Give Me 5: Navigating the SAM Registration Process by Understanding Key FAR Provisions

Transcription

1 Thank You for Joining Us, The Webinar Will Begin Shortly Give Me 5: Navigating the SAM Registration Process by Understanding Key FAR Provisions While you are waiting please check out the Upcoming Webinars on

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3 Give Me 5: Navigating the SAM Registration Process by Understanding Key FAR Provisions Wednesday, March 11, PM EST / 1PM CT / 11AM PT Patricia Meagher pmeagher@rjo.com Oliya Zamaray ozamaray@rjo.com Rogers Joseph O Donnell

4 Women Impacting Public Policy (WIPP) is a nonprofit, membership organization working to increase the economic power and public policy clout of women entrepreneurs by providing essential business skills education, leadership opportunities for business and personal growth, and a seat at the table among policymakers in Washington, D.C. WIPP was founded in 2001 and is recognized as a national, nonpartisan voice for women business owners, advocating on behalf of its coalition of 4.7 million businesswomen including 78 business organizations. WIPP identifies important trends and opportunities and provides a collaborative model for the public and private sectors to advance the economic empowerment of women.

5 Give Me 5 National program from WIPP & American Express OPEN designed to educate women business owners on how to apply for and secure federal procurement opportunities. Give Me 5 works to increase the representation of Women Business Owners that win government contracts. We provide accessible business education tools to assist both new and experienced federal contractors. Women Business Owners could gain more than $4 billion in annual revenues if the 5% contracting goal set by Congress was reached.

6 Give Me 5: Navigating the SAM Registration Process by Understanding Key FAR Provisions Wednesday, March 11, PM EST / 1PM CT / 11AM PT Patricia Meagher pmeagher@rjo.com Oliya Zamaray ozamaray@rjo.com Rogers Joseph O Donnell

7 Introduction Journey as a federal contractor begins when you set up your business in the System for Award Management (SAM). Registrants immediately encounter complex questions based on the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). These questions require current, accurate, and complete responses. Responses to these provisions will make up your company profile. To help you provide accurate representations and certifications, this webinar addresses the key FAR provisions you will encounter. Participants will take away practical information about SAM s registration process, including user-friendly guidance on SAM s FAR and DFARS based questions. 6

8 Agenda Introduction to SAM Bird s eye view of SAM registration process Analysis of key FAR and DFARS provisions cited in SAM registration process

9 Introduction to SAM & SAM Registration Process System for Award Management ( Register an entity (business, individual, or government agency) to do business with the Federal Government. Update an existing entity s information. All entity records from CCR/FedReg and ORCA and exclusion records from EPLS, active or expired, were moved to SAM. The overarching benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability. 8

10 Analysis of Key FAR and DFARS Provisions in SAM Registration Process Numerous FAR and DFARS provisions are cited as basis for information sought. FAR clauses can be found at: DFARS clauses can be found at: ap/dars/dfarspgi/current/. 9

11 Analysis of Key FAR and DFARS Provisions in SAM Registration Process We will cover 9 key categories of FAR and DFARS clauses Complex and commonly misunderstood Cover practical meaning and application Address how to avoid pitfalls 10

12 1. Offeror Representations & Certifications FAR : Offeror Representations and Certifications-Commercial Items Overview: Prescribed by FAR (b)(2) (Commercial Item Acquisition). Provides a consolidated list of representations and certifications for the acquisition of commercial items. This FAR clause is cited as the basis for a numerous registration questions; SAM users must understand this clause inside out. 11

13 1. Offeror Representations & Certifications a) Definitions. Defines terms including Economically disadvantaged women-owned small business concern, immediate owner, veteran-owned small business concern, and place of manufacture. b) Annual Representations and Certifications. Requires offerors to complete SAM representations and certifications annually. c) Preferential Status. Offerors check all of the preferential status categories for which they qualify (refer to definitions in (a) to be certain). d) Executive Order Certify to Equal Opportunity and Affirmative Action compliance. 12

14 1. Offeror Representations & Certifications e) No Lobbying With Federal Money. Certify that no Federal appropriated funds are / will be used to influence a government person in connection with the award of any contract. f) Buy American. Applies only if corresponding FAR clause is in solicitation; certify that all end products are domestic or COTS. Foreign end products must be listed. g) Buy American - Free Trade Agreements - Israeli Trade Act Certificate. Applies only if corresponding FAR clause is in solicitation; certify that all end products are domestic, or COTS, or Free Trade Agreement Country end products. Foreign end products must be listed. h) Certification Regarding Responsibility Matters. Certify you are not debarred; suspended; declared ineligible for award. In past 3 years, has not been convicted of contract fraud or criminal offense, and no delinquent Federal taxes (>$3,000) which remain unsatisfied. 13

