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We Earn Our Reputation From The Companies We Keep. ® Issues in Government Contracting Jim Scott Greensfelder, Hemker & Gale PC

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Page 1: Government Contracting

We Earn Our Reputation From The Companies We Keep.®

Issues in Government Contracting

Jim Scott

Greensfelder, Hemker & Gale PC

Page 2: Government Contracting

We Earn Our Reputation From The Companies We Keep.®

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

Jim Scott

Page 3: Government Contracting

We Earn Our Reputation From The Companies We Keep.®

Page 4: Government Contracting

We Earn Our Reputation From The Companies We Keep.®

Stimulus Bill

“An absolute success.”

Vice President Biden

Page 5: Government Contracting

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

Page 6: Government Contracting

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

Page 7: Government Contracting

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.

Page 8: Government Contracting

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

Page 9: Government Contracting

We Earn Our Reputation From The Companies We Keep.®

Where to Find the FAR

http://farsite.hill.af.mil

http://www.arnet.gov/far

Page 10: Government Contracting

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).

Page 11: Government Contracting

We Earn Our Reputation From The Companies We Keep.®

Solicitation, Offer and Award

Page 12: Government Contracting

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

Page 13: Government Contracting

We Earn Our Reputation From The Companies We Keep.®

FAR 52.301 Matrix

Page 14: Government Contracting

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

Page 15: Government Contracting

We Earn Our Reputation From The Companies We Keep.®

FAR Exhibit

CONSENSUSDOCS 752 - FAR PROVISIONS EXHIBITFEDERAL ACQUISITION REGULATION CLAUSES

Page 16: Government Contracting

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

Page 17: Government Contracting

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

Page 18: Government Contracting

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

Page 19: Government Contracting

We Earn Our Reputation From The Companies We Keep.®

Thank you.