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Friday, February 7, 2025

Promoting Entrepreneurship To Create A Learning Organization



Involve the employees in the training process and encourage mentoring.

The organization mission is conveyed by continuous organization training. Internal experts can be very entrepreneurial in training approaches. Recognize and reward them for doing so and place them in lead positions in training programs. Organization training in business is a form of communication. It is not an academic pursuit, although elements of it may include learning new information. Still, it is not schooling in the sense of personal improvement as much as it is communication of company policy and expectations.


The most successful organizations pair experienced personnel on a staff basis with junior ones as models. Each has individual assignments and reports to the boss but the senior party is the example in the process/experience-driven aspects of the job and is available to answer questions. The younger individual infuses the older one with energy and new ideas much like osmosis. The result is a hybrid of old and new that works and has been put together by a team. The approach works extremely well, imposes on no one, results in the young and old learning by observation, satisfaction and recognition for collective efforts and reduction in the boss’s work load. A win-win all around.

Thursday, February 6, 2025

Is Small Business SETA Contracting for You?





The commercial, start up or growing entrepreneur may have specialized skills,products and services that could be marketable to the government but a window of opportunity or an entrance niche is sometimes difficult to locate in the very large and competitive federal contracting venue.

System Engineering and Technical Assistance (SETA) contracting may provide an avenue for the small business in gaining the momentum necessary for building a government contracting past performance record. It does not require an off-the-shelf product or capital intensive facilities. 

SETA contracting is often utilized by the government to enhance small business contracting participation by firms that hold set aside designations who can offer quality services in support of internal agency facilities or operations.

DEFINITIONS

FAR Sub-part 37.2 defines advisory and assistance services and provides that the use of such services is a legitimate way to improve the prospects for program or systems success:

FAR 16.505(c) provides that the ordering period of an advisory and assistance services task order contract, including all options or modifications, may not exceed five years unless a longer period is specifically authorized in a law that is applicable to such a contract:


DFARS Part 237.2 provides very important information applicable to advisory and assistance contracts:

The contracting officer and requiring activity must also be aware of FAR Subpart 9.5 when considering the potential for organizational and consultant conflicts of interest:


THE NATURE OF THE WORK 

Typical SETA efforts may involve long term contracts to perform acquisition assistance, project management, price or program analysis, independent estimates, administrative support, computer and data base operations, technical and security services, facilities maintenance functions or similar tasks. The typical SETA contractor rarely interacts with other government contractors and if interaction occurs it is only with other SETA contractors and subcontractors performing in similar roles at the same agency or in the presence of a government contracting officer/authorized representative. They are generally behind the scenes and cannot directly represent the US Government. 

SETA contracting requires skilled management and labor resources capable of performing a scope of work for which the government has identified a need and for which outsourcing to an industry contractor has been selected as the means to fulfill that need. The venue demands strong human resources management and an enhanced business system to price, account and bill on a job cost basis under government service contracts.

INCUMBENT WORK FORCES

SETA contractors often target incumbent work forces where an agency plans to offer a small business the opportunity to assume an existing services program formerly run by a larger firm or a small business that has grown beyond the size limit designated for the procurement.

In these instances the winner will have solid plans for recruiting and retaining the existing work force executing a transition plan and insuring that the government does not encounter an interruption in services.

Contingent hire agreements and sophisticated human resources processes are necessary to position the company during the proposal effort and as the contract proceeds. Contingent personnel are well aware of their market value among the SETA contractors competing for the work.

MARKETING APPROACH

As budgets become tighter, the government agencies will be looking for solid performance at the lowest possible price, stability in performance and contractors adept at learning government processes and systems as well as working with the agency to improve them.

Find opportunities well in advance of their being formally solicited on The System for Award Management (SAM) . Look for existing services and support contracts in their last year or self-market a services contract to an agency whose mission requires your expertise.

Propose and price to win using the following guidance:


UNDERSTAND ORGANIZATION CONFLICT OF INTEREST (OCI) RESTRICTION

If you are considering becoming a SETA contractor, determine what portion of the market in your industry will be unavailable to you in that role with the agency to whom you contract. As a SETA contractor you will not be allowed to compete for the programs being procured by the agency other than the SETA support contacts. You knowledge of the inside workings of the government agency would be a conflict of interest in bidding other projects.
You should target for SETA exploration only those agencies to which you do not intend to market other services.

