FED GOV CON - Managing & Mitigating Procurement Risk

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Jennifer Schaus & Associates SERVICES FOR US FEDERAL GOVERNMENT CONTRACTORS

WEBINAR WEDNESDAYS – 2018 WASHINGTON, DC OFFICE PHONE: 2 0 2 – 3 6 5 – 0 5 9 8


Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

www.JenniferSchaus.com

Join Us for Our 2018 Series of Complimentary Webinars on various US Federal Government Contracting Topics. Presenters are industry experts sharing knowledge about the competitive government contracting sector. Find all of our Govt Contracting webinars (free download) at www.JenniferSchaus.com

Contact Us @ 2 0 2 – 3 6 5 – 0 5 9 8


Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

www.JenniferSchaus.com

REMINDERS: All webinars are complimentary. All webinars are recorded. They are found on our website and on YouTube. Please send your questions to the speaker directly. Thank you for participating.


Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

www.JenniferSchaus.com

ABOUT JENNIFER SCHAUS & ASSOCIATES: - Based in downtown Washington, DC; -

A la carte services for Federal Contractors;

Proposal Writing to GSA Schedules, 8a Cert and Contract Administration, etc.; Educational webinars; -

Networking events and seminars;

WEBSITE: http://www.JenniferSchaus.com


Monday, OCT 22 – 2018 5.30pm -7.30pm Federal Contractors Fiscal New Year Soiree #govcon NETWORKING EVENT @ The John F Kennedy Center TICKETS REQUIRED, SPONSORSHIPS AVAIL: https://fiscalnew102218.eventbrite.com


Monday, OCT 22 – 2018 Federal Contractors Networking Event

Sponsors:

Federal Agencies:


Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

www.JenniferSchaus.com

ABOUT OUR SPEAKER: Margaret M. Cassidy, Esq. Cassidy Law PLLC -

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10+ Years In GOV CON

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Miami University, Oxford OH BS in Finance

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University of Pittsburgh School of Law, J.D. Licensed to practice in DC, OH, PA, NY (inactive


Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

Managing Procurement Risks Wednesday, October, 17, 2018

www.JenniferSchaus.com


Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

www.JenniferSchaus.com

What is Procurement Integrity & Why Should You Care? (41 U.S.C. §§ 2101-07, FAR 3.104) • Unlawful to disclose “procurement” information • Unlawful to obtain “procurement” information • Prohibitions around recruiting and hiring from the government (for another day)

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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

www.JenniferSchaus.com

Procurement Information Is: • • • • • • • • • • • •

Bid prices submitted in response to an agency invitation for bids, or lists of those bid prices before bid opening. Proposed costs or prices submitted in response to an agency solicitation, or lists of those proposed costs or prices. Source selection plans, Technical evaluation plans, Technical evaluations of proposals. Cost or price evaluations of proposals. Cost or pricing data or information Competitive range determinations that identify proposals that have a reasonable chance of being selected for award of a contract. Rankings of bids, proposals, or competitors. Reports and evaluations of source selection panels, boards, or advisory councils. Any other information marked as "Source Selection Information” because its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates. Indirect costs and direct labor rates Proprietary information marked by the contractor as ‘contractor bid or proposal information’ 48 CFR 2.101, 41 U.S.C. § 2101(2), 41 U.S.C. § 2101(7).

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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

www.JenniferSchaus.com

Government’s Concern – Is The Same Concern of Your Competitors… • You have an unfair competitive advantage in the procurement • Your competitors can complain and may result in: • Protest • Pulling the RFP • Investigations – IG, DOJ, etc of company and of individuals • Suspension, debarment, • Criminal and civil penalties

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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

www.JenniferSchaus.com

Other Types of Conflicts of Interest Contractor cannot provide supplies/services to the government that may result in a conflict: • Assist government with drafting RFP then bid on the RFP • Conduct quality review of work it performed on previous contract • Have access to government information that other contractors did not have and submit proposal based on this information Contractor often must certify: • It has no conflicts • OR, any conflicts have been disclosed and mitigated • Subcontractors have no conflicts or have been disclosed and mitigated

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Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2018 - WASHINGTON DC

www.JenniferSchaus.com

What Should You Do? Make sure your company knows • your contracts/subcontracts • the agency where performing • nature of your work Review your opportunities for conflicts of interest Have policies and procedures to • Identify procurement information • Identify, disclose and mitigate conflicts of interest • Then train on them Have an objective, knowledge person identify and manage conflicts of interest Have a plan to wall off persons and systems that receive procurement sensitive information Have a plan and methods to disclose to the government as needed Develop OCI mitigation plan templates to adapt and use


THANK YOU FOR ATTENDING!!

WWW.JENNIFERSCHAUS.COM

QUESTIONS? CONTACT OUR SPEAKER Margaret M. Cassidy at 202-266-9928 m.cassidy@cassidylawpllc.com

SERVICES FOR US FEDERAL CONTRACTORS

OFFICE: 2 0 2 – 3 6 5 – 0 5 9 8


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