Government Contracting

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We Earn Our Reputation From The Companies We Keep.®

Issues in Government Contracting

Jim Scott

Greensfelder, Hemker & Gale PC

We Earn Our Reputation From The Companies We Keep.®

Be Careful about What You Ask For:Contracting on Recovery Act Work

Jim Scott

We Earn Our Reputation From The Companies We Keep.®

We Earn Our Reputation From The Companies We Keep.®

Stimulus Bill

“An absolute success.”

Vice President Biden

We Earn Our Reputation From The Companies We Keep.®

It’s Not Too Late to Play

Total Recovery Act Funds

Funds Paid Out

recovery.gov, 5/28/10

$275B

$109B

We Earn Our Reputation From The Companies We Keep.®

It’s Not Too Late to Play

Federal Business OpportunitiesFedBizOpps.Gov

ftp://ftp.fbo.gov/FBORecovery/12000 Current Listings

We Earn Our Reputation From The Companies We Keep.®

Rules of Engagement under ARRA

Register to Play.

Fixed Price “to the maximum extent practicable.”

Know the FAR; know FAR flow-downs.

Ethics and Conduct.

We Earn Our Reputation From The Companies We Keep.®

Register to Play

Central Contractor Registration (CCR)http://www.ccr.gov

Dun & Bradstreet Number (D-U-N-S)http://fedgov.dnb.com/webform/pages/CCRSearch.jsp

On-line Representations & Certifications (ORCA)http://www.bpn.gov

We Earn Our Reputation From The Companies We Keep.®

Where to Find the FAR

http://farsite.hill.af.mil

http://www.arnet.gov/far

We Earn Our Reputation From The Companies We Keep.®

8(a) Design Build Contract for High Performance Green Buildings

GSA Solicitation No. GS-11P-10-YAD-0046

The Contract consists of the SF 1442, the Agreement, the Statement of Work, Specifications, Drawings, Exhibits, and other Attachments identified herein (collectively, the Contract Documents).

We Earn Our Reputation From The Companies We Keep.®

Solicitation, Offer and Award

We Earn Our Reputation From The Companies We Keep.®

GSA Contract Example

SF 1442102 FARS by Reference

22 GSARS by Reference 3 ARRA provisions by Reference 12 Pages of FARS, full text 43 FARS, flow down required 2 GSARS, flow down required

We Earn Our Reputation From The Companies We Keep.®

FAR 52.301 Matrix

We Earn Our Reputation From The Companies We Keep.®

Subcontract for Use on Government Project

CONSENSUSDOCS 752STANDARD SUBCONTRACT AGREEMENT FOR USE ON FEDERAL GOVERNMENT CONSTRUCTION PROJECTS

We Earn Our Reputation From The Companies We Keep.®

FAR Exhibit

CONSENSUSDOCS 752 - FAR PROVISIONS EXHIBITFEDERAL ACQUISITION REGULATION CLAUSES

We Earn Our Reputation From The Companies We Keep.®

52.203-13 Contractor Code of Business Ethics and Conduct

Written Code Prevent, detect, report criminal conduct Promote ethical culture Training Internal Control Hotline Applies where contract exceeds $5M/120 days

We Earn Our Reputation From The Companies We Keep.®

What Makes the Government Contract Different?

The Government is your Client Role of Contracting Officer Extensive Oversight Quarterly Reporting Whistleblower Protection No Arbitration Compliance

We Earn Our Reputation From The Companies We Keep.®

Newest Change in Federal Law

Federal Government Contractors are required to:

n Post notices informing employees about their rights under Federal labor law and

e include provisions in their contracts requiring subcontractors to post the same employee notice.

Effective June 21, 2010

We Earn Our Reputation From The Companies We Keep.®

Thank you.