Can you perform a GSA contract as an 8(a) entity?

Yes. FAR 8.405-5(a)(1) expressly states that agencies may set aside orders and BPAs for any of the small business concerns identified in 19.000(a)(3). Under the Interim rule, an agency set aside Schedule order and/or Blanket Purchases Agreements (BPA) for any of the socioeconomic programs, (e.g., service disabled veteran owned, women-owned, and Historically Underutilized Business Zone (HUBZone) small business concerns is allowed.

Stover & Associates, Inc. offers a GSA Contracting Online Workshop as part of the SBA Small business Series.  Please check our Event Catalog for additional information.

What does CICA stand for?

The Competition in Contracting Act (CICA) generally governs competition in federal procurement contracting.  Full and open competition under CICA also encompasses full and open competition after exclusion of sources, such as results when agencies engage in dual sourcing or set aside acquisitions for small businesses.

Does a subcontractor need to be aware of your 8(a) status?

Generally speaking, if you are considering entering into a teaming arrangement, full disclosure of your status would be recommended.  This would be a subject that you would discuss while vetting any potential partner.

Is there a website that would indicate a contractor’s performance on a government contract?

Please reference FAR Part 42 – Contract Administration and Auditing Services. This part provides directions and guidance to Federal contracting Officers on the procedures to prepare, collect and validate past performance.

The Contractor Performance Assessment Reporting System is a web-enabled system with electronic workflow that reports Contractor performance. CPARS reports are transmitted to the Past Performance Information Retrieval System (PPIRS) which provides timely and relevant information on Contractor performance for use in source selection. CPARS includes the Federal Awardee Performance and Integrity Information System (FAPIIS) which is a database reporting on terminations for cause or default, defective cost and pricing data, and determinations of non-responsibility. FAPIIS records are created using the FAPIIS module located in CPARS and completed records are then transmitted to PPIRS where they are used to support future acquisitions.

If you have been awarded a federal contract, you have two ways of reviewing your past performance.  You may use your Marketing Partner Identification Number (MPIN) which is a personal code that your company selects and is registered into the System for Award Management (SAM). Using that number, you may login into PPIRS and read what was written about your performance. The second option is that you will receive a notification from the contracting officer stating that you may review the required Contractor Performance Report.

 –Donna Gaillard, Phyllis Embree

These questions were asked during a recent “Developing and Managing Contractor Teams” Workshop.

Can you explain the use of “unpopulated” and “populated” Joint Ventures?

Please reference http://www.law.cornell.edu/cfr/text/13/124.513 for additional details.

Excerpts from the reference.

“Contents of joint venture agreement.” Every joint venture agreement to perform an 8(a) contract, including those between mentors and protégés authorized by § 124.520, must contain a provision:

(2) Designating an 8(a) Participant as the managing venturer of the joint venture. In an unpopulated joint venture or a joint venture populated only with administrative personnel, the joint venture must designate an employee of the 8(a) managing venturer as the project manager responsible for performance of the contract. In a joint venture populated with individuals intended to perform any contracts awarded to the joint venture, the joint venture must otherwise demonstrate that performance of the contract is controlled by the 8(a) managing venturer.

(3) Stating that with respect to a separate legal entity joint venture the 8(a) Participant(s) must own at least 51% of the joint venture entity.

(4) Stating that the 8(a) Participant(s) must receive profits from the joint venture commensurate with the work performed by the 8(a) Participant(s), or in the case of a populated separate legal entity joint venture commensurate with their ownership interests in the joint venture.

(d) Performance of work.

(1) For any 8(a) contract, including those between mentors and protégés authorized by § 124.520, the joint venture must perform the applicable percentage of work required by § 124.510. For an unpopulated joint venture or a joint venture populated only with one or more administrative personnel, the 8(a) partner(s) to the joint venture must perform at least 40% of the work performed by the joint venture. The work performed by 8(a) partners to a joint venture must be more than administrative or ministerial functions so that they gain substantive experience. For a joint venture populated with individuals intended to perform contracts awarded to the joint venture, each 8(a) Participant to the joint venture must demonstrate what it will gain from performance of the contract and how such performance will assist in its business development.

(2)

(i) In an unpopulated joint venture, where both the 8(a) and non-8(a) partners are technically subcontractors, the amount of work done by the partners will be aggregated and the work done by the 8(a) partner(s) must be at least 40% of the total done by all partners. In determining the amount of work done by a non-8(a) partner, all work done by the non-8(a) partner and any of its affiliates at any subcontracting tier will be counted.

(ii) In a populated joint venture, a non-8(a) joint venture partner, or any of its affiliates, may not act as a subcontractor to the joint venture awardee, or to any other subcontractor of the joint venture, unless the AA/BD determines that other potential subcontractors are not available, or the joint venture is populated only with administrative personnel.

(A)    If a non-8(a) joint venture partner seeks to do more work, the additional work must generally be done through the joint venture, which would require the 8(a) partner(s) to the joint venture to also do additional work to meet the 40% requirement set forth in paragraph (d)(1) of this section.

(B)    If a joint venture is populated only with administrative personnel, the joint venture may subcontract performance to a non-8(a) joint venture partner provided it also subcontracts work to the 8(a) partner(s) in an amount sufficient to meet the 40% requirement. The amount of work done by the partners will be aggregated and the work done by the 8(a) partner(s) must be at least 40% of the total done by all partners. In determining the amount of work done by a non-8(a) partner, all work done by the non-8(a) partner and any of its affiliates at any subcontracting tier will be counted.

— Donna Gaillard/Phyllis Embree

What is the best way to find federal contract for engineering product design? I’m doing FedBizOpps and MyBidmatch, but they don’t seem to key in on those contracts. Is there another avenue the military and other government agencies use for their product design procurement?

You’re right about not finding much in the way of opportunities on FedBiz or MyBidmatch for your industry group.  Many Federal clients will use IDIQ contracts, Task Order contracts or other contract vehicles to acquire services in your industry.  In addition, I suspect that the acquisition process is more dispersed to the local level, as opposed to a centralized acquisition process driven by the agency in DC.  What you may want to do is take your search local, looking at individual Federal facilities web sites in your state/region.  I would also suggest you get plugged into your nearest SBA office and PTAC to see if they can provide some additional advice on narrowing down your search.  Hope this helps!

–Jim Dickensheets