Foundational Contracting Training - Intermediate FAR Parts 6 and 8.7: A Simplified, Customer Focused Acquisition Strategy Breakout Session #: B12 Presented by: Wallace Neal Senior Program Manager National Industries for the Blind Dale Cottongim NIB Acquisition SME National Industries for the Blind Date: Monday, July 23 Time: 2:30 3:45 p.m. 1
What We Will Accomplish Discuss FAR Part 6 and Subpart 8.7 Discuss how FAR Part 6 and Subpart 8.7 can benefit you in the acquisition planning process near and long term Discuss how to use FAR Part 6 and Subpart 8.7 Show how you can reduce contracting cycle times through the use of FAR Part 6 and Subpart 8.7 Share some products and services you can acquire under the AbilityOne Program Share other ways the AbilityOne Program can be leveraged to help you and your contractors 2
FAR 8.7; Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled Also known as the AbilityOne Program Mandatory-source program authorized by statute to setaside Federal contracted products and services for performance by individuals who are blind or people with severe disabilities Two Central Nonprofit Agencies in AbilityOne: National Industries for the Blind (NIB) SourceAmerica Administered by the US AbilityOne Commission Employs 45,000+ people who are blind or have significant disabilities, including 3,000 veterans 3
President of the United States U.S. AbilityOne Commission Presidential Appointees DOC DOD Air Force Army Navy DOJ DOL ED GSA USDA VA Citizen Citizen Citizen Citizen Commission Staff Congress (Legal Authority) 41 USC 8501-8506 Nonprofit Agencies Employing People Who Are Blind Nonprofit Agencies Employing People With Severe Disabilities Federal Customers
FAR 6.3: Other Than Full and Open Competition Circumstances permitting other than full and open competition include: Only one responsible source and no other supplies or services will satisfy agency requirements Unusual and compelling urgency Industrial mobilization; engineering, developmental, or research capability; or expert services International agreement National security Public interest Authorized or required by statute 5
FAR 6.302-5 Authorized or required by statute: Full and open competition need not be provided for when (a)(2)(i) A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source; or (a)(2)(ii) The agency s need is for a brand name commercial item for authorized resale 6
FAR 6.302-5 Authorized or required by statute: (b) Application. This authority may be used when statutes, such as the following, expressly authorize or require that acquisition be made from a specified source or through another agency: (2) Qualified nonprofit agencies for the blind or other severely disabled 41 U.S.C. chapter 85, Committee for Purchase From People Who Are Blind or Severely Disabled (see subpart 8.7). 7
FAR 6.302-5 Authorized or required by statute: (c) Limitations. (2) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304, except for (i) Contracts awarded under (a)(2)(ii) or (b)(2) of this subsection; (ii) Contracts awarded under (a)(2)(i) of this subsection when the statute expressly requires that the procurement be made from a specified source. (Justification and approval requirements apply when the statute authorizes, but does not require, that the procurement be made from a specified source) 8
The Procurement List (PL) 8.703 Procurement List The Committee maintains a Procurement List of all supplies and services required to be purchased from AbilityOne participating nonprofit agencies. PL is available on the AbilityOne.gov website: http://www.abilityone.gov/procurement_list/index.html 9
If a product or service is on the PL 8.705-1 General. (a) Ordering offices shall obtain supplies and services on the Procurement List from the central nonprofit agency or its designated AbilityOne participating nonprofit agencies, except that supplies identified on the Procurement List as available from DLA, GSA, or VA supply distribution facilities shall be obtained through DLA, GSA, or VA procedures. 10
If a product is on the PL If on PL, product is mandatory to be purchased through the AbilityOne Program Purchase through variety of channels: GSA Advantage Base Supply Centers AbilityOne.com 500+ Authorized Distributors Federal Agency-specific Contract Vehicles DoD emall 11
For services With few exceptions (e.g., Contract Management Support), all services on the PL are site-specific and therefore must follow the PL addition process Don t try to make suitability determination yourself engage the corresponding Central Nonprofit Agency NIB SourceAmerica 12
If a desired product or service is not on the PL Engage NIB or SourceAmerica to: Determine to set-aside the requirement for the AbilityOne Program part or all of the requirement Furnish a Solicitation, Specs, Performance Work Statement SourceAmerica/NIB Due Diligence Request a Proposal and conduct negotiations NIB/SourceAmerica submit PL package to AbilityOne Commission AbilityOne Commission Approval Award contract 13
