1. 2011 USBLIN Annual Conference
October 16-19, 2011
Louisville, KY

2. Understanding the Government’s Diversity Regulatory and Contracting Process Legislative and Regulatory Update
Major L. Clark, III
Assistant Chief Counsel for Procurement Policy
Office of Advocacy/SBA

3. WHAT is the OFFICE of ADVOCACY
Independent office within the U.S. Small Business Administration (SBA).
Enforcing the Regulatory Flexibility Act
Researching the importance of small businesses to the U.S. economy
Watchdog for small business

4. OFFICE of ADVOCACY Dr. Winslow Sargeant
Dr. Winslow Sargeant is the sixth Chief Counsel for Advocacy of the U.S. Small Business Administration’s Office of Advocacy, appointed by President Obama August 19, The Office of Advocacy is an independent voice for small business within the federal government with a mission of encouraging policies that support small business start-up, growth, and development. As chief counsel, Dr. Sargeant directs Advocacy’s operations, which include conducting research on the U.S. small business sector, advocating for small businesses within the federal government’s agencies and rulemaking processes, reaching out to regional and state small business advocates and policymakers, and fostering public awareness of small business contributions and concerns.

5. Small Business Diversity Procurement Programs
8(a) Program set-aside
HUB Zone Program set-aside
SDVOSB Program set-aside
WOSB and EDWOSB Program set-aside
Traditional Small Business set-aside
Full & Open competition tools
SDB evaluation factor-prime proposes SDB target
Subcontracting
Mentor-Protégé Program

6. Small Business Diversity Procurement Programs
Currently, there is no way to limit the competition to:
SDB
VOS
Therefore, marketing is critical!

9. How Do You Get A Share of the Federal Procurement Dollars
Two Types of Contracting Opportunities:
a. Prime contracting
b. Subcontracting

10. The Successful Small Business Company
1. Core competencies
2. Marketing and relationship building
3. Prime contracting
4. Subcontracting
5. Has resources
6. Past performance
7. Persistent

11. The Successful Small Business Company
8. Has some knowledge of government contracting procedures
9. Bid/ no bid analysis
a. Project budget
b. Project timeframe
c. Resources for proposal
d. Investment needed
e. Return on investment
f. Technical expertise
g. Management expertise
h. Differentiators from competitors
l. Information gathering vs. real project
j. Political considerations
k. Previous relationships

12. Hot RegulatoryProcurement Topics
3 % Tax Gap
Compliance Standards for Government Contractors
E-Verify (DHS)
Central Contract Registration (CCR)
False Claims Act
Contractor Ethics Rule
Contractor Accountability

13. Hot Procurement Topics Continued
Waste fraud and Abuse
Small Business Size Standards
Retro Review of Regulations
Independent Agency Regulatory Review
Office of Federal Contract Compliance Programs Affirmative Action Programs
Nondisplacement of Qualifed Workers
Insourcing

14. Getting Started – Basic Answers
Answer to Question #3 – How do I market to them?
Develop a Marketing Plan/ Strategy
Subcontracts
Prime Contracts
Teaming/ Joint Ventures
Mentor Protégé Agreements
Pre-existing Contract Vehicles

15. Basic Information
$ amounts & methods of procurement you should know about:
Up to $3,001 – Micro-purchase (credit card)
$3001-$150,000 – Simplified Acquisition
Procedures (SAP)
Over $150,000 – Formal Contracting Procedures
Over $650,000 – Subcontracting
$1.5 Million – Subcontracting for Construction

16. The “Model” Small Business Firm
Working in the federal marketplace understands:
Core competencies
Marketing and relationship building
Schedules/ Multiple award contracts
Open Market procurement (FEDBIZOPPS)
Prime contracting
Subcontracting

17. New Potential Contracting: Executive Order 13514 GreenGov Initiatives
October 5, 2009
Executive Order signed by President Obama
Federal Leadership in Environmental, Energy & Economic Performance
October 19, 2009
GreenGov Challenge
February 18, 2010
GreenGov Collaborative
September 9, 2010
Federal Agency Strategic Sustainability Performance Plans
November 16, 2010
GreenGov Supply Chain Partnership

18. SBA Programs For Green Initiatives
504 Loan Program
7(a) Loan Program
Energy Star

19. GSA Strategic Goals
Innovation – GSA will be a green roving ground that demonstrates the viability of a new green technology and practices.
Customer Intimacy – GSA will lead with its expertise to drive the market for high-performance green products, services, and solutions that support its customer agencies’ missions and meet or exceed their sustainability goals.
Operational Excellence – GSA strives for performance excellence, continuous improvement, and the elimination of waste in all of its operations.

20. GSA
Ninety-five percent of all federal contracts will have green requirements, such as products must contain non-0zone depleting and recycled content, and must be non-toxic or biobased.
Green Proving Ground Program

21. USDA
Farm Security And Rural Investment Act of 2002 ( ), May 13, 2002, section 9002 established a Federal procurement program for bio-based items.
USDA’s Bio-based Affirmative Procurement Program

22. GSA Schedules Three Buy Green Schedules
Schedule 899, Environmental Services
Schedule 03FAC, Facilities Maintenance and Management
Schedule 84, Total Solutions for Law Enforcement, Security, Fire, Rescue, Clothing, Marine Craft and Emergency/disaster response

23. GSA Services Comprehensive Professional Energy Services BPAs
GSA sustainable design and construction operations

24. Sustainability Historic Federal Buildings
May 2, 2011 Advisory Council on Historic Preservation Requirements of Executive Order

25. In Summary What Really Works…
Relationships
Networking
Multiple Contracting Vehicles
Continuous Marketing
Being Prepared
Get Involved
Past Performance
Share Information
Patience
Persistence

26. My Contact Information
Direct telephone number: