My First AbilityOne Contract‌ Now what? What you need to know!
Agenda • Introductions • Training • Business Development • Regulatory • Contract Management • Wrap up
NISH Training Resources Tips on how to get off to the right start and build capability and capacity
Ana Rodriguez Director of Training, NISH arodriguez@nish.org
Training Agenda • NISH training: building capability and capacity • NISH training resources • Additional resources
Objectives When you have completed this session, you will be able to: – Describe how NISH training helps CRPs build capability and capacity to grow and prepare for AbilityOne contracts – Access NISH training resources – Access additional resources
NISH Training: Building Capability and Capacity • NISH training resources help your CRP develop the capability and capacity to grow and prepare for AbilityOne contracts
NISH Training: Building Capability and Capacity NISH Training Academy provides access to over 142 courses, which include: – In-depth classroom training on targeted lines of business – Introductory webinars on the fundamentals of targeted lines of business – A road map in the training catalog that lists classroom courses for newcomers (pg.57-74)
NISH Training: Building Capability and Capacity NISH Training Academy has additional resources; which include: – Online training – Webinars – Training brochures – NISH training catalog – NISH training website – Certification Courses (producing agencies) – Lending Library (producing agencies)
NISH Training Resources To access NISH training resources: 1. Create an account in NISH Academy www.nishacademy.org
Click the Create My Account button
NISH Training Resources 2. Select desired classroom and online training courses Review the list of recommended courses for AbilityOne Newcomers in the NISH Academy 2011 Training Catalog
NISH Training Resources The following classroom courses are recommended for AbilityOne Newcomers: – AbilityOne Academy – AbilityOne Business Development Seminar –Tools for Growing Your Business – Federal Acquisition Regulation (FAR) Based Quality Management – Federal Compliance Symposium – Federal Contract Pricing: Overview of Contract Pricing – Managing Your AbilityOne Contract – Overview of Government Contracting for CRPs
NISH Training Resources The following classroom courses are recommended for New AbilityOne Producers: • Foundations of Quality • Federal Compliance • Recruitment and Retention Strategies • Managing Your AbilityOne Contract
NISH Training Resources 3. Build a learning plan for long-term staff development Learning plans help track your progress. You may also want to build a custom learning plan for your CRP that includes recommended training courses
NISH Training Resources Select classroom courses‌
NISH Training Resources …or online courses
NISH Training Resources …or a combination of both The NISH Training Department can work with you to design a custom learning plan for your CRP
Additional Training Resources NISH Academy has additional training resources that enhance your ability to increase capability and capacity NISH Academy Webinars. These webinars offer unique opportunities to learn without leaving your office • Here is a sample from the 55+ webinars scheduled for 2011 that support the AbilityOne Newcomer: – CRP 101 – Introduction to NISH and AbilityOne – Working with the Federal Supply Schedule – Quality Work Environment: An Introduction
Additional Training Resources NISH Academy Lending Library, which contains: – Video-based training materials – Training materials to support classroom-based activities – Salary surveys covering the non-profit sector
Additional Training Resources • • • • • •
Online training Webinars Certification Courses Training brochures NISH training catalog NISH training website
NISH Training Website To access the NISH training website: 1. Visit www.nish.org 2. Log in using your existing NISH Extranet user name and password 3. Click the Training tab
Questions To begin utilizing the NISH training resources, please access the NISH Academy – For questions about developing learning plans, please contact Ron Hoogerwerf rhoogerwerf@nish.org 571-2264603 – For questions about other NISH training resources, please call 571-226-4660
Summary Below is a summary of the key concepts of this lesson: – NISH training: Building capability and capacity – NISH training resources – Additional resources
Learning Objectives Now that we have concluded this session, you should be able to: – Describe how NISH training helps CRPs build capability and capacity to grow and prepare for AbilityOne contracts – Access NISH training resources – Access additional resources
Conclusion
NISH Academy Your training partner, resource, and learning solution
Thank you!