If a desired product or service is not on the PL, cont NIB/SourceAmerica reach price-concurrence with customer Submit PL addition package to AbilityOne Commission for review and approval Commission determines: Suitability Impact on small business Fair Market Price 14
The AbilityOne Commission Process Initial public notification for 30 days - Intent to setaside product or service (Federal Register) Committee votes Public notification for 30 days - product or service will be set-aside under the AbilityOne Program (Federal Register) Notice sent announcing the product or service is on the PL Free to make a sole source award IAW FAR 6.3 15
Once it s on the PL Subsequent contracts would be negotiated and awarded as sole source awards IAW FAR 6.3 There is no expiration Low attrition Process improvement Creating employment for people who are blind or have significant disabilities greater economic and personal independence 16
Products You likely already encounter SKILCRAFT products provided under the AbilityOne Program Pens, pencils, markers Tapes and adhesives Mops, brooms, brushes Cleaning chemicals Paints and supplies Tools, tool bags and kits Combat uniforms and other textiles Helmet retention systems and components 17
Services You likely already encounter services provided under the AbilityOne Program. Contract Management Support Services Mailroom Management Janitorial Services Section 508 Services Supply Chain Management and Warehousing Contact Center and Switchboard Services Facilities Management Grounds Maintenance Fleet Management 18
Other Ways to Engage AbilityOne DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (b) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (U.S. AbilityOne Commission) (41 U.S.C. 8502-8504), may be counted toward the Contractor s small business subcontracting goal. 19
Other Ways to Engage AbilityOne DFARS 252.219-7003 Small Business Subcontracting Plan EXAMPLE LANGUAGE: The following reflects minimum Subcontracting Goals for this procurement and shall be used in the development of the Offeror s Small Business Subcontracting Plan: Total Small Business - 37.6% Small Disadvantaged Business - 5% Women-Owned Small Business - 5% HUBZone Small Business - 3% Service-Disabled Veteran-Owned Small Business - 3% Veteran-Owned Small Business - 3% AbilityOne - 3% 20
Other Ways to Engage AbilityOne FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services (a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504 21
Other Ways to Engage AbilityOne FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services EXAMPLE: A Request for Proposal (RFP) is issued for maintenance of a Government building that includes janitorial services. AbilityOne janitorial/sanitation products are on the PL and the FAR clause drives mandatory use of those products to perform the service. The Contractor would use the PL to identify the products intended for use in contract execution and include product pricing in proposal submitted to the Government. 22
Other Ways to Engage AbilityOne Partial Set-Aside include AbilityOne language in solicitation EXAMPLE LANGUAGE: At least x% of the dollar value of all subcontracts will be spent on products and services manufactured and provided by nonprofit agencies that employ people who are blind or have significant disabilities and are producing with NIB or SourceAmerica under the AbilityOne Program. OR Interior facility maintenance (PWS paragraph 4.2.2.3) and custodial/shredding services (PWS paragraph 4.2.2.1) shall be set aside for AbilityOne; support is available from SourceAmerica or National Industries for the Blind to assist offerors in meeting the AbilityOne requirement 23
The AbilityOne Program In Support of Your Goals Savings Efficiency Service Fair and reasonable prices High productivity rate = greater savings Identify and reduce cost drivers Facilitate PL addition process Central Nonprofit Agency contract management Consolidating AbilityOne contracts Reduced administrative/contracting burden Trained, qualified individuals, minimal turnover Quality products and services Technical and line-of-business support 18
Websites and Social Media AbilityOne.gov U.S. AbilityOne Commission Forms and Publications Guidelines for Federal Customers Procurement List AbilityOneCatalog.com Catalog of Products NIB.org National Industries for the Blind SourceAmerica.org SourceAmerica Training Catalog Facebook.com/NatIndBlind Facebook.com/SourceAmerica Twitter.com/NatIndBlind Twitter.com/SourceAmericaUS Youtube.com/NatIndBlind1938 Youtube.com/SourceAmerica Linkedin.com/company/national-industries-for-the-blind Linkedin.com/company/SourceAmerica 25
Interactive Exercise Split into three groups Group 1: DoD Contracting Officers Group 2: Federal Contracting Officers Group 3: Private Contractors 26
