Jennifer Schaus & Associates GOV CON WEBINAR SERIES - 2017
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Join Us for A 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 - 2017 - 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 and Contract Administration, etc.; Deep bench of industry experts; -
Educational webinars;
Networking events and seminars;
WEBSITE: http://www.JenniferSchaus.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT JENNIFER SCHAUS: -
Over 20 years in federal contracting; -
-
Began career with D&B; Industry speaker and author;
Board Member: GovLish; NCMA; and NMIA.
Volunteer Mentor &/or Instructor: VA PTAP; CBP / VBOC; Capitol Post; 1776; Eastern Foundry, WIT; WDCEP and the Towson University Incubator.
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
ABOUT OUR SPEAKER JON WILLIAMS
www.JenniferSchaus.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
ABOUT JON WILLIAMS Partner at PilieroMazza PLLC Over 15 years of experience advising contractors on a wide range of government contracting matters (202) 857 - 1000 jwilliams@pilieromazza.com
www.JenniferSchaus.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
ABOUT PILIEROMAZZA PLLC: PilieroMazza PLLC is a full-service law firm located in Washington, D.C. We are most well known as a government contracting firm and for more than 25 years we have helped our clients navigate the complexities of doing business with the federal government. We also provide a full range of legal services including advice on business, corporate, labor and employment, SBA procurement programs, and litigation matters. Our clients value the diverse array of legal guidance they receive from us and our responsiveness as we guide their growth and secure their success.
PHONE: (202) 857 - 1000 WEBSITE: www.pilieromazza.com
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
HUBZone, SDVOSB, and WOSB Sole Source Contracts Friday, October 6, 2017
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
About the HUBZone Program • Designed to benefit “Historically Underutilized Business Zones” • HUBZone designations are dependent upon a district’s income levels, unemployment rates, Difficult Development Area status (designated by HUD), base closure status, and Indian land status •
Indian reservations are eligible HUBZones
• Competitive and sole source set-aside contract opportunities • 10% price evaluation preference in full and open contract competitions, as well as subcontracting opportunities • Eligible for SBA’s new mentor-protégé program
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Eligibility Requirements for the HUBZone Program • Must be a small business • Must be owned and controlled at least 51% by U.S. citizens •
Firms wholly owned by one or more Tribe, ANC, or CDC are also eligible to participate in the HUBZone Program
• “Principal office” must be located in a HUBZone •
“Principal office” means the location where the greatest number of the concern’s employees at any one location perform their work (13 C.F.R. § 126.103)
• At least 35% of employees must live in a HUBZone •
“Employee” means all individuals employed on a full-time, part-time, or other basis, so long as that individual works a minimum of 40 hours per month
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
HUBZone Sole Source Contracts • FAR 19.1305 and 19.1306 • CO must first consider competitive HUBZone set-aside (i.e., the “Rule of Two”) before HUBZone sole source •
This means the CO cannot do a HUBZone sole source if she has a reasonable expectation of receiving two or more offers from HUBZone firms at a fair and reasonable price
•
But, you can be creative in helping the CO to build a case for why there is really only one HUBZone firm that can do the work
• HUBZone sole source dollar limits: •
$7M for manufacturing contracts
•
$4M for all other contracts
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
HUBZone Sole Source Contracts • Cannot do HUBZone sole source if the requirement has been accepted into the 8(a) program or is currently being performed by an 8(a) firm • HUBZone sole source contracts must be above the simplified acquisition threshold and at a fair and reasonable price • SBA may appeal a CO’s decision not to make a HUBZone sole source award
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
About the SDVOSB/VOSB Programs • There are two programs for service-disabled veteran-owned small businesses (SDVOSBs), one through the SBA and the other through the Department of Veterans Affairs (VA) •
VA also has a program for Veteran-Owned Small Businesses (VOSBs)
• Goals are to increase federal government’s contracting with military veterans and to assist veterans in the transition from active duty to civilian life • Competitive and sole source set-aside opportunities • Eligible for SBA’s new mentor-protégé program
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Eligibility Requirements for the SDVOSB/VOSB Programs • Rules are a little different between SBA and VA programs, but should be harmonized soon • Must be a small business • The SDV or veteran owner must: •
In the case of an SDV, have a service-connected disability as determined by the VA or DoD
•
Unconditionally own at least 51% of the company
•
Control the management and daily operations
•
Hold the highest officer position and have the necessary experience to run the business
•
Manage the company on a day-to-day basis and be the highest-compensated (VA only)
• VA must certify VOSB or SDVOSB status; SBA’s program uses self-certification
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
SDVOSB/VOSB Sole Source Contracts • FAR 19.1406 and VAAR 819.7007 and 819.7008 • For SBA SDVOSB: •
The CO cannot do SDVOSB sole source unless the CO first determines there are not at least two SDVOSBs who could do the work under the “Rule of Two”
•
Same opportunity to be creative in pitching to the CO
•
Dollar limits of $6.5M for manufacturing, $4M for any other contract
• For VA VOSB/SDVOSB: •
Should be easier to do, similar to 8(a)
•
VAAR does not require CO to first determine that there is only one SDVOSB or VOSB – but…
•
Contract cannot exceed $5M
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
About the WOSB/EDWOSB Program • SBA program for women-owned small businesses (WOSBs) and Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) • Competitive set-asides and sole source authority •
For the first several years, no sole source authority for WOSB/EDWOSB but this was added to the FAR on 12/31/15
• No more dollar caps for competitive set-aside contracts • But, still has NAICS code limitations • Eligible for SBA’s new mentor-protégé program
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
Eligibility Requirements for the WOSB/EDWOSB Programs • Must be at least 51% owned and controlled by one or more women (or economically disadvantaged women for EDWOSB), and primarily managed by one or more women who are U.S. citizens • Firm must be “small” in its primary industry in accordance with SBA’s size standards for that industry • Must be a firm that participates in an industry that is available for the WOSB or EDWOSB program • Economic disadvantage thresholds for EDWOSB eligibility are comparable to the economic thresholds for SBA’s 8(a) Program
Jennifer Schaus & Associates – GOV CON WEBINAR SERIES - 2017 - WASHINGTON DC
www.JenniferSchaus.com
WOSB/EDWOSB Sole Source Contracts • FAR 19.1506 • CO must first determine the “Rule of Two” is not satisfied • So, once again, need to market and be creative with your customer – where there is a will, there is a way • Only available in the NAICS codes open to the WOSB/EDWOSB program • Dollar limits of $6.5M for manufacturing, $4M for any other contract
Jennifer Schaus & Associates
GOV CON WEBINAR SERIES - 2017
QUESTIONS? CONTACT OUR SPEAKER JON WILLIAMS AT (202) 857 - 1000 AND AT JWILLIAMS@PILIEROMAZZA.COM
THANK YOU FOR ATTENDING!!
WWW.JENNIFERSCHAUS.COM