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 www.GiveMe5.com.
Before we begin … just a few notes:
•
During the presentation lines will be muted so only presenters can be heard.
•
While you are listening please also put your phone on mute
•
Do NOT put your phone on hold – please hang up and call back
•
If having trouble viewing the presentation – please close out and log in
using a different browser
•
If your slides are not moving please refresh or log out & then log back in
•
If you have any questions during the presentation, please feel free to enter
them into the discussion box on the bottom left of your screen
Give Me 5: Navigating the SAM
Registration Process by Understanding
Key FAR Provisions
Wednesday, March 11, 2015
2PM EST / 1PM CT / 11AM PT
Patricia Meagher
[email protected]
Oliya Zamaray
[email protected]
Rogers Joseph O’Donnell
www.rjo.com
© ROGERS JOSEPH O’DONNELL,
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.
www.WIPP.org
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.
Give Me 5: Navigating the SAM
Registration Process by Understanding
Key FAR Provisions
Wednesday, March 11, 2015
2PM EST / 1PM CT / 11AM PT
Patricia Meagher
[email protected]
Oliya Zamaray
[email protected]
Rogers Joseph O’Donnell
www.rjo.com
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
6
Agenda
• Introduction to SAM
• Bird’s eye view of SAM
registration process
• Analysis of key FAR and
DFARS provisions cited
in SAM registration
process
© ROGERS JOSEPH O’DONNELL,
Introduction to SAM &
SAM Registration Process
• System for Award Management
(www.sam.gov)
• 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.
© ROGERS JOSEPH O’DONNELL,
The overarching benefits of
SAM include streamlined
and integrated processes,
elimination of data
redundancies, and reduced
costs while providing
improved capability.
8
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:
– www.acquisition.gov
• DFARS clauses can be
found at:
– http://www.acq.osd.mil/dp
ap/dars/dfarspgi/current/.
© ROGERS JOSEPH O’DONNELL,
9
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
© ROGERS JOSEPH O’DONNELL,
10
1. Offeror Representations & Certifications
• FAR 52.212-3: Offeror Representations and
Certifications-Commercial Items
• Overview:
– Prescribed by FAR 12.301(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.
© ROGERS JOSEPH O’DONNELL,
11
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 11246. Certify to Equal Opportunity
and Affirmative Action compliance.
© ROGERS JOSEPH O’DONNELL,
12
1. Offeror Representations & Certifications
e)
f)
g)
h)
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.
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.
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.
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.
© ROGERS JOSEPH O’DONNELL,
13
1. Offeror Representations & Certifications
i)
j)
k)
l)
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.
Place of Manufacture. For statistical purposes, indicate whether the place of
manufacture is predominantly CONUS or OCONUS.
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 22.1003-4(c)(1)
and (ii) certain services as described in FAR 22.1003-4(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.
Taxpayer Identification Number. Tax and various entity information required to
comply with debt collection requirements and IRS regulations.
© ROGERS JOSEPH O’DONNELL,
14
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.
© ROGERS JOSEPH O’DONNELL,
15
1. Offeror Representations & Certifications
Tying the Clause to the Questions:
• FAR 52.212-3 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.
© ROGERS JOSEPH O’DONNELL,
16
2. Small Business Size Status
• FAR 52.219-1: Small Business Program
Representations
– Prescribed by FAR 19.308(a)(1) for contracts
above micro-purchase threshold.
• FAR 52.219-22: Small Disadvantaged
Business Status
– Prescribed by FAR 19.308(b)
• Overview:
– Certification as to size status must be
current, accurate, and complete to avoid
serious consequences (FCA liability)
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
19
3. Responsibility
• FAR 52.209-5: Certification Regarding
Responsibility Matters
– Prescribed by FAR 9.104-6 for acquisitions above
the simplified acquisition threshold.
• Similar to FAR 52.212-3(h) which requires
certification regarding responsibility matters.
• Suspension / debarment issues; exclusion
record.
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
22
4. Tax ID
• FAR 52.204-3: Taxpayer Identification
– Prescribed by FAR 4.905 for acquisitions not
conducted under FAR Part 12.
