but one can use consultants ( https://www.gsa.gov/buy-through-us/purchasing-programs/multiple-award-schedule/help-with-mas-contracts-to-sell-to-government ) T ake “Pathways to Success” training (w/in 1 year) Assists prospective contractors in making informed business decisions whether GSA Schedule contract is in best interest. Provides background information on the GSA Schedules program and includes topics such as expectations of contractors, how to compete and succeed as a schedule contractor, how to develop a schedule-specific business plan, and how to submit a quality offer Take “Readiness Assessment” via Authorized Representative (w/in 1 year) Helps decide your fit. Will need to assess what Special Item Number, Subcategory, and Large Category you want to pursue J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Getting a GSA MAS Schedule – Next Steps Register in SAM.gov and obtain Unique Entity Identifier (“UEI”) Download and study MAS Schedule Solicitation That Fits your Product / Service Sets out all that one needs to furnish to GSA as part of offer Can vary by Large Category and SIN Register in “eOffer” – Used to submit offers and accept modifications J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Getting a GSA MAS Schedule – Prepare Offer Three Sections To Offer Administrative Technical Pricing J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Getting a GSA MAS Schedule – Administrative Section Information about company Cover Letter – Explain contents of offer Pathways to Success and Readiness Assessment Certification Agent Authorization Letter – If used, lets a consultant submit offer and be present for negotiations SAM Registration Certificate Financials 2 years of data via income statement or balance sheet Alternative data to prove experience if less than 2 years via Springboard Program If other than a small business, then a Small Business Subcontracting Plan If a “Reseller” of others’ good and not the manufacturer - Letters of Supply from manufacturer(s) J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Getting a GSA MAS Schedule – Technical Section Establishes offeror capable of providing products or services (Elements may vary by SIN) Corporate Experience Narrative – Provide narrative of experience in field over two years (unless using Springboard Program) For Service Offerings: Past Performance – Contractor Performance Assessment Reporting System (“CPARS”) reports re similar work in last three years on three distinct projects, or Three past performance references which agree to complete GSA questionnaire Relevant Project Experience – Describe relevant project experience for each proposed SIN to include SOW, client, and narrative about project. Can use one project for multiple SINs (with separate descriptions) J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Getting a GSA MAS Schedule – Pricing Section This is a true proposal , to be negotiated with GSA Elements Commercial Pricelist/Internal Market Rate Sheet - Prices company typically charges via price list or internal market rate sheet Commercial Sales Practices - Information on company Commercial Sales Practices and what company determines is its Most Favored Customer (“MFC”) and Basis of Award (“BOA”) customer (usually same and MFC) on which company will base GSA price Not required if opting into Transactional Data Reporting (“TDR”). Price Proposal List – Combined pricing offer in one location to include each product / service, pertinent SINs, unit of issue, information from description document, commercial price, MFC price and discount (if any), GSA price and proposed discount (if any), volume discounts, and support for pricing J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR GSA MAS Schedules – Post Submission Agency Review / Negotiations Initial review – Notice of receipt, contracting officer assignment & initial review - about one month Clarifications requested by GSA Negotiations – GSA may seek increased discounts or not - expect back and forth Get it right first time – Errors will delay or lead to rejection (Resubmission of rejected offer requires explanation) Respond to clarifications promptly Overall process will take time J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR GSA MAS Schedules – Contract Performance Review and execute Final Proposal Revision which is official contract Publish Pricelist, "Authorized Federal Supply Schedule Pricelist“ – Contains All contractor’ offered supplies / services, pricing, terms and conditions for each Special Item Number on schedule J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR GSA MAS Schedules – Ordering "GSA Advantage!" - online service by which ordering activities may place orders against Schedules eBuy – electronic platform enabling ordering activities to post requirements, obtain quotes, and issue orders Ordering of products and services (with or without a SOW) Below micro-purchase level - place with contractor which can meet needs Below simplified acquisition level: RFQ to at least three schedule holders meeting needs Above simplified acquisition level: place on competitive basis after posting RFQ on eBuy or distributing to as many schedule holders as practical BPAs - Ordering activities may establish BPAs under any schedule contract to fill repetitive needs for supplies or services based upon best value for up to five years. Discounted pricing Ordering activity may (i) set aside order or BPA for small business and (ii) limit sources if justified J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR GSA MAS Schedules – Performance Inspection and Acceptance: At destination unless order states at source Nonconformance: Ordering activity to act per order requirements Failure to correct may lead to revised delivery order or termination Termination for convenience: Ordering activity may TFC Termination for cause: Ordering activity may charge reprocurement costs Disputes: Address order issues with ordering contracting officer J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR GSA MAS Schedules – Compliance Is Critical Review contract terms and conditions Minimum sales requirement: $25,000 in first two years and each year thereafter Sales Reporting and Industrial Funding Fee: Quarterly except TDR (monthly) Update GSA offerings re products / services offered, pricing, SINs, Advantage catalogue Update Commercial Sales Practices (except TDR) Trade Agreements Act Labor Qualifications (Services) SAM annual registration update Subcontracting Reports (if required) J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR VA Federal Supply Schedules See generally: https://www.fss.va.gov/ VA manages 9 multiple award schedule programs for medical equipment, supply, pharmaceutical, and service contracts Sales to VA, other federal agencies, mixed ownership government corporations, District of Columbia, authorized contractors and activities Similar solicitation processes to GSA MAS Is VA Schedule right for your company – See https://www.va.gov/opal/nac/fss/prospective.asp J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR THANK YOU FOR ATTENDING! FAR PART #38: Federal Supply Schedule Contracting SPEAKER: Anthony H. “Tony” Anikeeff FIRM: Williams Mullen EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series The FAR: Federal Acquisition Regulations THANK YOU FOR JOINING US! J Schaus & Associates, WASHINGTON DC – [email protected]