15 1. Offeror Representations & Certifications i) Knowledge of Child Labor for Listed End Products. The CO will list end products being acquired that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor. Certify you will not provide any such end product, or will provide the end product after making good faith effort to confirm forced child labor was not used to manufacture the product. j) Place of Manufacture. For statistical purposes, indicate whether the place of manufacture is predominantly CONUS or OCONUS. k) Exemption from Service Contract Labor Standards. The Secretary of Labor has exempted from the Service Contract Labor Standards statute contracts for (i) maintenance, calibration, or repair of equipment described in FAR (c)(1) and (ii) certain services as described in FAR (d)(1). Certify that services are regularly sold commercially, at market/catalog prices, and worker compensation will be as it is for commercial customers. Contractor certification also constitutes certification by subcontractor, if it subcontracts out the exempt services. l) Taxpayer Identification Number. Tax and various entity information required to comply with debt collection requirements and IRS regulations. 14

16 1. Offeror Representations & Certifications m) Restricted Business Operations in Sudan. Certify that you do not conduct any restricted business operations in Sudan (refer to definition in (a)). n) Prohibition on Contracting with Inverted Domestic Corporations. Offeror certifies that it is not an inverted domestic corporation and is not a subsidiary of an inverted domestic corporation (refer to definition in (a)). o) Prohibition on Certain Activities or Transactions Relating to Iran. Certify you do not engage in transactions or export any sensitive technology to the government of Iran or any entities or individuals controlled by the government of Iran. p) Ownership or Control of Offeror. If offeror has an immediate owner (i.e., a joint venture), certain information is required about the owner entity. 15

17 1. Offeror Representations & Certifications Tying the Clause to the Questions: FAR is the basis for 21 SAM registration questions. Question 6 asks if you are owned or controlled by a common parent that files its Federal Income Tax returns on a consolidated basis. If you answer Yes, you will be asked to provide the Company Name and TIN number. Question 10 asks whether within the past three years your entity has been terminated for default. Question 21 asks whether you deliver foreign (nondomestic) end products to the Government that. 16

18 2. Small Business Size Status FAR : Small Business Program Representations Prescribed by FAR (a)(1) for contracts above micro-purchase threshold. FAR : Small Disadvantaged Business Status Prescribed by FAR (b) Overview: Certification as to size status must be current, accurate, and complete to avoid serious consequences (FCA liability)

19 2. Small Business Size Status Know the North American Industry Classification System (NAICS) code and size standard for the acquisition Represent whether offeror is a: small business concern small disadvantaged business concern women-owned small business concern Veteran-owned small business concern Service-disabled veteran-owned small business concern HUBZone small business concern Joint venture Misrepresenting a firm s status in order to obtain a contract to be awarded under an SBA preference program, shall Be punished by imposition of fine, imprisonment, or both; Be subject to suspension and debarment; and Be ineligible for participation in programs conducted under the authority of the Act.

20 2. Small Business Size Status Tying the Clause to the Questions These FAR clauses are cited as the basis for 4 SAM registration questions. Question 11 If you are registering as a joint venture, list the name of any HUBZone businesses participating with your entity. Question 13 If you are registering as Joint Venture Women Owned Small Business, list the name of the company participating in the Joint Venture with you. Question 17 asks if your entity is a Small Disadvantaged Business (SDB) Concern. SAM will indicate whether or not you have to answer this question based on the size metrics you entered. 19

21 3. Responsibility FAR : Certification Regarding Responsibility Matters Prescribed by FAR for acquisitions above the simplified acquisition threshold. Similar to FAR (h) which requires certification regarding responsibility matters. Suspension / debarment issues; exclusion record.

22 3. Responsibility Offeror certifies whether it or any of its Principals: Are presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. Have, within past 3 years, been convicted of fraud or criminal offense in connection with a government contract or tax offenses Have, within past 3 years, been delinquent paying taxes exceeding $3,000 for which liability remains unsatisfied Offeror must provide immediate written notice if its certification was erroneous or has become erroneous by reason of changed circumstances If any of these provisions exist, will not necessarily result in withholding of an award; the certification will be considered in connection with a determination of the Offeror s responsibility.

23 3. Responsibility Tying the Clause to the Questions Question 7 asks if your entity or any of its principals are currently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency. Question 8 is divided into two parts. In the past 3 years, has your entity, or any principals, been convicted of: fraud or criminal offense in connection with a federal, state, or local contract or subcontract; embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating federal criminal tax laws, or receiving stolen property? In the past 3 years, has your entity been notified of any delinquent federal taxes (in excess of $3,000) for which liability remains unsatisfied. 22

24 4. Tax ID FAR : Taxpayer Identification Prescribed by FAR for acquisitions not conducted under FAR Part 12. Similar to FAR (m), which requires tax and various entity information to comply with debt collection requirements and IRS regulations. Tax Identification Number (TIN) may be used by the Government to collect and report on any delinquent amounts arising out of the offeror s relationship with the Government

25 4. Tax ID Know your TIN Know your organization. Sole proprietorship; Partnership; Corporate entity (not tax-exempt); Corporate entity (tax-exempt); Government entity (Federal, State, or local); Foreign government; International organization per 26 CFR ; Know your common parent (as defined in (a) of this provision).

