Hello from Native PTAC! Have a Safe and Happy Thanksgiving! Native PTAC Sponsored Classes and Events Mark your calendars! Find out more details on our calendar at www.NativePTAC.org November 5, 2014, Grande Ronde, OR 9:00 am to 3:00 pm Introduction to Government Contracting November 5, 2014, Nespelem, WA 1:30 pm to 3:30 pm Introduction to Government Contracting November 20, 2014, Federal Way, WA 10 am to 12:00 pm Meet the Prime - Doyon Government Group November 20, 2014. Bremerton, WA 10:00 am to 3:00 pm Business Counselors Available December 9, 2014, Juneau, AK 8:30 am – 4:00 pm Economic Development Summit December 10, 2014, Juneau, AK 10:00 am to 3:00 pm Business Counselors Available December 11, 2014, Tacoma, WA 1:00 pm to 3:00pm Washington State OMWBE Certification We are always open to new topic ideas, we'd love to hear your suggestions! Drop us a line at [email protected] Conferences and Events Native PTAC will be attending November 10 -13, 2014 NACA Conference and Expo, Palm Springs, CA November 19 -20, 2014 Alaska Resource Development Council Annual Conference, AK January 23, 2014 WA OMWBE Let’s Get Certified Gala Reception, Tacoma, WA February 3-4, 2015 National 8(a) Winter Conference, Orlando, FL February 25-26, 2015 Idaho PTAC Alliance, Boise, ID March 5, 2015 Alliance Northwest, Puyallup, WA April 15-15, 2015 Bridging Partnerships, Pasco, WA Want to post your event to our calendar? Complete the online request Doyon Government Group & Native PTAC invite you to Meet the Prime November 20, 10:00 AM – 12:00 PM 33810 Weyerhaeuser Way S. Federal Way, WA 98001 Doyon Government Group (DGG) is a subsidiary of Doyon, Limited, an Alaskan Native Corporation (ANC). DGG is looking to meet their goal in hiring small and disadvantaged businesses. Come meet with DGG staff and learn about upcoming projects and opportunities! Register HERE Kitsap Native PTAC One to One counseling sessions November 20, 2014 Would to like to meet with us in person? To schedule an appointment, please contact Native PTAC: [email protected] 206-816-6596 Central Council of the Tlingit and Haida Indian Tribes of Alaska & Native PTAC Present: Economic Development Summit December 9, 2014 8:30 AM – 4:00 PM Vocational Training & Resource Center, 3239 Hospital Drive, Juneau, Alaska 99801 We are excited to offer a full day of presentations and networking opportunities for developing and established Alaskan businesses. Representatives from the US Forest Service, Alaska Fish and Game, Alaska General Services, US National Park Service, Tunista, Sealaska, and GSA have been invited to present. Register HERE Juneau Native PTAC One to One counseling sessions December 10, 2014 Would to like to meet with us in person? To schedule an appointment, please contact Native PTAC: [email protected] 206-816-6596 Apply for an Export Voucher - Up to $5,000 for your exporting needs The Washington State Department of Commerce’s Export Voucher program, funded in part by the U.S. Small Business Administration’s (SBA) State Trade and Export Promotion grant, offers qualified companies new to exporting or expanding into new export markets up to $5,000 for export-related expenses (a minimum 25% cash match is required). Application: To apply for a voucher, please refer to the Export Voucher Program Guidelines and the Export Voucher Program Application. For additional details, click here for online information about the program, or contact: Julie Monahan STEP Export Voucher Program Business Development Manager, WA State Department of Commerce ExportWashington.com 2001 Sixth Avenue, Suite 2600, Seattle, WA 98121 Phone: 206-256-6147 FAX: 206-256-6158 [email protected] Tips from Contracting Officers Here at Native PTAC, we stress the importance of fostering good relationships and lines of communications with those you would like to do business with. For a while now, we’ve been unscientifically poling contracting officers and small business liaison officers for advice they’d like to give to small businesses (or large, for that matter!) seeking to do work with government agencies. Dos: Understand changes must be made in Read Everything Carefully appendices Be on time or Be Early Understand that what you offer and what they Don't give up need may not be the same Update Templates Be careful copying and pasting from other Ask questions proposals Understand the Master Contractors List Be familiar with Word and Excel Don’ts: Respond to solicitations or attend meeting with no research on the agency or project Lead with your Certifications and Set Asides Poorly Prepared Capability Statement Incomplete or Late proposals Name Dropping Acting unprofessional (sarcastic/abusive) Chewing or eating on the phone Unprofessional Appearance Unannounced visits Not thanking them for their time Attempt to change or add to Terms and Conditions ‘Tis the season