SubContracting Opportunities - Department Of the Interior

Federal Government Contracting:
SUBCONTRACTING
2022 Webinar Series
Washington DC – hello@JenniferSchaus.com – 202-365-0598

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Monday, December 12
5.30pm - 7.30pm
The John F Kennedy Center
-------------------------------
SPONSOR OPPORTUNITIES AVAILABLE
REGISTER / SPONSOR: https://holiday1212.eventbrite.com
Federal Government Contractors
HOLIDAY SOIREE

Thank You To Our Webinar Sponsors

Webinar Sponsors

✔ Full training calendar: virginiaptac.org & useful links
✔ Register for free counseling:
https://virginiaptac.org/services/counseling/
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THIS PROCUREMENT TECHNICAL ASSISTANCE CENTER IS FUNDED IN PART THROUGH A COOPERATIVE AGREEMENT WITH THE DEFENSE LOGISTICS AGENCY.

AVAILABLE ON-DEMAND
ON OCT 24TH
$395
WWW.THEGAINCONFERENCE.COM
On October 18th, over 300 of your peers
came together at GAIN, the premier
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trends and techniques to better reach and
engage with your public sector audience.
Secure your on-demand broadcast for:
• High energy, recorded sessions from
over 36 industry experts
• Data insights from the 2022 Marketing
4 Public Sector Study (M4PS)
• Marketing case studies featuring
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• 7 Trends That Will Drive The Year
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• And more!
As a MARCOM leader in the government
industry, you have so much to GAIN!
FOR MORE INFO CONTACT STEPHANIE GEIGER
SGEIGER@GMARKU.COM

SUBCONTRACTING OPPORTUNITIES AT
Department Of The Interior

AGENDA:
➢ Panelist Introductions
➢ Mission Statement / History
➢ Bureaus, Agencies & Offices
➢ Important Links
➢ Top Vendors
➢ Trends & Opportunities
➢ Marketing Best Practices
➢ Legal Considerations

DATA SPEAKER:
Ms. Leila Salim
GovSpend
lsalim@govspend.com

LEGAL SPEAKER:
Andrew Crawford
Brown Rudnick LLP
acrawford@brownrudnick.com

MISSION STATEMENT & HISTORY:
The U.S. Department of the Interior protects and manages the
Nation’s natural resources and cultural heritage; provides scientific
and other information about those resources; and honors its trust
responsibilities or special commitments to American Indians, Alaska
Natives, and affiliated Island Communities.

BUREAUS / AGENCIES / OFFICES:
Bureau of Land Management
Bureau of Reclamation
Bureau of Indian Affairs
Bureau of Safety and Environmental
Enforcement
Bureau of Ocean Energy Management
Federal Consulting Group
Fish and Wildlife Service
Indian Arts and Crafts Board
Interior Business Center
National Park Service
Office of the Inspector General
Office of Surface Mining, Reclamation and
Enforcement
U.S. Geological Survey

LINK TO DEPARTMENT:
https://www.doi.gov/
LINK TO OSDBU/OSBP:
https://www.doi.gov/pmb/osdbu
LINK TO PROCUREMENT FORECAST:
https://www.doi.gov/pmb/osdbu/forecast
LINK TO SBA SCORECARD:
https://www.sba.gov/document/support-department-interior-contracting-scorecards

TOP 10 VENDORS

1. Cherokee Nation Mgt & Consulting LLC
2. Vera Institute of Justice
3. Deployed Services LLC
4. BWI/TPC, A Joint Venture
5. NW Construction Inc
6. Dovel Technologies
7. TEPA EC LLC
8. JCCBG
9. S.J. Louis Construction Inc
10. Providencia Group LLC

TOP 5 VENDORS - PROFILE

#1 - CHEROKEE NATION MANAGEMENT & CONSULTING
LLC
Cherokee Nation Management & Consulting
(cherokee-federal.com)

CHEROKEE NATION MANAGEMENT & CONSULTING LLC
SBLO (SMALL BUSINESS LIAISON OFFICE) INFO /
LINK TO REGISTER AS SMALL BUSINESS VENDOR:
https://cherokee-federal.com/contact