Business Development Understanding the Federal Procurement Cycle
Becky Wright-Brizee Business Development Director NISH East Region rwrightbrizee@nish.org
Business Development at NISH
Growth Opportunities - AbilityOne • Strategic Sourcing • Capture Existing Opportunities • Create New Opportunities Federal Opportunities – Three Ps Policy – decision makers, Commanders Procurement – contracting, acquisition Program – technical, mission
How Does BD Find Opportunities?? • Pulsing Existing Customers • Networking • FedBizops/Epipleine – data mining
• NPA Referrals • Reading the tea leaves – govexec.com, Federal –
Times, Business Journals, NCMA, etc.
• Thinking outside the box
General - Federal Environment • • • • • • •
Current Administration – domestic agenda Veterans Contracting Afghanistan, global involvement Budgets - haves/have nots Outsourcing or Insourcing?? Compliance, Accountability, Transparency Greening, Environmental Focus
Acquisition Environment • • • • • • •
Consolidations – less contracts to administer Total Solutions Contracting Workforce A-76, ANCs, Hubzone Acquisition Shops (government to government) Poor Procurements Protests, Complicated Competitions
Make Sure Your House is in Order • • • • • • •
Current NISH Registration Compliance issues, i.e., ratios AbilityOne fees are Paid Corrective Action Plans Board of Directors approval Financial Depth Infrastructure – support, operations
Opportunities that have been found: www.nish.org • • • • • •
For Nonprofits AbilityOne Opportunities Nationwide Project Offerings Regional Project Offerings Products Projects Distributed Projects
The Opportunity – Will it go to the PL?? • First Step – Suitability • JWOD Regulation and Interpretation
• Second Step – Feasibility • Market Fit, Customer Solutions • CRP Capability and Capacity
• Third Step – Committee puts on PL
Suitability Criteria for Additions (41 CFR 51-2)
• Employment Potential for People with Disabilities • Nonprofit Agency Qualification • Capability of NPA to meet Customer Quality and Delivery Standards • Impact on Current or Most Recent Contractor
Capability to Deliver
• Past performance/references • CRP that can do the work • Certifications/licenses • Quality systems • Customer relations • Best value • Vendor of Choice
Addition Timeline Mandatory Status – Procurement List Procurement List – Authority for AbilityOne Set-Aside Administrative Timeline:
30 Days – Impact Determination 30 Days- Publish Set-Aside 30 Days- Committee Reviews and Votes 30 Days- Publish Set-Aside _______ (Time From Add Package sent to Committee) 120 Days
How does my NPA “get on board???”
Request for Interest • • • • • •
Potential project opportunities No commitment at this time from the Government Will post all available information May include site visit If interested, please respond to NISH POC Future project may be limited to those who responded to Request for Interest • Look for these on the AbilityOne Opportunities page of www.nish.org
Sources Sought: B1 Transparency • • • • • •
Project opportunity Commitment from the Government Will post all available information - SOW or SOW website May include site visit Read carefully and provide appropriate response in a timely manner Look for these on the AbilityOne Opportunities page of www.nish.org
Response
Go/No Go Criteria •
Current registration
•
Compliance issues (NISH Regulatory and/or Committee for Purchase), i.e., ratios
•
AbilityOne fees
•
Corrective Action Plans
Response • • • • • • •
Read the RFI and Sources Sought Ask questions Read the SOW (unique requirements) Prepare your response specific to the requirements Tell your story (organization and experience) Present the plan (people, training, quality, execution) Meet the response deadlines
Project Distribution • The evaluation team – an example: – BD Project Manager – Functional/Technical Expert – Customer Service Team Representative
• The evaluation process: – Considerations (according to B-1) • • • • •
Who brought the opportunity to the table Geography Experience, Capability Scope and risk What does the government customer want?
Distribution – continued • The selection of the Nonprofit agency is made by the appropriate Executive Director • All Nonprofit agencies are notified of the results • Appeals process
The ultimate purpose of the project distribution process is to create the best team to meet the government customer’s requirements and the mission of the AbilityOne Program and NISH.
