Category Archives: Government Contracting

Can Small Business Cope with New DOL Rules?

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By Elizabeth Sullivan, WIPP Government Relations

In a string of Executive Orders recently taken by the President and executed by the Department of Labor, the House Small Business Committee examined the effects of these regulations on small businesses. In a hearing titled, “The Cumulative Burden of President Obama’s Executive Orders on Small Contractors,” three out of the four witnesses agreed these new regulations hurt more than help small businesses. Witness Dr. David Madland, from the Center for American Progress Action Fund, disagreed. The Executive Orders under scrutiny include Fair Pay and Safe Workplaces, Minimum Wage for Contractors, and Establishing Paid Sick Leave for Federal Contractors, just to name a few.

You might ask why (almost) everyone is crabby, considering the titles for the orders seem pretty straightforward. Everyone should be paid fairly, right? Yes, argued Donna Huneycutt – testifying on behalf of the National Defense Industrial Association – but the actions don’t fit the description. As WIPP’s formal comment pointed out, the proposed system would unload extra paperwork requirements on contracting officers and place burdens on small business contractors. “Several small business contractors have expressed to the AGC that they are strongly considering or plan to walk away from the federal construction market,” voiced Jimmy Christianson, testifying on behalf of the Associated General Contractors of America (AGC). This concern echoed throughout the hearing, with potential job loss cited abundantly as an effect of the regulations.

And it’s not just jobs that small businesses are worried about. To ensure compliance, contractors will also be emptying their pockets. Mr. Christianson highlighted that many small businesses do not have in-house counsel or teams of attorneys on staff. As a result, these businesses have to hire compliance experts or counsel at an average cost of about $400 an hour, which deters many small businesses from seeking federal contracts.  Small business construction contracting companies typically pay for about 20 hours of guidance – you do the math.

Singing a very different tune, Dr. Madland noted studies that highlighted the positive effects of general wage and standard increase. “The state of Maryland found that more companies wanted to do business with the state after they raised standards.” The other three witnesses, representing various groups with small business members, disagreed. Congressman Hanna acknowledged the report’s outcome, but questioned it by citing the three other “real life” panelists that point out they are burdensome, overcomplicated and discouraging people from entering the marketplace.

Overall, Congressman Hanna and other panelists brought up a good point. The commotion is not just coming from the regulations themselves, but that the small businesses they impact are barely considered in the process. Our voices need to be amplified.

Why Federal Contractors Will Probably Be Working This Labor Day

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By John Stanford, WIPP Government Relations

The Department of Labor and FAR Council issued final regulations that require federal contractors to disclose labor violations from the past three years. This blog updates an earlier edition with what you need to know. For more details or if this impacts your business, I encourage you to read official guidance here.

Ahhhh, Labor Day. The unofficial end of summer. A century-old government-granted day off to squeeze in another day at the pool, buy the last of the school supplies (who really needs a protractor anyway?), see the grandparents, and now – for federal contractors – an opportunity to review your company’s legal history.

It doesn’t sound quite right, does it? But for thousands of federal contractors, that is exactly what newly finalized regulations mean. I will get into to the details and timeline of the new requirement in a moment, but first, a little history on a change WIPP has watched closely.

In 2014, President Obama issued an Executive Order with the goal of barring bad companies from winning federal contracts. The following summer the Labor Department (DOL) and the FAR Council (overseers of contracting rulebook, “the FAR”) proposed how this could be achieved. Last week, final rules were published – and contractors nationwide let out a collective groan.

You see, excluding companies with a history of bad acts from winning government work – a generally universally accepted idea – is not easy. WIPP said just that in our formal comment last year. We agreed that companies that follow the rules should not have to compete against companies that break them for federal contracts. But the proposed system would place burdens on women-owned contractors and dump paperwork requirements on contracting officers.

Our comment, along with hundreds from individual business owners and other trade groups, did little to sway the government from moving forward. The new requirement detailed below goes into effect on October 25, 2016.

