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

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

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

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, 2010. 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.

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

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

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

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

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

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

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

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

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

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

New Potential Contracting: Executive Order 13514 GreenGov Initiatives October 5, 2009 Executive Order 13514 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

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

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.

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

USDA Farm Security And Rural Investment Act of 2002 (107-171), May 13, 2002, section 9002 established a Federal procurement program for bio-based items. USDA’s Bio-based Affirmative Procurement Program

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

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

Sustainability Historic Federal Buildings May 2, 2011 Advisory Council on Historic Preservation Requirements of Executive Order 13514.

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

My Contact Information Major.clark@sba.gov Direct telephone number: 202-205-7150