SUMMARY

Consider SETA contracting if your marketing plan contains elements of support and assistance that an agency may be willing to outsource. If you hold small business designations, seek marketing opportunities to foster government set aside procurements for the designations you hold and understand that SETA contract will be the only programs you will hold with that agency due to OCI restrictions.
 
 


Tuesday, February 4, 2025

What to Expect from Government Pre-Award Surveys and Fact Finding


INTRODUCTION

When a government contracting specific market target has been identified and a proposal has been submitted, pre-award surveys and fact finding by the buying agency or the prime contractor often follow. These processes take two forms:

1. A survey visit to the small company facility

2. Inquiries with respect to supplementary details for enhancing the customer perspective on a proposal submittal.

Undertaking the above processes with a government agency differs from that of undergoing them with a prime contractor. You are not required to disclose proprietary data to a prime contractor. Please see the following articles for further information in this vital area:


Protecting Intellectual Property

This article will discuss each of the above processes and suggest measures to prepare for, conduct and succeed at pre-award surveys and fact finding.

PRE-AWARD SURVEY


A pre-award survey is a government or prime contractor visit to a supplier's facility. The Procurement Contracting Officer (PCO) or the Administrative Contracting Officer (ACO) and the Contracting Officer’s Technical Representative (COTR) as well as members of their respective staffs may attend.

In some instances the local Defense Contract Management Area Office (DCMAO) is involved. As you become a regular supplier to an agency, site survey visits will normally cease or occur only rarely.


For further explanation of the above government officials and their roles, please see the following article:


Government Contracting Customer Relations

The site survey team is interested in establishing the physical presence of a new supplier, the technical capability and the human resources to perform the prospective work and the quality of the environment in which the effort will be performed. A "Pre-award Survey of Prospective Contractor" Forms are completed and become part of the contract file:

Pre-award Survey Forms


Pre-Award Survey of Prospective Contractor SF-1403 8/1997

Pre-Award Survey of Prospective Contractor (Accounting System) SF-1408 8/1997
Pre-Award Survey of Prospective Contractor (Financial Capability) SF-1407 8/1997
Pre-Award Survey of Prospective Contractor (Production) SF-1405 8/1997
Pre-Award Survey of Prospective Contractor (Quality Assurance) SF-1406 8/1997
Pre-Award Survey of Prospective Contractor (Technical) SF-1404 8/1997

Select the person who will lead the meeting with the government survey team. This person should be empowered to speak for the company and should be completely familiar with details of the solicitation and your company's offer.

If relevant, make available one or more technicians to answer questions. Identify any disparities that may exist between the solicitation and your company's offer that should be resolved during the initial meeting with the survey team. Think about how you can demonstrate actual technical capability or the development of technical capability on the proposed contract. Make sure your facilities and equipment are available and operable. If they are not, be prepared to demonstrate that they can be developed or acquired in time to meet proposed contract requirements.


Make sure that your labor resources have the proper skills or that personnel with the needed skills can be hired expeditiously. Gather and make available to the survey team documentation, such as previous government contracts or subcontracts or commercial orders, to demonstrate a past satisfactory performance record with regard to delivery, quality and finances. Gather financial documentation for the team financial analyst, including the company's current profit and loss summary, balance sheet, cash flow chart and other pertinent financial information. Make sure the plans are in place for vendor supplies and materials or subcontracts to assure that the final delivery schedule can be met. Make sure that these plans are verifiable.


Review any technical data and publications that may be required under the proposed contract and make sure you understand them. If the contract is a type other than a firm-fixed price or if you have requested progress payments, prepare adequate accounting documentation for review. Review your quality control program and make sure that it is workable and consistent with the quality requirements stated in the contract.

PROPOSAL FACT FINDING

Fact-finding usually involves the government requesting additional information to supplement that which was submitted by you in your proposal. These areas of interest are early indications of where the negotiator is looking for weaknesses in your cost justifications or disconnects between your technical approach and the cost you are estimating to do the job. If you have subcontractors or major material suppliers, the government may ask for copies of your vendor proposal evaluations. The government may wish to examine cost history for the last time you performed similar efforts.

Keep in mind that most government agencies put together an independent cost estimate of what they feel the item or service should cost. These are commonly called "Should Cost Estimates". The additional requests for information during fact finding are feeding the should cost estimate. The Procurement Contracting Officer (PCO ) typically has an end user for the product or service internal to his organization who will become the Contracting Officer's Technical Representative (COTR) when the contract is awarded.