Roles and Responsibilities
NISH Role • Do Business Development – Find Opportunities
• Get the customer to “yes” • Distribute Projects • Determine capability – price, specs, ratios • Validate the Fair Market Price • Prepare and submit Committee forms • Assist in Readiness Reviews, phase-in, and start-up activities
Federal Customer Role • Agrees to place item/project on the Federal Mandatory Procurement List • Provides contract, specs, SOW • Performs facility inspection • Concurs on price • Post Award – preparation for contract start
Committee/Staff’s Role • Determines impact • Reviews Committee forms • Determines the Fair Market Price • Prepares package for Committee vote • Publishes intent in the Federal Register • Completes administrative and rule making process
NPA Role • Works closely with NISH to identify suitable and feasible projects • Produces quality results on current contracts • Implements best practices • Obtains certifications, quality qualifications, etc. • Continues to improve capabilities and efficiencies • Stays in ratio and adhere to program regulations
Everyone’s Role
CREATE EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES
AbilityOne Program Compliance Requirements Kathi DuTilly Senior Regulatory Specialist kdutilly@nish.org
Becoming an AbilityOne Producer Before becoming an AbilityOne Producer, each NPA must be verified by submitting documents for approval: – Articles of Incorporation – Current by-laws with certified date and signature – Completed Committee Form 402 – Transmittal letter
Verification These documents are reviewed by NISH and sent to the Committee for approval. The Committee sends a verification letter to the agency and to NISH Regulatory Assistance advising of the newly-verified NPA.
Name Change In the event of a name change, the agency must submit documents showing the state’s approval of the new name and copies of state approved amended Articles of Incorporation with the new name.
Compliance with AbilityOne Employers of individuals with disabilities performing one or more federal contracts set aside under the AbilityOne Program must: • Comply with all requirements of the AbilityOne Program • Comply with all federal regulations pertaining to employers of individuals with disabilities performing one or more Federal contracts
An AbilityOne Producer Will be required to: • Maintain an Agency direct labor ratio of 75% • Maintain an AbilityOne minimum direct labor ratio of 60%
An AbilityOne Producer Will be required to: • Maintain disability eligibility documentation for each individual classified as significantly disabled • Maintain an ongoing evaluation program to determine readiness for normal competitive employment • Maintain an ongoing placement program
Special Minimum Wage Certificate Holders Will be required to: • Conduct prevailing wage surveys • Establish standards • Determine productivity • Document disabled for the work to be performed
An Employer Will be required to: • Provide leave in accordance with the Family and Medical Leave Act (FMLA) • Employ 50 or more employees in a 75 mile radius during each of 20 or more calendar workweeks in a current or preceding calendar year
An Employer Will be required to:
• Abide by the Occupational Safety and Health Act (OSHA)
An Employer Will be required to: • Maintain completed Employment Eligibility Verification Forms (I-9) for each employee
A Federal Contractor (performing 1 or more federal contracts) May be required to: • Submit an Employer Information Report (EEO-1), if: – Your NPA has 1 federal contract valued at $50,000 or more AND – Your NPA has 50 or more employees (entire agency, not just on the contract)
A Federal Contractor (performing 1 or more federal contracts) May be required to: • Submit a Veterans Form 100 (Vets-100), if – Your NPA has 1 federal contract valued at $100,000 or more
A Federal Contractor (performing 1 or more federal contracts) May be required to: • Implement a Drug-free Workplace Policy, if – Your NPA has 1 federal contract valued at $100,000 or more
A Federal Contractor (performing 1 or more federal contracts) May be required to:
• Develop an Affirmative Action Plan, if – Your NPA has 1 federal contract valued at $50,000 or more AND
– Your NPA has 50 or more employees (entire agency, not just on the contract)
A Federal Contractor (performing 1 or more federal contracts) Will be required to:
• Enroll in the E-Verify Program
A Federal Contractor (performing 1 or more federal contracts) May be required to: • Establish a written Contractor Code of Business Ethics and Conduct, if – Your NPA has 1 federal contract valued at $5,000,000 or more; including base year contract and follow-on years added together
An Employer (performing 1 or more federal
service
contracts)
Will be required to: • Compensate employees in accordance with the Service Contract Act – Pay wages based on Wage Determination (WD) – Pay health and welfare benefits stipulated on WD – Provide vacation benefits stated on WD – Provide holiday benefits stated on WD
An AbilityOne Producer Will be required to: • Track and report direct labor hours to NISH – Direct Labor is all work required for the preparation, processing, and packaging of a commodity, or work directly related to the performance of a service
An AbilityOne Producer Will be required to: • Meet AbilityOne reporting requirements: – The Quarterly Employment Report (QER) and – The Annual Certification Committee Form 404
An AbilityOne Producer Will be required to: • Track all new AbilityOne projects through the Project Tracking System – For a minimum of three months for projects starting at the target ratio – And as long as eighteen months for projects beginning below 60% direct labor ratio
Regulatory Reviews
NISH Regulatory Reviews are for training and assistance on compliance issues. A copy of the completed trip report is forwarded to the Committee for their review.