The regulation requires federal contractors and subcontractors to disclose violations of 14 federal labor laws and the equivalent state laws from the previous three years. Exemptions were provided for companies with contracts valued less than $500,000. Prospective federal contractors will need to declare if they had labor violations in the previous three years when submitting an offer. During an initial evaluation, contracting officers will see that declaration (a simple “yes” or “no”), without any additional detail or explanation.

Later, if a contractor were likely to win an award, the contracting officer would have to decide if the contractor is a responsible company (a requirement of all government contracts already). It is in this phase that details like appeals, remediation, or mitigating factors could be explained. Contracting officers will attempt to identify companies with “serious”, “willful”, “repeated”, and/or “pervasive” violations and not award them contracts. Companies with minor violations could still be considered responsible and win contracts.

In what the government views as a compromise since their initial proposal, the system will be phased-in over the next two years. The DOL released the following timeline:

Phased-In Implementation Schedule

  • Week of September 12, 2016:Preassessment begins, through which current or prospective contractors may come to DOL for a voluntary assessment of their labor compliance history, in anticipation of bids on future contracts but independent of any specific acquisition.
  • October 25, 2016: Thefinal rule takes effect. Mandatory disclosure and assessment of labor law compliance begins for all prime contractors under consideration for contracts with a total value greater than or equal to $50 million. The reporting disclosure period is initially limited to one (1) year and will gradually increase to three (3) years by October 25, 2018.
  • January 1, 2017: The Paycheck Transparency clause takes effect, requiring contractors to provide wage statements and notice of any independent contractor relationship to their covered workers.
  • April 25, 2017: The total contract value threshold for prime contracts requiring disclosure and assessment of labor law compliance is reduced to $500,000.
  • October 25, 2017: Mandatory assessment begins for all subcontractors under consideration for subcontracts with a total value greater than or equal to $500,000.

 

Needless to say, our concerns remain. And before I go into a few of them, I would point out that the $50 million threshold sounds like a lot. It includes, however, companies on a multiple award contract with a ceiling amount above $50 million. Meaning a company that wins a BPA or IDIQ valued above $50 million, though not necessarily the amount of work the company will actually perform, will face the October 2016 deadline.

On a broader level, the rule simply is not ready for primetime. The Labor Department and FAR Council chose not to include what state labor law violations must be reported. It is impossible to gauge the impact of a regulation when missing significant portions.

What is in the rule, however, is equally concerning. In some cases, violations that require reporting will not be be fully adjudicated. That is, companies would have to report decisions against them that may ultimately be overturned – as nearly a third of NLRB decisions have been.

This is compounded by WIPP’s worry that simply having violations on record will “blacklist” companies without providing any opportunity to offer explanation. With limited resources and time, contracting officers may elect to avoid companies with any disclosed violations, despite the intent of the order to only bar violations of a certain severity.

Burdens on subcontractors are also being created. They must report violation history as well – directly to DOL. This was a notable change in the final rule, by making the subcontractor and the Labor Department engage each other, and not put the responsibility on the prime contractor.

At the same time the government has admitted it lacks the resources to answer all questions about weighing different labor violations from hundreds of thousands of subcontractors. Ultimately, this change could be the most damning, as many of these companies are unaware of the new requirements because they never sought business with the government in the first place.

Finally, the Fair Pay and Safe Workplaces requirement is one of many in a disconcerting trend of new regulations that specifically target federal contractors. Earlier this year, regulations raised the minimum wage solely for workers on federal contracts. New requirements regarding sick leave were also released. These make contracting with the federal government more onerous, particularly for women entrepreneurs seeking to enter the market. At a time when we want more competition and innovation in government, policies impacting only federal contractors put up barriers for entry.

Without question, WIPP supports efforts by the federal government to rid the contracting environment of businesses with a history of abusive and neglectful violations. In doing so, the government levels the playing field for the millions of businesses playing by the rules. But the government already has those tools and this rule will not achieve this goal. Instead, it will be harder to be a contractor, pushing the innovative products and services of women-owned businesses out of the federal market.