Group 1: DoD Contracting Officers SCENARIO: Your agency has a requirement for contract closeout services that needs to be fulfilled quickly. You re considering the AbilityOne Program to fulfill this requirement. Answer the following questions: 1) What steps do you take to get contract closeout support on contract through the AbilityOne Program? 2) What are the benefits of procuring the service through the AbilityOne Program? 27
Group 2: Federal Contracting Officers SCENARIO: Identify a service requirement (real or hypothetical) your agency would like to consider procuring through the AbilityOne Program. Answer the following questions: 1) What steps do you take to fulfill the requirement through the AbilityOne Program? 2) What are the benefits of procuring the service through the AbilityOne Program? 28
Group 3: Industry Partners SCENARIO: Your company plans to bid on large-scale logistics support contract for the federal government. You re considering partnering with AbilityOne to fulfill portions of the contract. Answer the following questions: 1) What are various ways to partner with AbilityOne to fulfill portions of the contract? 2) What are the benefits of partnering with AbilityOne? 29
ANSWERS Group 1: DoD Contracting Officers SCENARIO: Your agency has a requirement for contract closeout services that needs to be fulfilled quickly. You re considering the AbilityOne Program to fulfill this requirement. Answer the following questions: 1) What steps do you take to get contract closeout support on contract through the AbilityOne Program? Engage NIB/SourceAmerica to: Make determination to set-aside the requirement for the AbilityOne Program. Furnish a Solicitation, Specs and/or Performance Work Statement Submit a Proposal Conduct negotiations and award contract. 30
Group 1: DoD Contracting Officers SCENARIO: Your agency has a requirement for contract closeout services that needs to be fulfilled quickly. You re considering the AbilityOne Program to fulfill this requirement. Answer the following questions: 2) What are the benefits of procuring the service through the AbilityOne Program? Reduced administrative/contracting burden (especially for followon contract) Trained, qualified individuals, minimal turnover Long-term relationship fosters continuous improvement Contract Close-out Provide customer quality products and services (99.71% accuracy rate) Helps meet financial readiness compliance Deobligates funding for other uses 31 ANSWERS
ANSWERS Group 2: Federal Contracting Officers SCENARIO: Identify a service requirement (real or hypothetical) your agency would like to consider procuring through the AbilityOne Program. Answer the following questions: 1)What steps do you take to fulfill the requirement through the AbilityOne Program? Engage NIB/SourceAmerica to: Determine to set-aside the requirement for the AbilityOne Program Furnish a Solicitation, Specs, Performance Work Statement NIB/SourceAmerica Due Diligence Request a Proposal and conduct negotiations NIB/SourceAmerica submit PL package to AbilityOne Commission AbilityOne Commission Approval Award contract 32
ANSWERS Group 2: Federal Contracting Officers SCENARIO: Identify a service requirement (real or hypothetical) your agency would like to consider procuring through the AbilityOne Program. Answer the following questions: 2) What are the benefits of procuring the service through the AbilityOne Program? Reduced administrative/contracting burden (especially for follow-on contract) Trained, qualified individuals, minimal turnover Long-term relationship fosters continuous improvement Provide customer quality products and services 33
Group 3: Industry Partners ANSWERS SCENARIO: Your company plans to bid on large-scale logistics support contract for the federal government. You re considering partnering with AbilityOne to fulfill portions of the contract. Answer the following questions: 1) What are various ways to partner with AbilityOne to fulfill portions of the contract? Use AbilityOne as a subcontractor on the team Engage in workshare/sow responsibility discussions Execute teaming agreement Submit Proposal 34
Group 3: Industry Partners ANSWERS SCENARIO: Your company plans to bid on large-scale logistics support contract for the federal government. You re considering partnering with AbilityOne to fulfill portions of the contract. Answer the following questions: 2) What are the benefits of partnering with AbilityOne? Trained, qualified individuals, minimal turnover Provide customer quality products and services In DoD, AbilityOne counts towards small business subcontracting plan goals (P.L. 108-87) 35
Contact Us National Industries for the Blind 1-877-438-5963 inquiries@nib.org SourceAmerica 1-888-411-8424 Contact Us on SourceAmerica.org 36
BACKUP 37
Federal Procurement List Addition Process 38