Regulatory Reviews An AbilityOne producing agency can expect to have a NISH Regulatory Review every 2 ½ - 3 years. Top 25 producers will be reviewed every year.
Regulatory Reviews Committee visits are less frequent and they will determine if an agency is in or out of compliance with the AbilityOne regulations.
Regulatory Reviews
For Questions Specific to QER: Diana Creech Sr. Regulatory Data Administrator (571) 226-4539 dcreech@nish.org
For Questions specific to Project Tracking, Verification or Name Changes: Debbie Hughes Regulatory Administrator (571) 226-4540 dhughes@nish.org
Regulatory Staff For general questions on AbilityOne or other Federal regulations Patty Pappas Mgr. Regulatory Assist. (571) 226-4541 ppappas@nish.org
Tamara Balenger Sr. Regulatory Specialist (571) 226-4542 tbalenger@nish.org
Anna Bowser Sr. Regulatory Specialist (571) 226-4544 abowser@nish.org
Kathi DuTilly Sr. Regulatory Specialist (703) 584-3986 kdutilly@nish.org
Vickie Fuller Sr. Regulatory Specialist (571) 226-4545 vfuller@nish.org
William Payne Sr. Regulatory Specialist (571) 226-4536 wpayne@nish.org
De Etta Stein Sr. Regulatory Specialist (571) 226-4538 dstein@nish.org
Contract Management Maintaining Your Contract
Fil Tellez Senior Contracts Manager NISH National Operations ftellez@nish.org
Fil Top 10 Tips in Contract Management • Number 1 is…
“It’s always about the relationship!”
Fil’s Top 10 in Contract Management 1) It’s Always About the Relationship! 2) READ Your Solicitation/Contract! 3) Never Assume! 4) Communicate with the Right Authority! 5) Document, Document, Document!
Fil’s Top 10 in Contract Management 6) Bargain in Good Faith, Be Reasonable and Be Aware! 7) Require FAIR, EQUITABLE and IMPARTIAL Treatment 8) Focus on Issues not Emotions 9) Know When to Talk and When to Listen 10) Be Responsive and Responsible!
• Begin with the end in mind! – Know what your supposed to accomplish – Know at what price and budget you’ve agreed to perform – Track your performance to budget • To maintain boundaries for your supervision • To know what your expending and why • To identify where you may be spending more or less labor • To discover if you are making or loosing money • To correct inappropriate expenditures • To complete your contract on time within budget and without unauthorized changes
We fail to succeed because: • Don’t read our contracts – We are unfamiliar with Federal Procurement rules, regulations, processes and procedures – Lack knowledge of our rights and government responsibilities – We resort to emotions not facts – We make excuses – Argue irrelevant issues
We fail to succeed because: • Don’t track performance and price – Can’t respond effectively to negative performance findings – Don’t really know how we’re doing or whether we’re right – Don’t know if we’re making or loosing money – Get frustrated – Blame the government
Assumptions • You thoroughly read your solicitation • You conducted a site visit • You can produce at the price you proposed and agreed to • You’ve purchased all the necessary supplies, materials and equipment • You have the labor necessary to accomplish all tasks • You have the staff available to support contract administration
Questions? • Do I have the people ready to do the work? • Are my people trained to do the work? • Do I have sufficient tools to do the work? • Is my supervision ready to manage the work? • Am I well trained and knowledgeable regarding federal contract rules and regulations? Your answer should be yes to all the above … or you have some homework to accomplish!
Questions? • Have I read my contract, thoroughly? – All parts and section – The PWS/Statement of Work/Specification
• Do I know what it all means? • If any questions, have I asked for clarifications? – From your management – From the government Your answer should be yes to all the above … Or you have some homework to accomplish!
NISH • NISH is a resource available to help you in your contract administration • You should first know who your POC at NISH Region is and develop a good relationship with them • Know they can’t do it all for you, but can help when you get in a bind Remember, it’s your contract, but we can help!
