The Procurement Technical Assistance Center: A Resource for Sourcing

Transcription

1 The Procurement Technical Assistance Center: A Resource for Sourcing Dave Pease, Program Manager New Hampshire Procurement Technical Assistance Program NH Division of Economic Development April 10, 2014

2 The Procurement Technical Assistance Center: A Resource for Sourcing What s a PTAC? Why are there PTACs? Who are they? Where are they? So what?

3 What s a PTAC? A joint program of the Federal and local government Cooperative Agreement 50/50 matching funds* Local agency employees/dual accountability A business assistance program Small business focus, but. Can serve small, other than small & non-profits An economic development program about jobs

4 More about NH-PTAP Federal partner Defense Logistics Agency Part of DoD Operated by DLA Office of Small Business In NH, local partner is State government Division of Economic Development State Employees Elsewhere, local partners include SBDCs, Chambers of Commerce, Quasi-governmental EconDev agencies.

5 Why? US Government is the largest customer in the world Spends ~$2B per business day on contracts for products & services General consensus that small businesses are most Innovative Agile Cost-effective Yet in 1985, Feds did little business with small businesses.

6 Why not? Feds are hard to do business with. Lots of rules. Many thousands of pages of rules. And that s just the FAR, and agency variations Rules change. Often. Rules often are about policy - not to do with business Social/Economic Environmental/Health & Safety Foreign

7 Small Businesses Need Help! Free training on government procurement processes Free assistance with Federal small business programs Free consulting LEVELS THE PLAYING FIELD FOR SMALL BUSINESSES BUT Local partner also cares about large & non-profits State & local government contracts too!

8 Who and Where are PTACs? Find a PTAC - Find a Procurement Technical Assistance Center Click on the map below or select your state above to find the Procurement Technical Assistance Center nearest you.

9 American Indian PTACs

10 So What? 1. If your company does business with the Federal government, or wants to, we can help. 2. If your company sells to a company that does business with the Federal government, you need to understand the implications for you. We can help. 3. If your company does no government business, we can still be a resource in several significant ways.

11 Where PTACs Fit In CEO/President Owner HR Legal/Reg Affairs Finance & Accounting SBLO R&D HS&E Operations QA Engineering Manufacturing L/P/S Facilities Bus Dev Marketing Sales Supply Chain Purchasing

12 Where PTACs Fit In Sales Finding direct and indirect sales opportunities; Understanding government requirements Finding teaming partners Preparing acceptable bids & proposals Marketing Market evaluation magnitude, mechanisms, trends Website & marketing collateral advice Competitive analyses Strategic analyses SBLO/Supply Chain Assist with development of Subcontracting Plans Support sourcing in compliance with Plans Updates on regulatory changes Vendor location Vendor preparation & assistance Materials issues - Legal/Regulatory Affairs Monitor current and impending changes to laws, rules & regulations Knowledgeable sounding board for legal opinions & interpretations Input to Congress and regulators Peripheral regulations ITAR, EAR Finance & Accounting Invoicing protocols Contract Financing Audit concerns Indirect rates Payroll concerns HR Informal networking employee swaps** Labors laws specific to Federal contracts Operations Marking/Labeling, Packaging, Shipping QA & Health, Safety & Environmental Acceptable programs R&D funding Broad Area Announcements, SBIR, STTR

13 So What? 1. If your company does business with the Federal government, or wants to, we can help. 2. If your company sells to a company that does business with the Federal government, you need to understand the implications for you. We can help. 3. If your company does no government business, we can still be a resource in several significant ways.

14 For Government Contractors NH-PTAP can help you identify and understand compliance requirements Reps & Certs Buy American Act (41 U.S.C. 10a); certificates of origin Berry Amendment (10 U.S.C. 2533a) Davis-Bacon, Walsh-Healy, SCA, other labor laws Limitations on Subcontracting 15 U.S.C. 657s; 13 CFR Subcontracting Goals & Reporting Requirements Flowdown Requirements

15 Where are you in the flowdown chain? Purchasing Managers need to know.

16 Flowdown Requirements Flowdown Requirements What s this? As a government contractor, there are obligations that you are contractually required to flow down to your subs and suppliers. Generally, they keep flowing down to all tiers. NEW RULE requires reporting for all tiers. Failure to hold subs accountable for these requirements is a material breach of contract; can lead to debarment and liquidated damages.