So to the federal contractors out there gearing up for a warm holiday weekend, fire up those grills, wear that final white outfit, and head into the office – it’s going to be a busy day.

 

John Stanford is part of WIPP’s Government Relations team in Washington, D.C., specializing in federal procurement and healthcare policy. When not bothering lawmakers about needed changes, he can be found in the woods at local golf courses.

And Then There Were None!

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The number of small businesses winning federal contracts is declining. Many attribute the decrease to the growing practice of using large “multiple awards contracts” or MACs, which pick 10-100 businesses to compete for billions of dollars of work. The government has called this effort a number of names over the last two decades – Federal Supply Schedules, Strategic Sourcing, Category Management – all reflecting the same buying philosophy.

The rationale driving these changes is buying smarter; it is the taxpayer’s money after all. The problem, however, is that these policy proposals limit the ability of women-owned businesses and all businesses to compete for and win government contracts.

It is for that reason that last week, WIPP submitted public comments on a proposed rule that will encourage federal agencies to do more strategic sourcing. For years, WIPP has consistently raised concerns around categorizing diverse solutions into narrow groups under the Federal Strategic Sourcing Initiative (FSSI), Category Management, or any other policy that limits the ability for women-owned businesses to bring their innovations and services to the federal market

As WIPP member Gloria Larkin informed the House Small Business Committee in 2013, “WIPP opposes the implementation of Strategic Sourcing methods without adequate consideration and protection of small business concerns. We recognize that increased consolidation and bundling of contracts are symptomatic of this Strategic Sourcing initiative.”

This proposed rule would require contracting officers when purchasing services or supplies offered under FSSI, but when FSSI is not used, to document on the contract file why FSSI has not been utilized. The documentation must include a comparative value analysis of price and non-price factors between the supplies and services offered under the FSSI, and what has been offered from the outside source being used for the purchase.

While the rule does not require use of FSSI, requiring an overworked contracting officer to to produce additional documentation is not in their best interest. Therefore, the clear result of this rule will be much broader use of strategic sourcing and will have an even more harmful impact on the small business community, including the women entrepreneurial community, than it already has.

Acquisition policies like FSSI and Category Management risk eroding our nation’s small business industrial base by maximizing short-term savings through large contract vehicles. Actions taken over the past several years to consolidate contracting have decreased the number of small businesses engaging in federal contracting. While a select few small business benefit from these large contract vehicles, it comes at a high price.

Women entrepreneurs continue to struggle with access to federal markets and greater use of strategic sourcing will set women business owners back, by making it harder to compete. WIPP is committed to working against broader strategic sourcing and the full comments can be found here.

Federal Contracting Success Story of Mickey Swortzel’s New Eagle Consulting Company

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Interview with Mickey M. Swortzel, CFO of New Eagle Consulting

M Swortzel

  1. Tell us a little about your company and its mission.

Mickey Swortzel: We are a engineering services and product distribution company that also develops products used for control systems. Those are found in multiple applications; we focus largely on commercial vehicles, trucks, vans, and most often fleet vehicles. We are looking to provide efficiency in the fuel areas by focusing on alternative, electric, and hybrid vehicles to make them more efficient and less pollutant.

Our mission is making the world a cleaner place to live.

We are also helping our customers by providing the expertise of our engineers in customized hardware and software solutions.

  1. Have you always planned on doing business with the federal government?

Mickey Swortzel: Yes, we’ve always wanted to do business with the federal government since our founding in 2008. However, it took quite some time until we managed to score our first contract in 2014.

  1. What shaped your decision to start pursuing Federal Contracts?  

Mickey Swortzel: My husband and I cofounded the business and we grew up in Dayton, Ohio which is a home for Wright-Patterson Air Force Base. The industry was always prevalent in the local economy so we’ve seen the value that government contracts can provide to the city. It’s sort of in our DNA.

We also knew that we had a solution that they needed and it was just a matter of getting noticed as we are a small business.