#2 - VERA INSTITUTE OF JUSTICE
http://www.vera.org/

VERA INSTITUTE OF JUSTICE
https://www.vera.org/get-involved/partner-with-vera

Subcontract awarded

#3 - DEPLOYED SERVICES LLC
https://www.deployedservices.com/

DEPLOYED SERVICES LLC
https://www.deployedservices.com/contact-us/

#4 - BWI/TPC, A JOINT VENTURE
https://opengovus.com/sam-entity/YNXXPM173W74

BWI/TPC, A JOINT VENTURE
https://www.tutorperini.com/subcontractors/

#5 - NW CONSTRUCTION INC
https://www.nwconstruction.us/

NW CONSTRUCTION INC
https://www.nwconstruction.us/contact-us

MARKETING BEST PRACTICES

MARKETING BEST PRACTICES
1 – Know your Customer (Department and Primes) BEFORE you engage! Do your homework!
2 – Register on the Prime’s website as a Small Business Vendor. Ensure your information is complete and
accurate and matches your SAM registration.
3 – Connect on Linkedin with the key players and follow the company to stay abreast of news and relevant
information. Sign up for Google alerts.
4 – Attend events and join associations where the company is active.
5 - Provide value - bring an opportunity and a custom Capability Statement geared to an Opportunity

Reference - Department of the Interior FAR
Supplement
https://youtu.be/CXactf07n24
Subcontracting – LEGAL PERSPECTIVE

Subcontracting – LEGAL PERSPECTIVE
Andrew Crawford
Brown Rudnick LLP

1 – Know your subcontract!!
• Know the statement of work, documents that are incorporated by
reference, delivery and other requirements for successful
performance.
• Know your rights as a subcontractor.
• Make sure terms are reduced to writing.
Sub-Contracting – LEGAL Best Practices

2 – Know your ability to negotiate with prime contractors
• Mandatory vs optional flow-down clauses
• Standard terms/conditions

3 – Beware of the False Claims Act
• FCA reaches subcontractors
• Broad view the government can take as to FCA violations under
Universal Health Servs. v. United States ex rel. Escobar and other
cases (i.e. the “implied certification theory” of liability).

4 – Importance of disclosure and communication
• FAR 52.203-13 – requires timely disclosure, in writing, to the agency
OIG, with a copy to the Contracting Officer, whenever a contractor or
subcontractor has credible evidence of a violation of Federal criminal
law involving fraud, conflict of interest, bribery, or gratuity violations
found in Title 18 U.S.C. or a violation of the civil False Claims Act ( 31
U.S.C. 3729-3733).
• OIGs in general value self-disclosure.

5– Know and understand the FAR or DIAR clauses incorporated into your
subcontract
• Understand what they say.
• Risk of noncompliance is on the subcontractor.

• Federal Acquisition Regulation (FAR) – applicable to (nearly) all U.S.
government agencies.
• Individual agencies also have supplements to the FAR.
o Department of the Interior Acquisition Regulation (DIAR) – specific
to Department of Interior procurements.
W
FAR Flow Down Clauses - What To Know

Mandatory vs. optional flow-downs
Mandatory
• Some clauses required to be flowed down to all subcontracts.
• Some clauses required to be flowed down if certain parameters are met (for
example, subcontracts worth over $10,000).
• Express v. “implied” flow downs
• Express: language in the clause says “The contractor must incorporate the
substance of this clause in all subcontracts…”
• Implied: clauses that need to be included to meet contract requirements.
Language in the clause says “led paint shall not be used in performance of any
subcontract.”
W
“

Mandatory vs. optional flow-downs
Optional
• No requirement for prime contractors to flow down these clauses to subcontracts.
• However, prime contractors often will flow-down all or many clauses from the
prime contract.
• Shift liability
• Administrative ease
• Remember best practice: there can be room for negotiation on optional flow-
downs.
W

Department of the Interior Acquisition Regulation (DIAR)
• Available at: https://www.acquisition.gov/diar
• PART 1452 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES
W

DIAR clauses
• 1452.215-71 – Section (b) – if your proposal contains trade secrets, make sure it is
appropriately marked.
• 1452.236-70 – prohibition on led-based paint.
• 1452.280-3 – mandatory flow down for all subcontracts for supplies, general
services, A-E services, and construction subcontractors.
• Relates to subcontracting under the Buy Indian Act, which provides that certain
agencies can award contracts to Indian-owned businesses without using
standard competitive procedures.
W

THANK YOU FOR ATTENDING
THANK YOU TO OUR SPEAKERS
Andrew Crawford
Leila Salim
lsalim@govspend.com

SubContracting Opportunities - Department Of the Interior

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