17 For Government Contractors (2) Buy American Act 41 U.S.C Passed 1933 Preference for US-made goods Definitions have become problematic as manufacturing is less vertically integrated Subject to many treaties and trade agreements Key take-aways for Purchasing Managers: Know your obligations - not always easy Get & keep certificates of origin Great resource DAU

18 For Government Contractors (3) Berry Amendment (10 U.S.C. 2533a) Passed 1941 Applies to DoD only Restricts sources for Food Clothing Other fiber-based products Hand & measuring tools. Exceptions: (not applicable below SAT); Waivers

19 For Government Contractors (4) Davis-Bacon, Walsh-Healy, SCA, other labor laws Establish fair wage hourly & fringe rates Have recordkeeping & reporting requirements. Serious consequences for non-compliance (see particularly VI. And VII.)

20 Limitations on Subcontracting 15 U.S.C. 657s; 13 CFR Only applies to set-asides for small business, etc. Purpose is to prevent fronts Regulations changed 2/04/2013; changes not reflected in FAR yet. Method of % calculations changed. Similarly situated companies language made universal Penalties added!!!

21 Subcontracting Goals & Reporting Requirements The Small Business Subcontracting Program (FAR 19.7) Applies to contracts >$650,000 ($1.5M construction) Requires a subcontracting plan, unless: Bidder is a small business Personal services contracts Performance outside US YOU must assign NAICS codes to each subcontract Separate percentage goals for SB, HUBZone, SDB, WOSB, SDVOSB reflect agency goals. Reporting via esrs

22 Subcontractors on Federal Contracts 1. If your company does business with the Federal government, or wants to, we can help. 2. If your company sells to a company that does business with the Federal government, you need to understand the implications for you. We can help. 3. If your company does no government business, we can still be a resource in several significant ways.

23 For Government SubContractors It s all about the Flowdowns What s flowed down to you? What must you flow down? What reporting obligations do you acquire? Direct you must report up the chain Indirect you must obtain reports from your subs & suppliers to pass up the chain.

24 For Pure B2B 1. If your company does business with the Federal government, or wants to, we can help. 2. If your company sells to a company that does business with the Federal government, you need to understand the implications for you. We can help. 3. If your company does no government business, we can still be a resource in several significant ways.

25 Sourcing Each PTAC has hundreds of client businesses Our databases are robust & searchable If you need a product or service, we can help you find sources from among our clients. We can do this within our territory, regionally, or nationally. No cost to you; we filter the responses

26 If Your Company has a Vendor Diversity Program Usually parallels government programs Often piggybacks on certifications Sourcing for diversity is in PTACs wheelhouse

27 Market Research Government transparency makes mountains of market information available, for free. All you need to access it is to know what it is, where it is and how to access it. Example: Federal Procurement Data System ( - history of federal buying

28 Neutral Party Our Division of Economic Development can facilitate communications within industries. Finding or outplacing staff Forum for common concerns

29 Other DED Services Regional Specialists Grant Programs Referrals International Trade ITRC Expert assistance, training & referrals Recruitment Team Real estate matters Broadband

30 Thank you! Dave Pease, Program Manager New Hampshire Procurement Technical Assistance Program NH Division of Economic Development (603) NH-PTAP, which serves as a Procurement Technical Assistance Center (PTAC), is funded in part through a cooperative agreement from the Department of Defense (DOD) through a program that is administered by the Defense Logistics Agency (DLA). The content of any written materials or verbal communications of the PTAC does not necessarily reflect the official views of or imply endorsement by DOD or DLA. NH-PTAP is also funded by the NH Department of Resources and Economic Development (DRED), and operates as a program of the Business Resource Center within the Division of Economic Development (DED).