As mentioned above we were pursuing federal contracts for 6 years until we managed to get the first one. During that time, we were working on developing relationships, we listened to what they needed and, most importantly, we worked on getting validated as a business.

How has this shaped your business?

Mickey Swortzel: It dramatically changed our business for the better. We have engaged 2 different consultant experts who helped us a lot in the process. We also became DCAA compliant and one of the consultants helped me to pass the audit.

In general, we were doing everything we needed before as well. We just needed to put it into the federal government language and present it in a way they could understand. That’s where the consultants were very helpful.

  1. How do you think ChallengeHER and the Women-Owned Small Business (WOSB) program help women business owners in the process?

Mickey Swortzel: Going through the WOSB certification process helped us to position our unique value. One of our consultants told me: “You have an incredible value proposition. You just need to make sure you get known and recognized for it.” That’s the area where educational events like ChallengeHER can be very helpful to spread this message among WOSBs. On top of that the educational portion is incredibly important especially the DCAA lessons which is a fundamental part of being successful as a federal contractor.

Although being WOSB certified hasn’t helped us to get the current contract, we are definitely better positioned now to get additional contracts in the future.

  1. How has it helped your business?

Mickey Swortzel: WIPP in general helped me to put a Capability Statement together and get through the required registrations. All of the educational portion has really helped me to understand the value that we have and channel it to get heard.

  1. What percentage of your revenue comes from government contracts?

Mickey Swortzel: About 25%. We want to stay diversified but we certainly want to increase that proportion in the future.

  1. What contracts are you currently working on? What have you worked on in the past?

Mickey Swortzel: We are currently working on a Phase 2 contract for the Department of the Air Force which will take about 18 months in total to complete. We are also working for DOE as a subcontractor however we prefer focusing our energy on prime contracts.

  1. Does your business export?

Mickey Swortzel: Yes, we are exporting our engineering consulting services and electronic hardware around the globe.

  1. What would you recommend to other WOSBs doing business with the federal government?

Mickey Swortzel:

  • I would absolutely recommend utilizing WIPP educational resources. Going through the website and being in touch with the team has been the quickest and most efficient way to find information as I started this process.
  • Business owners should also recognize that it takes a long time to get federal contracts and don’t give up.
  • The stronger the business is the more attractive it is for government contracts. You are not wasting your time even when you don’t win the contract. You are building a strong business which you need in order to ultimately win contracts.
  • Realize the WOSB opportunities and take advantage of them. Getting WOSB certified is very important and it’s worth whatever time and energy is required.

Real Experience and Tips from Transition Music and Media on Federal Contracting

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Interview with Donna Ross Jones, Founder and CEO of Transition Music and Media Corporation

Donna Ross Jones1. Tell us a little about your company and its mission.

Music is the heartbeat of our culture and our hand is forever on the pulse. We are passionate about music and the people who create it. Transition Music was originally formed with the mission to create new opportunities for artists, songwriters and composers. This became especially important when technology hit the industry, causing a massive music industry decline.

Today Transition is one of the top 100 music publishers in the world, with more than 1 million music performances globally each year. We unite music with some of the most watched content on the planet. We own a global music library and have a staff of award winning music creators and executives working daily to provide music and manage music process’s for all forms of visual media, from TV series, feature films to corporate productions to webisodes. Our first national production for the National Center for Missing and Exploited Children went viral and ignited a global conversation increasing awareness about wandering and the dangers facing children with autism.

2. Have you always planned on doing business with federal government?

No we had not always planned on doing business with federal government. In our continual goal of expansion and creating more opportunities for music creators, we routinely look at new markets. Knowing that the Federal Government is the largest purchaser of goods and services in the US we began exploring how and if there was an opportunity for us.

3. How have you proceeded with pursuing Federal Contracts?

We decided to invest in educating ourselves as to how and if the federal market place was a match for us. I began going back and forth to DC, working with the SBA and the Department of Commerce to understand the market and how Transition could be successful. We decided to invest the time and resources needed to obtain certifications when we learned Transition Music Corporation was the only WOSB music library of our size and scope, who was also an MBE and an 8a. We saw an opportunity to bring our “Hollywood” brand of expertise to the federal government through music and visual content creation, while assisting them in reaching their diversity goals.