to plan! The beginning of the federal fiscal year can be quiet on the procurement front. Take the opportunity to explore upcoming solicitations and research your clients’ needs. It is important to know what is coming down the line in government procurement to position your company to respond. The solicitation is the end of the long process of procurement. Forecasts are available to show what, how and when agencies are planning procurements for the upcoming fiscal year. Most forecasts can easily be found at: http://acquisition.gov/COMP/procurement_forecasts/index.html. Some agencies and entities will host information sessions to answer questions. Joint base Lewis – McChord is hosting one of these events Nov 20th – find out more. PTACs are often alerted to the release of forecasts to help ensure that small businesses have the opportunity to participate in the procurement. GSA 2015 forecast. Use this year’s downtime to find procurement opportunities for your business! Ten Things to Remember About Debriefings By Eric Whytsell, Attorney with the Government Contracts Group of Jackson Kelly, PLLC With the end of the government’s fiscal year comes a rash of contract awards, which means that many contractors are experiencing either “the thrill of victory” or “the agony of defeat”. Regardless of which emotion they are feeling, however, contractors should remember several key things about debriefings: 1. They’re Not Just for Disappointed Offerors. When contractors learn someone else has been selected for award, they naturally ask for a debriefing to learn as much as possible about the basis for the decision so they can assess whether grounds for a protest exist. But even winning contractors can benefit greatly from meeting with their customer to learn what they did right and what they could have done better. In addition, and perhaps more importantly, a debriefing may provide useful information about the disappointed offeror(s) that, if they decide to protest at GAO, will likely only be available to attorneys under a protective order. You owe it to yourself to always request a debriefing, win or lose. 2. Don’t Delay -- You Only Have 3 Calendar Days to Make Your Request. Receiving a notice of award (win or lose) or notification of exclusion from the competitive range or competition generally means a written request for a debriefing must be filed within 3 calendar days. An e- mail is sufficient. While many contractors routinely fire off a debriefing request immediately upon receipt of award notification, the better practice is to take time to carefully consider the timing and contents of the request before submitting it. 3. You May Not Be Entitled to a Debriefing, Strictly Speaking. The “full” debriefing provided in FAR Part 15 negotiated procurements are not required in every procurement context. While other competitive procedures (e.g. FAA’s Acquisition Management System) may provide for debriefings similar to those under FAR 15.505 and 15.506, other procurement schemes entitle offerors to significantly less information concerning the evaluation and award decision. For example, FAR 8.405-2 only provides “a brief explanation of the basis for the award decision” in connection with the federal supply schedule. It’s always important to be aware of the parameters of the debriefing provided by law, but contractors should not be afraid to ask for the information they want. After all, the worst agency personnel can do is say, “No.” And they may respond with more than the standard disclosure. 4. Specify the Type of Debriefing You Want – What You Get Can Be Important. Agencies have a great deal of discretion in deciding the nature and timing of the debriefing they provide, but contractors can and should try to influence that decision. At the very least, a debriefing request should specify the type of debriefing desired (inperson, by phone, written) and take steps to make it easy for the agency to provide it. Contractors often favor an in-person debriefing because that format allows participants to observe body language and facial expressions, which makes it easier for both sides to engage in a meaningful discussion. If that’s what’s desired, the request should provide dates and times (as many as possible) when the contractor’s team will be available to meet at the agency’s office. If the in-person option involves too much travel and a telephonic debriefing is sought instead, available dates and times should still be provided. In general, debriefings by phone (which still provide at least a theoretical opportunity for dialog) are preferable to written debriefings (which generally don’t). 