Washington, DC saw record levels of snow in February 2010. The federal government was closed for four days. These two events on their own are daunting situations. Combined, they wreak havoc on government contractors. Kudos to the D2DInc staff for really working together to ensure deadlines were met and projects and proposals continued forward. We have no idea what type of winter we’ll see this year, but we’re offering suggestions on how to prepare now. Even if you live in a warm climate, your proposal delivery may be affected by the weather in another region.
 
D2DInc was extremely prepared for the back-to-back 2010 blizzards. Once we knew that a big storm was brewing, we started making contingency plans early so work could continue. We discussed approaches to address power loss and other potential problems/challenges. We asked our staff keep their laptops and mobile phones charged. We established clear lines of communication so staff would know who to contact with questions and for updates. Management continuously monitored the news for information regarding the weather and clean-up operations, the government’s status (open or closed for the following business day), had regular calls/emails to stay up-to-date on projects with deliverables during this period. We monitored FedBizOpps to determine if any modifications were released on solicitations or if new RFPs were released so we could adjust plans as needed. We also developed alternate suggestions for proposal production in case access to our office was not possible or if we lost power. We even recommended to a client to consider getting a hotel room near the agency to ensure on-time delivery should the government be open, but the roads too dangerous to drive. As a result of this advance planning, D2DInc operations continued even while the government and other businesses were closed.
 
We want to pass on information that we believe is helpful not only in inclement weather, but are just good practices.

• Continuously monitor information sites so you’re aware of updates and statuses that affect your proposal and/or contracts. The government may have a “no work, no pay” clause on your contract(s). Make sure you know the policy and make sure your corporate policy accurately reflects what your policy is/should be.
•  Back-up, back-up, back-up!  Make sure that you have backed-up copies of key information and proposal files on external sources such as an external drive or an off-site location. It’s important to ensure your data is encrypted and/or password protected. Make sure that copies of information you need to keep your business running are accessible. For instance, we use an online timekeeping system and have access to our accounting application so processing payroll during these historic storms wasn’t a problem.
• If you exclusively use desktop computers, consider purchasing one or more laptops so work can continue in the event that your office cannot be accessed, power goes out, or work needs to happen/continue off-site.  All D2DInc staff have in the commercial division has a laptop so they can work remotely during inclement weather. They also have a PDA that has access to email and the Internet. We are definitely well connected, with redundancy of communications equipment in the event a laptop isn’t available or doesn’t have Internet access.
• Consider using a site such as Basecamp to share documents and create a repository for a proposal project. This is a good way to keep working after hours, work with staff and teaming partners at various locations, and keeps documents related to a proposal/project in one location. We love that documents can be accessed remotely and securely. We also use GoToMeeting for tel-/web-conferencing.
• Have multiple back-up plans. The time to make a back-up plan before there is a hint that one may be needed. If you wait you may not have time to react. In the case of the February blizzards we already had in place had multiple back-up plans to address things like power loss at the office or staff residences, main and/or secondary roads not being plowed, above-ground Metro stations not being opened, traffic, etc.

Please let us know if you have any questions or need additional information on contingency planning during the business development, proposal process and contract administration phases of government contracting.

The White House announced that it will be changing how the government purchases and uses Information Technology. This is welcomed news and is overdue. Government contractors have always known that the IT acquisition process is long and drawn out. And while the government may request innovation in the solicitation, the proposed solution may not be innovative by the time it is implemented. This means the technology the government uses oftens lags behind the technology available in the commercial sector.

According to a Washington Business Journal blog post on Friday November 19, this will be changing. Their post “New federal IT strategy a step forward” quotes Jeffrey Zients, who is the acting director and chief performance officer of the Office of Management and Budget, as saying the plan will "fundamentally change how the federal government purchases and uses IT." The hope is that acquisitions will be conducted on a more timely basis, with quicker decisions. As a company that works with IT government contractors, we certainly hope so.

To read the WBJ’s entire blog post visit: www.bizjournals.com/washington/blog/2010/11/new-federal-it-strategy-a-step-forward.html

This Small Busines Administration press release is regarding the proposed increase in size standards to expand eligibility for Small Business Programs. We recommend that small businesses submit comments on the proposed changes by the May 16, 2011 deadline. Information on how to submit comments is at the end of the press release. The D2DInc staff can assist companies in determining how any changes may impact their governnent contracting efforts.

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Release Date: March 16, 2011   

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WASHINGTON – A proposed rule published today for comment in The Federal Register by the U.S. Small Business Administration would adjust the size definition of small businesses in professional, scientific and technical services and other services sectors.

The proposed revisions would increase the revenue-based size definition businesses need to meet to qualify as small businesses. They apply to businesses in 36 industries and one sub-industry in professional, scientific and technical services, and one industry in other services sectors.

As part of its ongoing comprehensive review of all size standards, the SBA evaluated 46 industries and three sub-industries in these sectors.  Of these, the SBA proposes to increase size standards for 36 industries and one sub-industry and retain current standards for the remaining 10 industries and two sub-industries.  SBA’s size standards vary from industry to industry to account for differences among them.