How has this shaped your business?

It is still shaping our business. I keep going back to our mission “to create new opportunities for our creative community”. Pursuing business opportunities outside of mainstream entertainment creates new revenue streams making it possible for producers, writers, musicians, artists and so on to make a living using their gifts and doing what they love.

4. How do you think can ChallengeHER and Women Owned Small Business (WOSB) program help women-business owners in the process?

Working in the government space, like working any other market sector, is about investing time learning, making new contacts and building relationships. ChallengeHER and the Women Owned Small Business (WOSB) program give women the opportunity to make contacts and connect to resources to get the information needed to make informed decisions on all aspects of their business.

How has it helped your business?

Our efforts have resulted in contracts to produce marketing videos, and PSA’s for government agencies. Our music library is competing for music contract in multiple federal agencies and awards in recognition of our work, including Transition Music and Media being named the Minority Media Firm of the Year for the City of Los Angeles, by the Department of Commerce and the MBDA.

5. Could you share the key takeaways you took from the event?

I’ve attended several ChallengeHER and Women Owned Small Business (WOSB) events, and the key takeaways are always the same; come prepared knowing
who you want to talk to and why. Listen, you never know who you will learn from.

6. If you have won contracts under WOSB would you be willing to share size of the award? How has it impacted/grown you business? Hired new employees?

Transition holds multiple certifications; 8a, WOSB, and WMBE. Our contracts to date have been based on our 8a certification, however being a WOSB has been a part of every conversation, and people are probably checking that box too!

7. What percentage of your revenue comes from government contracts?

For YE 2016 we have forecasted 15%.

8. What contracts are you currently working on?

We are currently in production on 5 videos for the MBDA a division of the Department of Commerce. The videos being produced will tell the Minority Business Development Agency (MBDA) story, and educate the public, employees and stakeholders on MBDA products and services.

9. What have you worked on in the past?

More than 26 television series & 6 networks rely on Transition Music as their exclusive source for “ALL” things music; from composers, to production music, to licensing, to new artist, music supervision & building music revenue streams. Specifically, in the federal market Transition Music and Media has provided video production services and music for the SBA, MBDA, Center of Exploited and Missing Children (Funded by the DOJ).

10. What would you recommend other WOSBs doing business with federal government?

Do your research to determine the feasibility of opportunities, their size and scope and how long it typically takes to get a contract awarded to an incumbent. Over and over business owners say the certifications did not work for them and they wasted their time. It is critical to know that with our without any certifications, the federal government consists of people and people buy from who they like, so if you go into this with an expectation that the certifications will get you on a list, and the list will bring business opportunities to you, you will be disappointed and waste your company time and resources.

Government Contracting – Starting, Sustaining, and Scaling

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By Sonja N. Hines–President, H&S Resources Corporation and Member of the Women Presidents’ Organization.

The federal government purchases products and services from just about every industry. Key points to consider when doing business with the government are starting, sustaining and scaling. Many rules and administrative regulations require implementation before business can be done.

Starting

  • In order to do business with the government, you must first register your company in the System for Award Management Database (SAMS). SAM registration incorporates all government contractor information into one system. Contractors and vendors can register, file representations and certifications, and then search for contracting opportunities. A contractor enters information once, which reduces the risk of duplicating or entering conflicting information.
  • Determine your North American Industry Classification System (NAICS) codes. These ID codes which identify business establishments by category are to government contractors what Social Security numbers are to individuals.
  • Establish an account with the Federal Business Opportunity Database (FEDBIZOPPS) website, an internet data source about contracting opportunities & purchases the US government needs to make. It is one of some sources that post the government contracts.
  • Meet with the Office of Small and Disadvantaged Business Utilization (OSDBU) representatives at Federal Agencies to introduce your company and learn how the agency procurement cycle works.