5. The Agency Is Supposed to Conduct the Debriefing within 5 days (but Don’t Count on It). FAR 15.506(a)(2) provides that, “to the maximum extent practicable, the debriefing should occur within 5 days after receipt of the written request.” Of course, all sorts of things can -- and often do -- cause an agency to conduct a debriefing more than 5 days after the request is received. That is not necessarily a bad thing: an in-person meeting with the agency in 10 days is almost always preferable to a written debriefing in half the time. Contractors who are willing to wait for a more substantive debriefing should make sure to let the agency know that. 6. When Scheduling a Debriefing, Be Careful about the Timing. Because the date of the debriefing defines the protest deadline, the timing of the debriefing can be critical. Unfortunately, it is also too often overlooked. Contractors who send their request and ask for the earliest possible debriefing without consulting the calendar may find themselves with very little time to prepare any protest they decide to file based on what they learn at the debriefing. This is particularly true with respect to protests before the GAO in which an automatic stay is sought, which must be filed at the GAO the day before the deadline so that GAO personnel can timely notify the agency of the stay. 7. Prepare the Questions You Want Answered. Regardless of the kind of debriefing to be provided, contractors must determine the specific questions they want to have answered. Sometimes agencies require (or allow) such questions to be submitted beforehand. Either way, developing questions is vital to a successful debriefing. Lack of preparation in this context means the loss of any chance of control or influence. If a written debriefing is expected, contractors should consider posing questions in their debriefing request or reserving the right to submit them later. In the event of a written debriefing under FAR Part 15, contractors may want to argue to the agency that the debriefing is not complete until the agency provides “reasonable responses to relevant questions” about whether it followed applicable procurement guidance (one of the required elements of a debriefing, which is often not fulfilled by written debriefings). 8. If You Don’t Ask, You Certainly Won’t Get an Answer. Contractors should not be afraid to raise the issues they want to learn about, but they should generally stay away from questions that clearly fall within the types of information expressly excluded from debriefings (e.g. point-by- point comparisons, trade secrets, etc.). However, most other questions can be articulated so that they at least arguably fall within the “reasonable responses to relevant questions” category of inquiries. So long as those questions are posed in a respectful, non-accusatory way, there’s usually not much downside to raising them. 9. Put the Hard Questions at the End. Sometimes the sequencing of questions is as important as the questions themselves. When choosing the topics to cover during a debriefing, contractors should identify the questions that the agency may perceive as inappropriate and confirm that it really does make sense to ask them – or at least to have them in reserve. If it does, consider if those questions can be rephrased to make them less objectionable. If the question or the topic involved is still likely to be perceived by the agency as out-of-bounds, or a personal attack or otherwise problematic, move it to the end of the script. Questions that push the envelope should be reserved for later in the debriefing so they don’t shut down the conversation before it gets started. 10. You Can Get Your Lawyer Involved if You Want. Inviting a lawyer to the debriefing certainly can have the effect of shutting down the discussion, if only because the agency will bring their lawyer too – and some government attorneys are cautious to a fault. However, depending on the circumstances of the specific procurement and the government lawyer in question, the strategy can also have the opposite effect. If the key issues in the award decision relate to legal questions that might be better explored and addressed by attorneys, having both sides lawyered up might be particularly productive. Of course, contractors sometimes want their lawyers there to serve as their spokesman and questioner, believing that the benefits from such an approach outweigh any potential adverse impact on the conversation. And with the right lawyer, such contractors are often right. Native PTAC, 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. Native Procurement Technical Assistance Center [email protected]| www.NativePTAC.org Facebook| Twitter| LinkedIn 5205 S. 2nd AVE, Suite A, Everett, WA 98203 206-816-6596 745 W. 4th AVE, Suite 306 Anchorage, AK 99501-2157 503-490-3774 1101 Broadway, Suite 100, Vancouver, WA 98660 907-268-9941 If you wish to be removed from our email list email [email protected] with REMOVE in the subject line.
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