26 4. Tax ID Tying the Clause to the Questions Question 3 will be prefilled with the TIN you entered earlier. If a TIN was not required for your entity, the system will prefill that as a response. NOTE: FAR explains that a TIN is not be required if: TIN is not required because: Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; Offeror is an agency or instrumentality of a foreign government; Offeror is an agency or instrumentality of the Federal Government. 25

27 5. Trade Agreements & Domestic Preferences FAR : Buy American Certificate FAR : Buy American-Free Trade Agreements- Israeli Trade Act Certificate FAR : Trade Agreements Certificate DFARS : Buy American - Balance of Payments Program Certificate DFARS : Trade Agreements Certificate DFARS : Buy American - Free Trade Agreements - Balance of Payments Program Certificate. DFARS : Representation of extent of transportation by sea

28 5. Trade Agreements & Domestic Preferences Overview: Buy American, Trade Agreements, and domestic preference issues generally. Require you to certify that each end product is a domestic end product, or a product of a designated country, or Free Trade Agreement country end products, or qualifying country end products. Requires you to list foreign end products. These will be end products that are not COTS items and do not meet the definition of domestic end product. State whether transportation of supplies by sea is anticipated under the resultant contract.

29 5. Trade Agreements & Domestic Preferences Tying the Clause to the Questions Question 21 asks whether there are any end products delivered to the Government by your entity that are foreign (non-domestic) end products. 28

30 6. Compliance Reports FAR : Previous Contracts and Compliance Reports Prescribed by FAR (a)(2) when a contract will include FAR (Equal Opportunity)

31 6. Compliance Reports The offeror represents: Whether it has participated in a previous contract or subcontract subject to the Equal Opportunity clause; Whether it has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

32 6. Compliance Reports Tying the Clause to the Questions Question 20 asks whether your entity has held previous contracts/subcontracts subject to FAR (Equal Opportunity). Question 22 asks whether your entity has filed all required Equal Employment Opportunity compliance reports. 31

33 7. Intellectual Property & Data Rights FAR : Representation of Limited Rights Data and Restricted Computer Software Prescribed by FAR (c), in any solicitation containing FAR (Rights in Data-General). Included when the CO wants to have an offeror state whether limited rights data or restricted computer software are likely to be used in meeting the data delivery requirements in the solicitation. Data rights questions are a common pitfall!

34 7. Intellectual Property & Data Rights Offeror represents that it has reviewed the requirements for the delivery of technical data or computer software and states whether: None of the data proposed qualifies as limited rights data or restricted computer software; or Data does qualify as limited rights data or restricted computer software, and are identified. NOTE: identification of limited rights data or restricted computer software in the offeror s response is not determinative of the status of the data!

35 7. Intellectual Property & Data Rights Tying the Clause to the Questions Question 15 asks if your entity provides any data to the government that qualifies as limited rights data or restricted computer software. 34

36 8. Service Contract Act FAR : Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification Prescribed by FAR (e)(1)0 For acquisitions which may be exempt from the Service Contract Act of 1965 in accordance with FAR (c). In contracts for maintenance, calibration or repair of IT, scientific and medical equipment. FAR : Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Certification Prescribed by FAR (e)(3) For acquisitions which may be exempt from the Service Contract Act of 1965 in accordance with FAR (d)(1) in certain service contracts, including Automobile or other vehicle maintenance Financial services Hotel/motel services for conferences

37 8. Service Contract Act Similar to FAR (l), which deals with exemption from Service Contract Labor Standards. SCA requirements are complex; if claiming exemption, must be certain!

38 8. Service Contract Act Tying the Clause to the Questions Question 24 asks whether your entity provides maintenance, calibration, and/or repair of information technology, scientific and medical and/or office and business equipment. Question 25 asks whether your entity provides services as described in FAR (d)(1). 37

39 9. Affirmative Action FAR : Affirmative Action Compliance Prescribed by FAR (d) The offeror represents whether: It has developed and has on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor; or It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

40 9. Affirmative Action Tying the Clause to the Questions Question 23 asks you to choose the statement that best applies to your entity s affirmative action programs: You ve developed and have on file affirmative action programs required by Secretary of Labor Regulations You do not have developed and do not have on file affirmative action programs required by Secretary of Labor Regulations You have not had previous contracts subject to written affirmative action program requirements from Secretary of Labor Regulations. 39

41 Questions? Patricia A. Meagher (415) Oliya S. Zamaray (202)

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