2024: The FAR, Federal Acquisition Regulations - Part 5

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/user/Schausjennifer/feed

1. 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]

2. 2024 Webinar Series THE FAR ABOUT THE SERIES : We’ll cover each PART of The FAR Typically held Wednesdays and Fridays , 12pm (eastern) Complimentary & Recorded Video Posted on YouTube https://www.youtube.com/@jenniferschaus/videos PPT Posted on SlideShare.net Sponsor/Advertising Options Available [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

3. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

4. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

5. 2024 Webinar Series THE FAR ABOUT US: Services for FEDERAL GOVERNMENT CONTRACTORS: Washington DC based; Professional services for established gov cons; Market Analysis to contract vehicles: GSA Schedules, FedLink , DHS PACTS III & NASA SEWP IV ; Contract Administration, Compliance, Pricing, etc. J Schaus & Associates, WASHINGTON DC – [email protected]

6. 2024 Webinar Series THE FAR ABOUT US: Services for THOSE SELLING TO FED CONTRACTORS: Newsletter Advertising; Webinar Advertising; Social Media (LinkedIn) Advertising; Event Sponsorship; Ask for our MEDIA KIT! J Schaus & Associates, WASHINGTON DC – [email protected]

7. Networking Event – FEB 12 Register: https://wintersoiree2024.eventbrite.com

8. Thursday, February 15 th 2024 10:00AM – 12:00PM EST Marketing 101 For Federal Contractors: Attract The Primes, Attract The Government VIRTUAL CLASS REGISTER: https://virginiaptac.ecenterdirect.com/events/3875

9. REGISTER: https://events.teams.microsoft.com/event/98ad5449-b677-4bd9-8256-53414b75c4fc@e9a70f06-57a6-4c69-b252-8df53ffb7ae1 REGISTER

10. Get Help With DHS PACTS III Contact Us: [email protected]

11. Get Help With NASA SEWP IV Contact Us: [email protected]

12. Our Sponsored Content Webinars Federal Forecasting App – Tuesday MARCH 12 Title Coming Soon https://attendee.gotowebinar.com/register/8814714788105852255 Agile ATS – Thursday MARCH 14 Recruiting Strategies, Systems & Tactics For GovCons https://attendee.gotowebinar.com/register/6242153347226568539 MyGovWatch – Tuesday MARCH 26 RFP Cliches Debunked: What Government Buyers Really Think! https://attendee.gotowebinar.com/register/8990966502126615896

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

14. 2024 Webinar Series - THE FAR THANK YOU TO OUR WEBINAR SPONSORS J Schaus & Associates, WASHINGTON DC – [email protected]

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

16. 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?

17. 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?

18. 2024 Webinar Series THE FAR THE FAR – PART 5 J Schaus & Associates, WASHINGTON DC – [email protected]

19. 2024 Webinar Series THE FAR FAR PART #5: Publicizing Contract Actions SPEAKER: Connor Farrell FIRM: Miller & Chevalier Chartered EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

20. 2024 Webinar Series - THE FAR Agenda Definitions Synopses of Proposed Contract Actions Required Elements Dollar Thresholds & Response Times Exceptions Availability of Solicitations Notice of Subcontracting Opportunities Synopses of Contract Awards Benefits of FAR Part 5 J Schaus & Associates, WASHINGTON DC – [email protected]

21. 2024 Webinar Series - THE FAR Definitions Contract action : An action resulting in a contract, including actions for additional supplies or services outside the existing contract scope. FAR 5.001. Does not include action within the scope of the existing contract, such as contract modifications issued pursuant to the Changes clause, funding, or other administrative changes. Governmentwide point of entry (GPE) : The single point where Government business opportunities can be accessed electronically by the public. Opportunities valued greater than $25,000 Includes synopses of proposed contract actions, solicitations , and associated information GPE is located at www.sam.gov . FAR 5.201(d). J Schaus & Associates, WASHINGTON DC – [email protected]

22. 2024 Webinar Series - THE FAR Synopses of Proposed Contract Actions As required by the Small Business Act and Office of Federal Procurement Policy Act, agencies must make notices of proposed contract actions available. For acquisitions of supplies and services, the contracting officer must transmit a notice to the GPE, for each proposed: Contract action expected to exceed $25,000 Modification to an existing contract for additional supplies or services expected to exceed $25,000 Contract action in any amount when advantageous to the Government Primary purpose of the notice is to improve small business access to acquisition information and enhance competition by identifying contracting and subcontracting opportunities. FAR 5.201 J Schaus & Associates, WASHINGTON DC – [email protected]