Sustaining

  • Establish a pipeline to identify ongoing business opportunities. There are a number of products, websites and companies that are helpful. For example, our company uses GovWin which is an online government intelligence portal providing contacts, information and resources needed to create and award successful solicitations. These companies, as well as other free government resources, help you find opportunities ahead of time, have information and market analysis needed to strategically pursue an opportunity and make sure you compete in the markets that represent the best fit and increase your probability of a win.
  • Review FEDBIZOPPS and other opportunity databases on an ongoing basis.
  • Market your services to the appropriate agency. To increase the U.S. Department of Labor’s utilization of all types of small businesses, the Department’s Office of Small and Disadvantaged Business Utilization (OSDBU) sponsors Small Business Vendor Outreach Sessions (VOS). These sessions offer small businesses the opportunity to market their capabilities directly to OSDBU and agency program officials and learn about potential Department procurement opportunities. The OSDBU develops and implements appropriate outreach programs aimed at heightening the awareness of the small business community to the contracting opportunities available within the Department. Outreach efforts include activities such as sponsoring small business fairs and procurement conferences, as well as participating in trade group seminars, conventions, and other forums that promote the utilization of small business as contractors.

Scaling

  • Establish a process to search for opportunities across all agencies on a regular basis.
  • Be proactive: look at agency forecasts so you can contact the buyer before an opportunity/solicitation is released for bid.
  • Set up a meeting with potential contracting officers.
  • Participate in appropriate opportunities and submit a bid.

Tips

  • Remember that persistence is the key.
  • Form strategic partnerships with other firms enables you to go after work you would not ordinarily be able to pursue to increase your reach and scope.
  • Make sure you thoroughly understand your company’s financials and have the appropriate back office infrastructure in place to be able to grow.
  • Participate in the agency procurement cycles.
  • Be sure you have enough money set aside to continue normal business operations; the average payout by the government is 45 days.

Diversify your business mix to include government and commercial work.

Regulatory Race to the Finish

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By Debbie Kobrin, WIPP Government Relations

173414-425x283-government_regulationsWith the party conventions right around the corner, and a few months to a new President, you might think the current administration would be slowing down. But things are moving in the opposite direction. The Administration is churning out plenty of new contracting rules, and shows no signs of stopping anytime.

In June, SBA finalized a new subcontracting rule which will help WOSBs with subcontracting requirements, by easing the “50 percent rule” to allow a WOSB to do less than 50 percent of the work on a contract, as long as the WOSB subcontracts to other WOSBs. The rule also shifts the limitations on subcontracting from requiring a prime to perform at least 50 percent of the labor on the contract, to requiring a prime perform at least 50 percent of the dollar amount of the contract. The rule also contains changes to subcontracting plans, roles for Procurement Center Representatives (PCR), Joint Ventures and more.

Also last month,  the GSA finalized a new regulation requiring contractors to report transaction or task order level data on goods and services to GSA. Under the transactional data rule, businesses are required to tell GSA what federal agencies purchase through GSA. This rule applies to GSA contracts including the Federal Supply Schedule (FSS) and Government-wide Acquisition Contracts (GWAC).

Last week, the FAR Council finalized a rule strengthening subcontracting regulations by finalizing the “ list us, use us” requiring for prime contractors to make a good faith effort to utilize small subcontractors to the same degree as listed in the bid or proposal. WIPP has supported this change for a number of years, and testified on its value to women business owners. The rule also requires prime contractors to assign NAICS codes to subcontracts, and restricts prime contractors from prohibiting a subcontractor from discussing payment issues with the contracting officer.

In addition to what we have seen over the past several months, SBA is expected to release a new Mentor-Protégé Program for all-small-businesses any day now. The SBA is also expected to work on rules associated with lower-tier subcontracting credit, WOSB certification, and the WBC program.

The FAR Council continues to work through its back-log and plans to release new rules that include creating a government-wide definition for consolidation and bundling, providing subcontractors with additional payment protections, and implementing the Department of Labor Fair Pay, Safe Workplaces Executive Order.