 In 2007, the SBA began the process of reviewing and updating size standards based on industry-specific data.  Before this, the last overall review of size standards occurred more than 25 years ago.  Under provisions in the Small Business Jobs Act of 2010, SBA will continue its comprehensive review of all size standards for the next several years.

The proposed changes take into account the structural characteristics within individual industries, including average firm size, the degree of competition, and federal government contracting trends to ensure that size definitions reflect current economic conditions within those industries.

The changes would allow some small businesses that are close to exceeding their current size standards to retain small business eligibility under higher size standards, giving federal agencies a larger selection of small businesses to choose from for small business procurement opportunities.  SBA estimates as many as 9,450 additional firms will become eligible for SBA programs as a result of the proposed revisions, if they are adopted.

The SBA issued a White Paper entitled, “Size Standards Methodology” on Oct. 21, 2009, which explains how the SBA establishes, reviews and modifies its receipts-based and employee-based small business size standards.  It can be viewed at http://www.sba.gov/size.

Comments can be submitted on this proposed rule on or before May 16, 2011, online at: www.regulations.gov, where they will be posted, or mailed to Khem R. Sharma, chief, Size Standards Division, 409 3rd St., SW, Mail Code 6530, Washington, DC  20416.  For more information about SBA’s revisions to its small business size standards, click on “What’s New”  on SBA’s Web site at:  http://www.sba.gov/size.  

The US Citizenship and Immigration Services agency announced the launch of E-Verify Self Check. This system is similar to the E-Verify system that is currently available to employers, but this one is for individuals. It is voluntary, fast, and free. Self Check also provides information on how to correct any mismatches between the information the individual provides and what the US Department of Homeland Security (DHS) has on record.

The system will be released in phases and is currently available to users that have an address and are physically located in Arizona, Colorado, the District of Columbia, Idaho, Mississippi, or Virginia.

For more information visit the USCIS website: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2ec07cd67450d210VgnVCM100000082ca60aRCRD&vgnextchannel=2ec07cd67450d210VgnVCM100000082ca60aRCRD

Our business associate (and frequent teaming partner) Sisarina Inc invited us to be a guest blogger for their govcon series. Click here to read our post "Get Your Small Business Up to Par for Government Work." We love working with them and highly recommend their services.

About Sisarina: Sisarina is a fun-loving, dog-friendly, fast-paced, Bethesda-based web marketing company that works with small businesses and non-profits to better their branding, marketing and websites. Instead of the usual approach to websites, we take a big picture approach and make sure everything your business needs to grow is in your hands when we're done.

Twitter: @Sisarina

There are a lot of "associations" that hold themselves to be "experts" in government contracting. In many cases it's true; in others it's not true by any stretch of the imagination. And then you discover an association that embodies everything you want -- proactive, energetic, and populated with businesses that are looking to not only grow in the govcon arena, but are willing to put in the effort to make it happen.

We had the pleasure of recently meeting Ron Perry, the president of the National 8(a) Association. Ron's energy is contagious. He is really committed to helping companies grow and succeed. Since that's the mission of our company, we're looking forward to a long relationship with him and his organization.

Ron sent us information on the 2012 Winter Conference to be held February 7-8 at the Walt Disney Resort in Orlando, Florida and hosted by Disney's Grand Floridian Resort and Spa. Registration starts on February 6. Based on everything we heard independent of Ron, this is definitely a must attend for 8(a) companies. It's not a huge conference so there will be a lot of opportunities to network and interact with the speakers.

Several government speakers are on the agenda including Lee Rosenberg, Director of Small Programs for the Missile Defense Agency; Sherry Baldwin, Director of Small Business Programs for the Defense Intelligence Agency; Glenn Delgado, NASA Associate Administrator of the Small Business Programs, Washington; Darryl Hariston, SBA Associate Administrator; John Klein, SBA Associate General Counsel for Procurement Law; Pamela Wilson of the Department of Treasury; and various industry experts and prime contractors. Also invited to participate are Karen Mills, SBA Administrator (keynote speaker); Kevin Boshears, OSDBU Director at DHS; Teresa Lewis, OSDBU Director at HHS; and Shepleigh Driskco, OSDBU Operations Director for the Department of State.

For more information, visit the National 8(a) Association's website.

You may have heard that OMB issued a memorandum pertaining to the payment of government contractors.  Gary Honig, our friend and biz associate from Creative Capital Associates, blogged about this on his website, excerpted below. Gary has good information that you should consider when you're reviewing/executing teaming agreements. 

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On September 14, the Director of OMB Jacob Lew issued a formal memorandum to all Government agencies to speed up the payments to their vendors. This measure, as part of the Prompt Payment Act (PPA) is helpful even though it appears on the surface to be targeted toward helping the struggling economy. Once inserted into the government stream, directives do have a ripple effect as long as there is follow up and management – meaning the Agency heads are going to be asked in November to show they have begun to accelerate their payments.

But what is missing, my good friend Guy Timberlake at The ASBC.org points out, is to take this a step further and add oversight to the prime government contractors to expedite their payments to the sub-contractors. By far the majority of real small businesses working on behalf of the government can be found in the sub-contractor category. Accelerating payments from agencies to the primes without requiring the same prompt payment to the subs is an important missing ingredient to helping the economy grow to create more jobs.

