Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Government Contacting - FAR Part 4 - Administrative Matters

34 views

Published on

Please join Jennifer Schaus & Associates every Friday in 2020 for a complimentary series. See the full recording on our YouTube Channel (https://youtu.be/8WSeOIlY7VY). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!

Published in: Government & Nonprofit
  • Be the first to comment

  • Be the first to like this

Government Contacting - FAR Part 4 - Administrative Matters

  1. 1. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Join us in this complimentary webinars series as we uncover each Part of The FAR (Federal Acquisition Regulations) so you can better understand the rules of the (federal contracting) game.
  2. 2. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com The FAR, or Federal Acquisition Regulation is the official rule book for how the Federal Government purchases. It sets uniform policies and procedures for the federal acquisition and procurement process. Webinars are complimentary and recorded. NOTE: Recordings are posted to our website and YouTube channel.
  3. 3. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com The National Veteran Small Coalition (NVSBC) is the largest non-profit trade association in the country representing veteran and service-disabled veteran-owned small business in the federal marketplace as prime and subcontractors. NVSBC provides networking, match-making, coaching, and training opportunities for members. Please visit: www.nvsbc.org PARTNER:
  4. 4. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Sponsors:
  5. 5. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com About Us: Washington DC Based Professional Services For Federal Contractors - GSA Schedule - SBA 8(a) Certification - Proposal Writing & Pricing - Contract Admin Clients: Products / Professional Services / Software
  6. 6. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Advertise With Us: Advertise in our Monday Fed Gov Con Report Mondays – 11am Reaching ~ 17k Gov & Gov Con Subscribers Advertise in our Wednesday Webinar series Advertise in this FAR Webinar series hello@Jenniferschaus.com
  7. 7. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Upcoming Event: Monday, February 10, 2020 5.30pm – 7.30pm Meet With US State Department and over 150 Gov Con Attendees Register on our website Sponsorships Available
  8. 8. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com About Our Speaker: Ryan Bradel Ward Berry rbradel@wardberry.com www.wardberry.com
  9. 9. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com FAR PART 4 Administrative Matters Link: https://acquisition.gov/content/part-4-administrative-matters January 17, 2020
  10. 10. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com FAR Part 4 – Administrative and Information Matters • Part 4 is often referred to as the FAR’s miscellaneous “catch all” section • It is somewhat of a smorgasbord of rules dealing with various topics you can discern a bit of a focus on: 1) the management of “paper;” 2) the retention of records; 3) and the protection of information. • Rules can seem random and dry but there is plenty to trip up even a scrupulous contractor.
  11. 11. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.1 – Contract Execution • Who can sign the contract for the government? • Must be a warranted contracting officer up to the limit of the warrant. • What happens if the contracting officer doesn’t have a sufficient warrant? • Changes: make sure that you get written instruction on any changes to the contract from the contracting officer.
  12. 12. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.1 – Contract Execution • Who can sign for the contractor? • Must be signed in the name of the entity if the entity is performing the contract • Anyone with authority to bind the entity can sign: • Sole proprietor, general partner, or authorized employee of corporation • The contracting officer may ask you for evidence of the agent’s authorization to bind the principal • Joint ventures: a representative for each joint venturer
  13. 13. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.2 – Contract Distribution • Rules for when and to whom the contracting officer must distribute copies of the contract (administrative offices, finance office, etc.) • Rules for distributing the contractors Taxpayer Identification Number. • Requires contracting officer to provide copy of contract to contractor within 10 days.
  14. 14. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.3 – Paper Documents • Requires use of electronic means to distribute documents • When electronic means are not appropriate (e.g., classified contract) then must use both sides and 30% recycled paper • Rules for distributing the contractors Taxpayer Identification Number • Requires the use of clause 52.204-4 which requires contractors to abide by the same requirements
  15. 15. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.4 – Safeguarding Classified Information Within Industry • Security of classified information is covered by the National Industrial Security Program Operating Manual (NISPOM). • This is the FAR clause that incorporates the NISPOM • This clause also includes procedures for contracting officers as to how to determine whether a solicitation is classified and how to handle such a solicitation.
  16. 16. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.5 – Electronic Commerce in Contracting • Encourages use of electronic means whenever possible. • Just because a term that is typically associated with paper (e.g., “copy,” “document,” “page,” “envelope,” “in writing”) does not necessarily mean that a piece of paper is required—use electronic means, if possible.
  17. 17. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.6 – Contract Reporting • Prescribes uniform reporting requirements for the Federal Procurement Data System (www.fpds.gov) • All contracts over the micro-purchase threshold ($3,500 for civilian agencies and $5,000 for DOD) • Very dynamic data system that can be sorted to show all types of information (e.g., FFP vs. cost reimbursable, large business v. small business, how much runway a particular company might have on its contracts)