Other Important Resources • Federal Acquisition Regulations – Full text of clauses in your contracts – Provisions, processes and practices
• Code of Federal Regulations • Pricing Memorandum Number 3, Pricing • Operations Memorandum Number 19, Disputes • Operations Memorandum Number 21, Subcontracts
Basic Terminology
“The Government Contracts Reference BookA Comprehensive Guide to the Language of Procurement”
Second Edition Authors: Ralph C. Nash, Jr., Steven L. Schooner, Karen O’Brien Published by: GWU (703) 578-8822
Your Contract as a Guide • AbilityOne contracts are sole source negotiated contracts • Generally they are Firm Fixed Price • They are priced in accordance with Pricing Memorandum Number 3 (PR3) • PR3 says we use FAR Part 15 as the basis for negotiating our price • Therefore, the federal agency may have issued a uniform contract format (UCF) instrument
Uniform Contract Format; FAR Part 15 Part 1
The Schedule
Section A
Solicitation/contract form
Section B
Supplies or services and prices/costs
Section C
Description/specifications/statement of work
Section D
Packaging and marking
Section E
Inspection and acceptance
Section F
Deliveries or performance
Section G
Contract administration data
Section H
Special contract requirements
Uniform Contract Format; FAR Part 15 Part II—Contract Clauses Section I
Contract clauses
Part III—List of Documents, Exhibits, and Other Attachments Section J
List of attachments
Part IV—Representations and Instructions (solicitation) Section K
Representations, certifications, and other statements of offerors or respondents
Section L
Instructions, conditions, and notices to offerors or respondents
Section M
Evaluation factors for award
See Handout – Solicitation Review
Contract Award • Award is generally a Base Year plus Four renewable Follow-on Year (FOY) Periods • Contract is renewable every year • Each FOY carries same price, etc. as Base Year; unless Government makes changes • Every Five Years we re-establish a New Base Year AbilityOne contracts are mandatory source contracts which means purchase of product or service can only be made from AbilityOne qualified Nonprofit Agency!
Now What? • Contract Award – Same requirements? – No changes? – Everything you agreed to?
• Post Award Actions – Deliverables • Quality Control Plan • Notices to government of Supervisory personnel • Other
Contract Management Checklist – Post Award • • • • • • • • •
Reports or plans due to government Approval processes Key personnel provisions and reporting Subcontract administration (if any) Government quality assurance, inspection and acceptance provisions and authorized personnel Contractor quality control requirements Invoicing and payment provisions Insurance and liability requirements Wage rates and required postings
Specific Quality Issues and Payment Invoicing • Contract Administration – Inspection and Acceptance provisions and clauses • • • •
Your Quality Control Plan Their Quality Assurance Surveillance Plan Quality Evaluators AQL – What you and government determined as acceptable performance
– Payment terms • • • •
Instructions for invoice submittal Copies of government acceptance of work (DD 250, other) Invoice submittal address POC for non-payment issues
Who will you be dealing with? • Government contract personnel – – – – –
Contracting Officer Contract Administrator Contracting Officer’s Representative (COR) Contracting Officer’s Technical Representative (COTR) Quality Assurance Evaluators (QAE, Inspectors, etc.)
• Your NPA contract personnel • Communication Matrix – List of who talks to who at what levels within government and your agency – Good idea!
Labor Law Provisions • Wage Rates and Fringe Benefits Service Contract Act Davis Bacon Act Other labor law provisions Make Certain you are following the wage and fringe benefit provision applicable to you contract Do you have special certificate that enables you to pay commensurate wages based on productivity? Have you posted the necessary forms where employees can read them?
What Else? • For anything you’re not certain of … – Seek support and understanding • From written resource materials • From your contract • From NISH • From Training available through NISH Adios and I’m another resource to you at NISH National! Fil Tellez 703.626.3108 ftellez@nish.org
Reminders and Wrap up!
Things To Remember
• NISH is here to assist you! • Utilize training to help you learn the Program and to remain current • Know your contract! Read the fine print • Make sure you are in compliance with the Program regulations • If you have questions, don’t be afraid to ask!
Session Evaluation Information
SESSION TITLE: A1 Contract SESSION CODE: A1-M800