As we enter the home stretch of the Obama Administration, there is a clear impetus to do as much as possible over the next several months. As new information about rules becomes available, WIPP is committed to keeping you informed.

 Let us know what you think about Regulations by taking We Decide 2016 Quick Poll.

Federal Contractor, The Boeing Company, Shares Tips with WIPP on Subcontracting

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Interview with Boeing Supplier Diversity Manager, Champagne Bell.

  1. Tell us a little about The Boeing Company.

Champagne Bell: Boeing is the world’s largest aerospace company and leading manufacturer of commercial jetliners and defense, space, and security systems. As a top U.S. exporter, Boeing supports airlines and provides products and services support to customers in 150 countries. We have global footprint and continue to expand it.

Boeing products and tailored services include commercial and military aircraft, satellites, weapons, electronic and defense systems, launch systems, advanced information and communication systems, and performance-based logistics and training.

  1. How does Boeing work with small businesses?

Champagne Bell: Boeing has contracts with 21,500 suppliers and partners globally and we focus on partnering worldwide for mutual growth and prosperity. Currently, we contribute over $5B to small and diverse businesses annually and Boeing is a part of the Billion Dollar Roundtable (note: an organization that brings together major corporations that make meaningful and measurable contributions to the economic growth of woman-owned and minority-owned companies).

  1. Do you have a supplier diversity program? Can you tell us little more about it?

Champagne Bell: Since 1951, Boeing has had a Supplier Diversity Program in place. In addition, we have also targeted initiatives and one of them focuses on women-owned enterprises.

Our commitment to small and diverse business enables us to manage our businesses and deliver value and solutions where our suppliers, Boeing, and customers win.

We are proud that our Supplier Diversity Program has demonstrated results including:

  • Highest rating from Government customer.
  • Received national industry awards.
  • Dedicated enterprise Supplier Diversity team.
  • Boeing has received recognition from our external and industry partners for its supplier diversity work.
  1. What role do subcontractors play in your government business?

Champagne Bell: Our subcontractors play a critical role on our business and help support our commitment to adhering to DOD Statutory Contracting and Subcontracting Goals.

  1. Do you have any programs to target women owned businesses for subcontracting?

Champagne Bell: Yes. One of our Strategic Initiatives focuses on enhancing relationships with eligible women-owned small businesses to ensure we maintain a viable supply chain of WOSBs to support our businesses.

  1. What are the key qualifications you are looking for among your suppliers/subcontractors?

Champagne Bell: Boeing is looking for suppliers who:

  • Do their homework to fully understand how their products and services can directly benefit Boeing and the solutions we offer our customers.
  • Share our commitment to performance excellence in terms of cost, quality, and delivery.
  • Are financially healthy and are continuously focused on improving affordability and efficiency through Lean operations.
  • Will share their knowledge for how we can all better manage our businesses and deliver value and solutions where our suppliers, Boeing, and customers win.
  • We need suppliers who are looking toward the future with us, applying what we learn together as we continue to invest in technologies that will help us deliver the critical products and services that our customers will demand. We are looking for long-term partnerships.
  1. What would you recommend to WOSBs looking for subcontracting opportunities?

Champagne Bell: To summarize it:

  1. How do you think can ChallengeHER and WOSB program help women-business owners to get into the federal procurement?

Champagne Bell: As mentioned above, we have a strategic initiative which focuses on WOSB suppliers and we believe that the programs like ChallengeHER are helping a lot to encourage women to enter the federal procurement business. It also helps us, the Boeing Company, to find diversified suppliers that we are looking for.

Other general advice is:

  • Understand the procurement practices and requirements.
  • Understand quality requirements.
  • Small business owners are admired for their ingenuity and aggressiveness so embrace that mindset to find your customers and know their business.
  • Leverage engagement with large primes to understand business needs.