  18. 18. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.7 – Contractor Retention of Records • Requires contractors to maintain records related to the contract (if there is an “Audit and Records” clause in the contract) • Generally must be preserved for 3 years after final payment • What is included? • Books, documents, accounting procedures and practices and “other data” • Several exceptions: e.g., cost accounting records (4 years)payroll (2 years) and work orders for equipment repairs (4 years) • Penalty for failure to retain: adverse inference
  19. 19. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.8 – Government Contract Files • Counterpart to 4.7 for the government • Long list of categories of documents that the agency must keep • “System of records” for purposes of FOIA • Also specifies contract closeout timelines: 6 months for FFP and 36 months for cost reimbursable • There is no deadline for submission of invoices in the FAR but agency rules often address it to protect an agency’s current year money
  20. 20. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.9 – Taxpayer Identification Numbers • Requires the agency to transmit contract information to the IRS
  21. 21. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.10 – Uniform Use of Line Items • Standardized system of numbers for line items so that it is easier to tell whether the line item is for labor, ODCs, etc. • Requirements on how line items are to be broken out so that line items are not too general or high level • Goal: to provide greater visibility into what the government is buying
  22. 22. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.11 – System for Award Management • Every contractor must be registered in SAM at the time of award and provide all necessary information: • Identification numbers (DUNS, CAGE, etc.) • Names of officers • Address • NAICS codes • Small business representations • Exceptions: 1) contracts performed outside the US; 2) unusual and compelling urgency; 3) classified
  23. 23. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.12 – Representations and Certifications • Closely related to the prior subpart—requires completion of reps and certs in SAM • The reps and certs are used as a screening mechanism for solicitations • The reps and certs are incorporated into the contract • So a misrepresentation can lead to termination of a contract
  24. 24. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.13 – Personal Identity Verification • Increased the security applicable to any contractor personnel that would have routine access to federal facilities or access to certain sensitive federal data (even if it is housed at a contractor facility) • Any contractor employees who fall into this category must be fingerprinted and be run through federal data bases • Return of badges is a contract closeout item • List of designated sources of vendors for equipment to produce cards to prevent security breaches by unvetted vendors
  25. 25. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.14 – Reporting Executive Compensation • Requires primes and first tier subcontractors to report the names and compensation of their 5 highest paid executives if: • Over $25M in federal contracts/subcontracts • Which accounts for 80% of the company’s gross revenue • The public does not otherwise have access to this information • The public can view this information on www.usaspending.gov
  26. 26. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.15 – Reserved
  27. 27. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.16 – Unique Procurement Instrument Identifiers • Linked to the FPDS data system • Establishes a system for numbering contracts in order to ensure that each contract number is unique for at least 20 years.
  28. 28. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.17 – Services Contract Inventory • Must report the number of man hours worked by service contractor personnel • Purpose: to give Congress a sense of how many hours are worked by contractors vis-à-vis government employees • The idea was to try to move contractor personnel into government employee positions but the thinking has changed and now the government is trying to outsource more and make government smaller • This information is reported on the agency website
  29. 29. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.18 – Commercial and Government Entity Code • “CAGE” Code is generated by SAM when you register in SAM • Purpose: primarily to track how much business the contractor is getting and banking information (the CAGE code is tied to the ACH bank account number) • Contracting officer must verify CAGE code prior to award
  30. 30. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subpart 4.19 – Basic Safeguarding of Covered Contractor Information Systems • Establishes fifteen safeguards that contractors must implement if their IT system will process, store, or transmit information generated or provided during the performance of a federal contract. • Sample: 1) limit access to authorized users; 2) authenticate identities of users; 3) sanitize or destroy storage media; 4) provide protection from malicious code
  31. 31. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Subparts 4.20, 4.21 – Prohibition on Purchasing from Certain Entities • Prohibits contracting for hardware, software, or services developed or provided by Kaspersky Lab • Prohibits contracting for certain telecommunications or video surveillance equipment produce by certain Chinese companies.
  32. 32. Get “FAR” Sighted In 2020 J Schaus & Associates – Washington DC – PH: 202-365-0598 - Hello@JenniferSchaus.com Thank You For Joining Us! Ryan Bradel rbradel@wardberry.com 202-331-8162
  33. 33. Get “FAR” Sighted In 2020 Brought To You By: JSchaus & Associates Washington DC PH: 202-365-0598 Hello@JenniferSchaus.com

×