The COTR has a strong influence on the negotiations and will usually be present when negotiations commence. On many occasions, the COTR is the real internal customer at the agency. He has fiscal, technical and schedule responsibilities to his management for the program you are servicing. He simply cannot sign for the government.


The PCO has the agency warrant to commit the government and knows the most about public law and the Federal Acquisition Regulation (FAR) as it is applied to contracts the agency undertakes. It is the COTR who is likely feeding the PCO requests for fact-finding data. Keep in mind that the COTR and the PCO are formulating their assessment of the cost and the risk associated with the program during the fact-finding process. Cost is the first item of negotiation and risk has a direct influence on the government's position on profit.


The contacting officer may order a Defense Contract Audit Agency (DCAA) audit. The Request for Proposal (RFP) to which you responded may in fact have ordered a copy of your proposal be submitted to the DCAA Office nearest your location. If you are a new supplier to the government, DCAA may ask for a copy of your long-range plan containing your direct and indirect rate structure. They will verify the rates utilized in your proposal against your LRP, evaluate escalation factors utilized for long term projects and check the math. For guidance on these matters, please see the following article:


DCAA Audits And Small Business Job Cost Accounting Systems

The auditor will ask for copies of major material and travel quotations and insure that government per diem rates are utilized for lodging and meals in the cost proposal. DCAA may also visit your facility to check compliance with Cost Accounting Standards insuring that the company sets up each new government contract on job cost accounting in the identical manner in which it was proposed; in effect identifying direct labor, direct material and other direct costs to each contract monthly and allocating overhead and G&A utilizing the same numerator and denominator relationships upon which the contract was originally estimated.

DCAA is paid by the PCO to perform the audit. The audit does not extend to negotiations and at the audit conclusion the auditor files a report with the PCO. The report will contain information on any errors uncovered and findings on the adequacy of the accounting and long range planning systems. DCAA will not express an opinion on the cost content of the proposal in terms of a value judgment regarding prices for prospective supplies and services. If the auditor does not offer an exit interview, ask for one. Better yet, ask for a copy of the audit report to the PCO. Many DCAA offices will provide a copy to audited contractors. DCAA does not have the authority to direct a proposal revision based on audit findings. An astute contractor will immediately correct any errors found by the auditor in the proposal and examine other audit findings in preparation for negotiations.


SUMMARY

With adequate preparation and understanding of what the processes involve, the small enterprise can succeed in passing government agency or prime contractor site surveys and fact finding.

Remember that these encounters are extensions of your image as presented in your proposal. They are building block in nature and serve to establish, reinforce or change a customer’s view of your company and your proposal.






Sunday, February 2, 2025

The Difference Between A Free Lancer And A Small Business Federal Government Contractor



 INTRODUCTION

Talented free lancers often wish to grow independently as individuals in the government contracting market and face difficulties in doing so. Many have service and product development skills of value to federal agencies, but few succeed without forming a company and beginning to view their objectives as an enterprise instead of a single person entity. 

This article will examine the principal differences between free lancing and small business contracting from the perspective of the market realities that drive success in the venue.

DEFINITIONS:

We have previously discussed the organization entities that are involved in federal government contracting:


Free Lancer:

A particular type of individual – the “Free Lancer”, finds his or her way to the federal market via established companies and performs single person services while not on a company payroll as an employee, having no taxes, benefits or deductions taken from their pay and not covered by any form of insurance.

The company issues a purchase order to the individual at an hourly rate and submits a Form 1099 to the US government reporting what is paid for services. The free-lance contractor must self-insure during the contract period and pay taxes on the money earned at the end of the tax year. Little, if any intellectual property protection exists for the individual and the larger firm may require non-disclosure, exclusivity and noncompete agreements that may limit the future efforts of the free-lancer.

Contractor

The term “Contractor” in government parlance refers to businesses, not individuals. To become a contractor to a government agency, you must therefore form you own business. Government agencies rarely engage individual contractors or free-lancers.  If they want individuals to perform services they put them on the agency payroll. If they want to acquire specialized outside services they contract with companies. 

Subcontractor

A subcontractor is a company that takes on a flow-down of liability from a prime contractor to complete a major portion of a large scale job for the prime contractor's customer. The subcontractor is obligated to the prime contractually in an identical fashion as the prime is obligated to the government agency. The prime contractor issues a subcontract with a statement of work and flow down terms and conditions from the prime contract to the subcontractor. In many instances the government requires review and approval of major subcontractor selections and holds the prime contractor accountable contractually at the prime contract level for the subcontractor(s) efforts.  Free-lancers and contractors, as described above, rarely become subcontractors.