• Similar to FAR 52.212-3(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
© ROGERS JOSEPH O’DONNELL,
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 1.6049-4;
• Know your common parent (as defined in ¶(a)
of this provision).
© ROGERS JOSEPH O’DONNELL,
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 52.204-3 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.
© ROGERS JOSEPH O’DONNELL,
25
5. Trade Agreements & Domestic
Preferences
• FAR 52.225-2: Buy American Certificate
• FAR 52.225-4: Buy American-Free Trade AgreementsIsraeli Trade Act Certificate
• FAR 52.225-6: Trade Agreements Certificate
• DFARS 252.225-7000: Buy American - Balance of
Payments Program Certificate
• DFARS 252.225-7020: Trade Agreements Certificate
• DFARS 252.225-7035: Buy American - Free Trade
Agreements - Balance of Payments Program Certificate.
• DFARS 252.247-7022: Representation of extent of
transportation by sea
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
28
6. Compliance Reports
• FAR 52.222-22: Previous
Contracts and Compliance
Reports
– Prescribed by FAR
22.810(a)(2) when a contract
will include FAR 52.222-26
(Equal Opportunity)
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
6. Compliance Reports
Tying the Clause to the Questions
• Question 20 asks whether your
entity has held previous
contracts/subcontracts subject
to FAR 52.222-26 (Equal Opportunity).
• Question 22 asks whether your entity has filed
all required Equal Employment Opportunity
compliance reports.
© ROGERS JOSEPH O’DONNELL,
31
7. Intellectual Property & Data Rights
• FAR 52.227-15: Representation of
Limited Rights Data and Restricted
Computer Software
– Prescribed by FAR 27.409(c), in any solicitation
containing FAR 52.227-14 (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!
© ROGERS JOSEPH O’DONNELL,
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!
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
34
8. Service Contract Act
• FAR 52.222-48: Exemption from Application of the Service
Contract Labor Standards to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment-Certification
– Prescribed by FAR 22.1006(e)(1)0
– For acquisitions which may be exempt from the Service Contract Act of 1965 in
accordance with FAR 22.1003-4(c).
– In contracts for maintenance, calibration or repair of IT, scientific and medical
equipment.
• FAR 52.222-52: Exemption from Application of the Service
Contract Labor Standards to Contracts for Certain Services—
Certification
– Prescribed by FAR 22.1006(e)(3)
– For acquisitions which may be exempt from the Service Contract Act of 1965 in
accordance with FAR 22.1003-4(d)(1) in certain service contracts, including
• Automobile or other vehicle maintenance
• Financial services
• Hotel/motel services for conferences
© ROGERS JOSEPH O’DONNELL,
8. Service Contract Act
• Similar to FAR 52.212-3(l), which deals with
exemption from Service Contract Labor
Standards.
• SCA requirements are complex; if claiming
exemption, must be certain!
© ROGERS JOSEPH O’DONNELL,
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 22.10034(d)(1).
© ROGERS JOSEPH O’DONNELL,
37
9. Affirmative Action
• FAR 52.222-25: Affirmative Action Compliance
– Prescribed by FAR 22.810(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.
© ROGERS JOSEPH O’DONNELL,
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.
© ROGERS JOSEPH O’DONNELL,
39
Questions?
Patricia A. Meagher
[email protected]
(415) 956-2828
Oliya S. Zamaray
[email protected]
(202) 777-8953
© ROGERS JOSEPH O’DONNELL,
40
Thank You For Participating
Following this call you will receive links to the podcast
of this session.
For questions, please contact Lin Stuart at
[email protected]
•
•
•
•
Get Involved!
Join a policy issue committee and learn how policy can impact your business growth
Make your voice heard - become a member of our national Instant Impact Advocacy
Team
Participate in our educational series – unlimited opportunities for you and your staff
Receive weekly policy updates and briefings
1-888-488-WIPP
www.wipp.org
Questions? Contact WIPP Staff
Program & Education Coordinator: Lin Stuart▪ [email protected] ▪ (415) 434-4314
Membership Coordinator: Lynn Bunim ▪ [email protected] ▪ (415) 434-4314