23. 2024 Webinar Series - THE FAR Synopses of Proposed Contract Actions Each synopsis transmitted to GPE must include: J Schaus & Associates, WASHINGTON DC – [email protected] (1) Action Code (2) Date (3) Year (4) Contracting Office ZIP Code (5) Product or Service Code (6) Contracting Office Address (7) Subject (8) Proposed Solicitation Number (9) Closing Response Date (10) Contact Point or Contracting Officer (11) Contract Award and Solicitation Number (12) Contract Award Dollar Amount (13) Line-Item Number (14) Contract Award Date (15) Contractor (16) Description (17) Place of Contract Performance (18) Set-aside Status FAR 5.207

24. 2024 Webinar Series - THE FAR Synopses of Proposed Contract Actions Below $15,000: no publication requirements Between $15,000 - $25,000 Agencies must display in a public place, or by an appropriate and equivalent electronic means, a synopsis or the actual solicitation for at least 10 days If a contracting officer posts a synopsis, then they must allow “a reasonable opportunity to respond” after issuing the solicitation. FAR 5.101(a)(2). Considerations: complexity, commerciality, availability, and urgency Between $25,000 - $250,000 Notice of proposed contract action must be posted on GPE at least 15 days before issuance of a solicitation CO must establish a solicitation response time that affords offerors “a reasonable opportunity to respond” Above $250,000 (Simplified Acquisition Threshold) Notice of proposed contract action must be posted on GPE at least 15 days before issuance of a solicitation CO must establish a solicitation response time of at least 30 days Commercial items : CO may establish shorter periods for notice and response time or use the combined synopsis and solicitation procedure ( see FAR 12.603) J Schaus & Associates, WASHINGTON DC – [email protected]

25. 2024 Webinar Series - THE FAR Synopses of Proposed Contract Actions Exceptions to Notice Requirement: J Schaus & Associates, WASHINGTON DC – [email protected] National Security Unusual and compelling urgency (FAR 6.302-2) Foreign government Authorized or required by statute (e.g., 8(a), AbilityOne, FPI , HUBZone, WOSB) Utility services Orders placed under indefinite-delivery contracts (FAR 16.5) Small Business Innovation Development Act of 1982 Unsolicited research proposal that demonstrates unique and innovative concept Perishable subsistence supplies Industrial mobilization; engineering, developmental, or research capability; or expert services (FAR 6.302-3) Public interest (FAR 6.302-7) Existing contract previously synopsized Proposed action by a Defense agency made and performed outside the U.S., soliciting only local sources Less than simplified acquisition threshold (currently $250,000) Agency head determination FAR 5.202

26. 2024 Webinar Series - THE FAR Oral Quotes If an agency issues an oral solicitation (as opposed to a written solicitation), it is not required to comply with the public posting/display requirements. FAR 5.101(a)(2)(ii). Oral solicitations should only be used for non-complex requirements. FAR 13.106-1(c): Contracting officers shall solicit quotes orally to the maximum extent practicable, if The acquisition does not exceed the simplified acquisition threshold; Oral solicitation is more efficient than soliciting through available alternatives; and Notice is not required under FAR 5.101. Oral solicitations may not be practicable for contract actions exceeding $25,000 unless covered by an exception in 5.202. J Schaus & Associates, WASHINGTON DC – [email protected]

27. 2024 Webinar Series - THE FAR Synopses of Proposed Contract Actions Presolicitations : COs must provide access to presolicitation notices through the GPE. FAR 5.204. Special Notices : COs may transmit to the GPE special notices of procurement matters such as business fairs, long-range procurement estimates, preproposal conferences, and the availability of draft solicitations and specifications. Special Notices. FAR 5.205(c). J Schaus & Associates, WASHINGTON DC – [email protected]

28. 2024 Webinar Series - THE FAR Availability of Solicitations Solicitations : The contracting officer must also make solicitations available through the GPE, including specifications, technical data, and other pertinent information determined necessary by the contracting officer, unless: Disclosure would compromise the national security, Nature of the file (e.g., size, format) does not make it cost-effective or practicable, or Agency senior procurement executive written determination that access through GPE not in Government’s interest Brand-name justifications: if applicable, shall be included with the solicitation Small Business Concerns : the contracting officer must provide, upon request to small business concerns: A copy of the solicitation and specifications, Contracting office POC, and Adequate citations to each applicable major Federal law or agency rule with which small business concerns must comply in performing the contract. Other than Full & Open : the contracting officer must provide copies of a solicitation issued under other than full and open competition to firms requesting copies that were not initially solicited. J Schaus & Associates, WASHINGTON DC – [email protected]