The Necessity to Grow From a Free Lancer to a Contractor and/or a Subcontractor

Although talented professions may believe there is growth in the market for high performing individuals, the government contracting industry has very little room for them except in specialty roles and then usually only temporarily.  Prime contractors also view Free Lancers as interim performers of a short term variety and usually offer them the option of joining the company or moving on.  The government tends to view them as “Roosting” and not long term in reliability.

No past performance record is kept on individual Free Lancers by the government or prime contractors under FAR.  Such records pertain only to incorporated entities.  Companies bringing free lancers on board cannot claim their historical work as credible under government past performance guidelines until the individual has contributed to the company success as an employee, losing his free -lancer status in the process except for resume and organization chart purposes on future projects. 

With federal agencies there is a strong movement to issue umbrella, multiple year, long- term contracts, many to multiple sources for qualification and then order services as required with bundled capabilities in teams of companies.  Free Lancers do not qualify for such efforts without a company identity.

On cannot acquire a GSA schedule as a Free Lancer.  Once must form a company and apply as a business entity to achieve that form of marketing vehicle. 

Further, the government hesitates to become involved in contracting with individuals unless they are heavily insured and such insurance costs heavily for individuals and in many cases cannot be achieved at all.  

Therefore, to progress economically and independently the Freelancer must incorporate, form an enterprise and begin to thinking in terms of a company entity in lieu of a single person image for the future.  This can be achieved by adding personnel via incumbent work forces, using contingent hire agreements or engaging in product development with industry partners and government financing.  The following articles at this site provide details:





SUMMARY

For stability, growth, cash flow, industry reputation and partnering, past performance consideration and economics, consider the transition from a single individual free-lancer to a company.  Brand your company and not yourself and think bigger than you are in terms of involving others in your operations to best position your supplies and services in the federal contracting market. 


Friday, January 31, 2025

Meeting Government-Owned Property Management Contract Requirements


For small businesses involved in development and manufacturing efforts under government contracts, or those who are pursing research and development involving large scale systems, the government property topic often arises.

In general, government contractors are required to provide all that is necessary to fulfill the scope of work on a government contract. However, under time and materials and cost plus contracts where the acquiring agency has made substantial investment in manufacturing aids, special test equipment or apparatus, title to such items will fall to the government.

Title falls to the contractor on firm, fixed price contracts where the cost is base lined at contract award and is assumed to include all that is required to produce the end item when it was bid.

Government property must be stored separately from contractor property when not in use, identified in the facility inventory system as government owned and have government property tags.

Rent – Free Use of government property accountable under one contract must be requested on a non-interference basis from the owning contracting officer before use on another contact and the using contract must reference the approval.

The government may elect to charge rent for use of government property under commercial or foreign contracts. The process for calculating and paying rent is specified in FAR 52.245-9.

The principal FAR Clauses for government Property are 52.245-1 and 52.245-2. If you are undertaking a contract involving government property please read these FAR Clauses. Within these clauses are requirements for inventory, disposal and disposition of government property.

FAR - Government Property Clauses

Government property may be furnished by the acquiring agency with a contract award and may be placed in the care of the contractor. In those cases accountability for the items, together with associated maintenance may be assigned to the contract and reassignment of the property must occur before the contract can be closed out at completion.

Monday, January 27, 2025

A Thank You and 4 Gifts from Ken Larson at "Smalltofeds"

        (Please click above image to enlarge)

Approaching two decades in volunteer small business consulting, I appreciate the many individuals who have contacted me for advice. You have come from several venues – through the Micro Mentor and SCORE Foundations, LinkedIn and other social media sites.  It has been a pleasure serving small business. 

My work with you has kept me active in retirement, in touch with my profession and engaged in a continuous learning mode.

Please feel free to download any of the 4 free books pictured here, as well as other useful information at the BOX in the right margin of https://www.smalltofeds.com . You may also download the books free of charge from: https://smalltofeds.academia.edu/KenLarson

Although originally written some time ago, the small business contracting books contain live links in the Adobe text to updates for any given topic at the “Small To Feds” Blog. The books have been written at the request of my clients to cover topics in the order small business generally encounters them in government contracting.

My best wishes for success to you in your small business enterprises.





















 Ken Larson