While there is language in the FAR that does require prime contractors to pay their subs, it’s high time to dust off the language and force prudent cash management practices on any contractor that holds back payments as a way to enhance their own cash flow problems. Of course this is a scenario where invoice factoring may help to alleviate working capital issues.

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If you need more information about cash management, factoring, and capital, contact Gary at 888-681-0080.

Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities

The US Department of Labor issued a News Release about a new rule that would require both Federal contractors and subcontractors to set a 7% workforce hiring goal for persons with disabilities. This is in addition to the current diversity requirement for workforce equality.

A key reason for the expansion of the current requirement is to maximize the employment of Service-Disabled Veterans, as well as other persons with disabilities.

The Office of Federal Contract Compliance Programs (OFCCP) is asking the public to comment on the proposal, which was published in the Federal Register's December 9, 2011  edition. A copy of the document is available here.

Your comments must be received on or before February 7, 2012 to ensure consideration. Comments may be submitted using any of the methods below. Be sure to include RIN number 1250–AA02 with your submission.

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments
• Fax: (202) 693–1304 (for comments of six pages or less)
• Mail: Debra A. Carr, Director
  Division of Policy, Planning, and Program Development
  Office of Federal Contract Compliance Programs
  Room C–3325, 200 Constitution Avenue, NW
  Washington, DC 20210

If you haven't heard, the National 8(a) Association 2012 Winter Conference is 2/7-8/12 in Florida. We previously posted information about the conference. All  of the details, including the updated agenda, are available on their website: http://www.national8aassociation.org/. Sounds like it will be a great event.

The SBA is conducting the fourth public meeting of the Interagency Task Force on Veterans Small Business Development. The meeting will be held Friday January 20, 2012 from 9am to 12pm in the Eisenhower Conference Room, Side A & B, located on the 2nd floor at 409 3rd Street SW., Washington, DC 20416.

The task force is directed at improving business and access to capital opportunities for veteran-owned small businesses (VOSBs) and service-disabled VOSBs. The task force focuses on the following six areas:

1. Access to capital (loans, surety bonding and franchising);
2. Ensure achievement of pre-established contracting goals, including mentor protégé and matching with contracting opportunities;
3. Increase the integrity of certifications of status as a small business;
4. Reducing paperwork and administrative burdens in accessing business development and entrepreneurship opportunities;
5. Increasing and improving training and counseling services; and
6. Making other improvements to support veteran's business development by the Federal government.

The meeting is open to the public; however you need to contact Raymond B. Snyder, Deputy Associate Administrator, Office of Veterans Business Development at vetstaskforce@sba.gov by January 13, 2012. Written comments should be emailed to the same email address.

Additional details and the Federal Register Notice are available at http://www.federalregister.gov/articles/2012/01/10/2012-261/interagency-task-force-on-veterans-small-business-development#p-6.

Joint Ventures – a Great Way to Team on Federal Government Contracts

Most people are familiar with the concept of Joint Ventures (JVs); however there are many companies that could successfully use a joint venture, but aren’t aware of the particulars and benefits. This article provides a high level overview of JVs. You can contact us if you have any questions or need additional information.

JVs consist of two or more parties who team to create a new entity for the purpose of executing a particular business undertaking, such as pursuing a federal government contract. This enables them to pool their resources (staff, management, finances) and jointly present their past performance as a team.

Small and newer contractors should consider JVs because it will allow the pursuit of larger contracts (revenue and/or people) or gives the “prime” – the JV – stronger past performance because both parties’ experience counts as the prime’s, as opposed to a situation when only a subcontractor has the experience (skills/people/capabilities) or past performance. This can give the Team a stronger position for evaluation.

JVs can be extremely beneficial for 8(a) certified firms that have the skills necessary to perform on a contract, but not enough past performance or experience supporting a specific agency. New rules relating to 8(a) JVs took effect on February 11, 2011 revising the regulations pertaining to the 8(a) Business Development Program. One of the biggest changes is that the JV may be awarded up to 3 contracts over a 2-year period without a finding of general affiliation. Previously the rules stated that the JV could only bid on 3 contracts -- a definite improvement. If you are considering creating an 8(a) JV, you should contact the SBA before starting the paperwork and before the proposal is submitted. The SBA has specific guidelines and forms that must be used in order for a JV Agreement (JVA) to be approved. If their format is not used, your JVA will probably be rejected, and as a result, the agency cannot award the contract to the JV. For more information on the regulations pertaining to awarding an 8(a) contract to a JV, reference 13 C.F.R. § 124.513(a)(1).

Creating a JV is not necessarily complicated, but there are SBA regulations that govern small business JVs and even more specific regulations for creating 8(a) certified JVs. When creating a JV, you need to seek the advice/counsel of someone familiar with JVAs for government contracts and knows the corresponding regulations. JVAs have nuances that are different from general business law, so make sure that your legal counsel or contracts administration professional is not only familiar with JVAs, but is up-to-date on recent legislation affecting JVs.