29. 2024 Webinar Series - THE FAR Notices of Subcontracting Opportunities The following entities may transmit a notice to the GPE: A contractor awarded a contract exceeding $250,000 that is likely to result in the award of any subcontracts. A subcontractor, at any tier, under a contract exceeding $250,000 that has a subcontracting opportunity exceeding $15,000 In order to: To seek competition for subcontracts, To increase participation by qualified SB, HUBZone, SDB , WOSB, VOSB, and SDVOSB concerns, and To meet established subcontracting plan goals. Notice must describe (1) the business opportunity, (2) prequalification requirements, and (3) where to obtain technical data needed to respond to the requirement J Schaus & Associates, WASHINGTON DC – [email protected]

30. 2024 Webinar Series - THE FAR Synopses of Contract Awards COs required to synopsize through the GPE: C ontract awards exceeding $25,000 that are: (1) C overed by World Trade Organization Government Procurement Agreement or a Free Trade Agreement, or (2) L ikely to result in the award of any subcontracts Contract awards exceeding $250,000 that are: (1) Federal Supply Schedule orders or Blanket Purchase Agreements supported by a limited-source justification, or (2) Task or delivery orders awarded without providing fair opportunity Various exceptions Justifications COs shall make information available on awards greater than $4.5M in sufficient time for the agency to announce it by 5 p.m. EST on the day of award. J Schaus & Associates, WASHINGTON DC – [email protected]

31. 2024 Webinar Series - THE FAR Publicizing Multi-Agency Use Contracts Governmentwide database of contracts and other procurement instruments: https://www.contractdirectory.gov/contractdirectory/ Contracting officers must complete information in database within 10 days of award of Governmentwide acquisition contract ( GWAC ) Multi-agency contract Federal Supply Schedule (FSS) contract, or Any other procurement instrument intended for use by multiple agencies, including blanket purchase agreements (BPAs) under FSS contracts J Schaus & Associates, WASHINGTON DC – [email protected]

32. 2024 Webinar Series - THE FAR Release of Information A high level of business security must be maintained in order to preserve the integrity of the acquisition process. When it is necessary to obtain information from potential contractors and others outside the Government for use in preparing Government estimates, contracting officers shall ensure that the information is not publicized or discussed with potential contractors. COs may make available maximum information to public, except: On plans that would provide undue or discriminatory advantage to private or personal interests; Received in confidence from an offeror; Otherwise requiring protection under Freedom of Information Act or Privacy Act; or Pertaining to internal agency communications (e.g., technical reviews, contracting authority or other reasons, or recommendations referring thereto). To assist industry planning and to locate additional sources of supply, it may be desirable to publicize estimates of unclassified long-range acquisition requirements. J Schaus & Associates, WASHINGTON DC – [email protected]

33. 2024 Webinar Series - THE FAR Benefits of FAR Part 5 Increases competition and broadens industry participation Drives cost savings Improves quality of products and services Increases the likelihood of efficiencies and innovations Enhances solutions and the industrial base Promotes fairness and openness leading to public trust Prevents waste, fraud, and abuse J Schaus & Associates, WASHINGTON DC – [email protected]

34. 2024 Webinar Series - THE FAR Conclusion Maximizing competition and transparency Use publicization requirement to your advantage Notice of Contract Actions Notice of Contract Awards -> Subcontracting Opportunities At the same time, notice on GPE should not (typically) be first time contractor learns of opportunity J Schaus & Associates, WASHINGTON DC – [email protected]

35. 2024 Webinar Series THE FAR THANK YOU FOR ATTENDING! FAR PART #5: Publicizing Contract Actions SPEAKER: Connor Farrell FIRM: Miller & Chevalier Chartered EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

36. 2024 Webinar Series THE FAR Please subscribe to our YouTube Channel for Gov Con Content Uploads including THESE WEBINARS! https://www.youtube.com/@jenniferschaus/videos J Schaus & Associates, WASHINGTON DC – [email protected]

37. Networking Event – FEB 12 Register: https://wintersoiree2024.eventbrite.com

38. 2024 Webinar Series The FAR: Federal Acquisition Regulations THANK YOU FOR JOINING US! J Schaus & Associates, WASHINGTON DC – [email protected]