page Federal Contracting AbilityOne November 8, 2012 Midwest SBLO Meeting

page1 Introduction Presented by Ray Suennen Governmental Contracts Compliance Coordinator Integrys Energy Services, Inc

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) AbilityOne - A new requirement in Defense Logistics Agency solicitations issued in Applies to All unrestricted solicitations Required for all business sizes Is a non-price evaluation factor whereas a subcontracting plan is a regulatory requirement 2

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) AbilityOne - Promotes the use of qualified nonprofit agencies for the blind or other severely disabled will have equal opportunity to compete for subcontracts under any resulting contract 3

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Clauses Defense Logistics Agency Directive (DLAD) (Feb 2012) AbilityOne Entity Proposal (Feb 2012) AbilityOne Entity Support Evaluation (Feb 2012) AbilityOne Entity - Contractor Reporting 4

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Requirements -Create an AbilityOne Entity Proposal - Submit with solicitation Response - Proposal is a part of the resulting contract -Implement the AbilityOne Entity Proposal - Submit periodic progress reports - Compliance monitoring 5

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Requirements -Provide the name and title of the individual principally responsible for ensuring company support to such entities (generally, this is the individual responsible for subcontracting with small and women- owned small businesses) Is this the SBLO’s responsibility in your company? 6

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Proposal - Describe your current & proposed range of services, supplies, & any other support that will be provided to you by AbilityOne concerns - Include specific names of subcontractors, to the extent they are known 7

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Proposal - Describe any future plans your company has for developing additional subcontracting possibilities for AbilityOne entities, or ways in which these entities could be partnered with other businesses and agencies in opportunities to diversify revenue production, during the contract period 8

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Proposal - Specify what proportion of you proposal, as a percent of dollars, will be subcontracted to AbilityOne entities (Sounds a lot like the small business subcontracting plan) 9

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Proposal - An Offeror is required to identify in their proposal if they are unable to utilize AbilityOne entities - Specify what type of performance data you will accumulate and provide to the Contracting Officer 10

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Proposal Can be created using the small business subcontracting plan as a model Percent Goals Description of supplies & services Vendor names Narrative Future plans/Outreach program Performance documentation Name of responsible party 11

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Evaluation - The relative importance of this factor is at the discretion of the contracting officer, but this factor may not be combined with any other factor - Will be evaluated in accordance with the evaluation scheme in the solicitation - Will be evaluated on an “acceptable” or “unacceptable” basis 12

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Evaluation - Will receive a rating of “acceptable” when proposes or demonstrates a higher percentage, complexity level, and variety of subcontractors beyond those items for which AbilityOne entities are the mandatory source 13

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Evaluation - A Proposal that proposes or demonstrates a higher percentage, complexity level, and variety of subcontractors beyond those items for which AbilityOne entities are the mandatory source generally will receive a higher rating on this factor during the source selection process 14

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Evaluation - If an Offeror is unable to identify that it is unable to utilize AbilityOne entities in a substantial manner, to a higher degree, complexity level, or variety of participation, and the Contracting Officer concurs that the Contractor’s inability to provide AbilityOne opportunities is reasonable, the Offeror may still receive a rating of “acceptable” 15

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Evaluation Verbiage used - Ratings will be either “acceptable” of “unacceptable” but can receive a higher rating during the source selection process??? 16

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Evaluation - verbiage - Mandatory source - not defined in the solicitation or in the DLAD clauses There is a statutory obligations for Government agencies to satisfy their requirements for supplies and services, and it also applies when contractors purchase the supplies or services for Government use FAR 8.002(c) 17

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Evaluation – Verbiage - Complexity level, asked the DoD on 9/10/12 to describe and provide an example DoD’s response: “We are unable to provide you with a description and example. Each plan will be evaluated in its entirety to determine an offeror’s rating.” 18

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Reporting - Submit periodic progress reports (no less frequent than annually) to the Contracting Officer regarding your subcontracting efforts relative to AbilityOne entities 19

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Reporting On 10/19/12. asked DoD - What information will be required to be reported? - What process will be used for the reporting? - When will the reporting system be determined and available? 20

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Reporting Response from DoD on 10/22/12 “No firm policy guidelines have been issued determining the manner in which an offeror is required to submit periodic progress reports; therefore, successful offerors will be notified by the Contracting Officer on the manner in which these reports should be submitted.” 21

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Reporting Specifics appear to be - not yet determined - at the discretion of each Contracting Officer (at least as of now) - provided after you are awarded a contract (at least as of now) - a statutory percent for the Government that may possibly be used for contracts 22

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Importance - The use of qualified nonprofit agencies for the blind or other severely disabled provide opportunities to less fortunate individuals to assist them financially, to be contributors to society, and to increase their self-esteem. It also, in many cases, provides lower cost products and services to the Contractor and the Federal Government 23

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Importance Note – “severely disabled” includes service-disabled veterans - Assists the Government’s best practice to fulfill the Government wide mission of diversity and inclusion 24

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Importance - The plan will be monitored by the cognizant Defense Contract Management Agency How well the Contractor has adhered to the plan and the plan’s performance? - Will be one factor used in the placement of orders against multiple- award contracts exercise of contract extension options 25

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Importance - Performance on prior contracts will be used as an element of past performance evaluation in subsequent source selections decisions 26

page ABILITYONE- Javits-Wagner-O’Day Act (JWOD) Summary - Requires an Offeror to submit an Ability One Entity Proposal as part of their Technical Response - Evaluated as part of an Offeror’s Proposal - Submit Reports - Monitored for adherence to Proposal (plan) 27

page28 What are your questions and comments? Summary