New Overtime Regulations to Take Effect December 1, 2016

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By Marina Burton Blickley, Esq., Centre Law & Consulting LLC

A draft of the Department of Labor’s final revised regulations covering white collar exemptions was just released and is set to become effective December 1, 2016 – right after elections.  The final rule sets the new salary threshold for exempt executive, administrative, and professional employees at $47,476 annually and $134,004 for exempt highly-compensated employees.  This is a dramatic increase from the prior levels of $23,660 and $100,000.  Now that the final salary levels are known companies should be reviewing their employee classifications and making adjustments where necessary to be prepared to be in compliance come December 1, 2016.  Government contractors with contracts covered by the Service Contract Labor Standards (formally Service Contract Act) should also perform an analysis to ensure employees performing services on those contracts are being provided appropriate wages and health and welfare benefits since the FLSA overtime exemptions are used to determine coverage under that Act.

There have been a number of recent updates to the employment laws governing employers generally and, in particular, government contractors.  WIPP’s Give Me 5 recently hosted a webinar covering these and other changes.  To learn more, please listen to the podcast available here –

 

Give Me 5: Where Human Resources and Government Contracts Intersect

Guest Speakers:  Barbara Kinosky, President and Managing Partner, Centre Law & Consulting and Marina Blickley, Associate, Centre Law & Consulting

Federal contractors are subject to a unique set of rules, laws and regulations.    Many of these laws and regulations also apply to subcontractors.   This session covers the more complicated areas where HR and government contracts intersect.  Topics include:

  • OFCCP – latest news on increased HR compliance requirements
  • Executive Order actions and recent regulatory changes
  • Common challenges to complying with the Service Contract Labor Standards/Service Contract Act
  • Tips for handling whistleblower and relator complaints
  • Handling mandatory disclosures
  • Changes to implement now

Listen to the Podcast | View the Presentation

 

But Wait – There’s More

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By Ann Sullivan, WIPP’s Chief Advocate

The first quarter of 2016 was big for us. The Federal Government met its goal of awarding 5% of all contracts – $17.8 billion – to women-owned firms. This was only possible because of the Women-Owned Small Business (WOSB) procurement program which allows contracting officers to set aside contracts for women only to bid on.

In February, the FAR Council added sole source authority to the program. Now, contracting officers can use the program to award sole source contracts to women-owned businesses that are uniquely qualified to perform the work the government needs. All of the other small business procurement programs have sole source authority, so it was important to bring parity to the WOSB program.

In March, the WOSB program was expanded to include 113 industry codes. The same law that added sole source authority also called for SBA to update a study on participation in federal contracting by women-owned businesses. The last study was done in 2007. The new study found more industries where women are underrepresented and now those industries are part of the WOSB program – an expansion that will provide additional procurement opportunities.

While we have been making gains on that front, there is much more to do to open doors to federal agency contracts for women-owned companies. Never content to rest on our laurels, the WIPP policy team in Washington, DC is ready to tackle two new procurement issues.

First, we must increase access for women-owned firms to multiple-award contracts. The government increasingly buys its products/services through these ongoing contracts, like Indefinite Delivery, Indefinite Quantity (IDIQ) contracts, and other large contracts. Often, these contracts select vendors through an initial competitive process and then issue task orders to that group of vendors only. Some multiple-award contracts have a “track” for large businesses and a “track” for small businesses. Others, though, have different tracks within the small business track. For example, they may have a HUBZone track, an 8(a) track and a veteran’s track. In those instances, WOSBs should also have their own track. We will be asking for parity in these cases.

Second, there should be parity in sole source contract ceilings. Sole source contracts are capped – they are not unlimited. Every five years, the FAR Council adjusts the cap for inflation. In October, all the other small business programs’ caps were increased. The HUBZone program, for example, now has sole source awards capped at $4 million for most products/services and $7 million for manufacturing. Women did not get an increase — our manufacturing cap is a half a million less at $6.5 million. Again, the theme is parity. We will be pressing the FAR Council to adjust the WOSB sole source to match the increases of other programs.

WIPP’s advocacy is always in motion and in the federal contracting space, there is always much more to be done. So, join us in the effort. When talking to federal agencies or elected officials, echo our two asks. Everyone’s voice is important.