Succeeding in Government Small Business Contracting: Guidance for Primes and Subs On Demand Series

This 6 part program covers the various issues pertaining to the Small Business Programs implemented through Federal contracting. It also addresses subcontracting issues at various levels of the supply chain. It covers the complications associated in government contracting of being both a prime and subcontractor and the implementation of the various small business rules. This program will address both small business contracting and small business set-aside programs.

At the end of this program you will understand the opportunities and obligations created by the Small Business Act and strategies for to taking advantage of these opportunities while meeting the obligations. For large businesses you will have an appreciation of the issues you will have to address in your purchasing and supply chain management.

Who Should Attend:

This course is designed to benefit both government and contractor personnel as well as existing small businesses considering doing business with the Federal government and individuals thinking of creating a small business to do business with the Federal government. Large businesses will also benefit from this course as we identify requirements to comply with the Small Business Act and pitfalls to be avoided in achieving their small business goals under Federal government contracts.

Sessions and Topics

All sessions are 90 minutes long.

  1. Small Business Overview
    • Principal sources of Law
    • Why Special Rules for Small Businesses
    • Congressional Oversight
    • SBA Organization
    • Small Business Contracting & Subcontracting Goals
    • Size Standards (NAICS)
    • Certifications
    • Set Asides
    • Rule of Two
    • Affiliation
    • Protests
    • Prime/Sub
    • Mentor-Protégé
    • SBIR
    • Certification of Competency (CoC)
  2. Formation and Affiliation Issues
    • Ownership and Control
    • Location
    • NAICS codes
    • Number of Employees
    • Average Revenues
    • Affiliation
    • Ostensible Subcontractor
    • Joint Ventures
    • Common Management or Facilities
    • Identity of Interest
    • Newly Organized Concern
  3. Protests
    • Size status
    • Qualifying persons
    • Location of business and employees
    • Forums/Jurisdiction
    • Process
  4. Set Aside Programs
    • Sole Source
    • Reserve under Simplified Acquisition Threshold
    • Full & Partial Set Asides
    • Rule of Two
    • Set Asides for Task Orders under IDIQ
    • Set Asides under Schedules
    • Set Asides by Small Business Category
  5. Prime/Subcontracting & Teaming
    • Meeting Subcontracting Goals
    • Subcontracting Plans
    • Categories of Teaming
    • Joint Ventures
    • Dispute Jurisdiction
    • Sponsorship of Claims
    • Non-Disclosure Agreements
    • Intellectual Property
  6. Mentor/Protégé
    • Purpose of the Program
    • Obligations of Mentor and Protégé
    • Recent Expansion of Program
    • DoD
    • Civilian Agencies
    • Caps on Participation

Faculty

Ira Hoffman

Ira E. Hoffman is a Shareholder with Butzel Long. Mr. Hoffman is also Director of the Public Contracting Institute, and frequent lecturer on the Export Administration Regulations, the International Traffic in Arms Regulation, and Office of Foreign Assets Control sanctions. In addition, he was the editor of The Annotated Export Administration Regulations Desk Reference” (West, 2010-13); author of “U.S. Law and International Cooperation in Combating Cyberthreats,” 31 Computer & Internet Law. No. 4 at 15 (Apr. 2014); and co-author of “International Compliance: Mitigating Risk in FCPA and Other Cross-Border Transactions,” 43 MD Bar J. No.4 at 33 (July 2010); and of “Export Controls and Economic Sanctions,” 42 Int’l Law. 301 (2008). He has also taught International Trade Law and European Union Law at the George Mason University School of Law. Mr. Hoffman received his Juris Doctor degree (cum laude) from the University of Miami School of Law, where he was an editor on the Law Review; earned an M.Sc (Econ) from the London School of Economics, where he also taught; and a B.A. from the University of Michigan.

David Drabkin

Mr. Drabkin previously served as Director of Acquisition Policy with Northrop Grumman Corporation. There he worked with Congress, Executive Agencies and Industry Associations to evaluate and promulgate acquisition policy for Federal programs ensuring the interests of the Northrop Grumman were represented in the process. He translated acquisition laws and regulations into operational requirements within Northrop Grumman. He served as a resource to all corporate sectors in acquisition matters relating to existing programs and future business capture opportunities. Previously, as Deputy Associate Administrator for Acquisition Policy and Deputy Chief Acquisition Officer and Senior Procurement Executive for the Office of the Chief Acquisition Officer, Mr. Drabkin lead a number of different, but inter-related, activities pertaining to Acquisition. Those activities are the Federal Acquisition Institute (FAI), the Federal Procurement Data Center, the Catalog for Domestic Federal Assistance, and the Civilian Agency Acquisition Council. He served as the Head of Contracting Activity for GSA, GSA spends over $10 billion per year for goods, services, construction and real estate, the GSA representative to the Federal Acquisition Regulatory (FAR) Council, the GSA Debarment and Suspension Authority, the GSA Agency Protest Official and the Ombudsman for Multiple Award Task and Delivery Order contracts.

David Taylor

David J. Taylor is the Founder and Principal of the Law Office of David J. Taylor, P.C. He has been in private practice since clerking on the D.C. Circuits, practicing in the fields of Government contracts, complex civil litigation, construction, international arbitration and commercial and trade law, communications and technology law. Currently, David counsels clients and litigates in the field of government contracts, with particular emphasis on bid protests, requests for equitable adjustment and claims, compliance programs, ADR and contract terminations. He has counseled a variety of both large and small businesses and not-for-profits on the full range of federal procurement issues. He has litigated many cases before the United States Court of Appeals for the Federal Circuit, the United States Court of Federal Claims, the GAO, the Boards of Contract Appeals (both Armed Services and Civilian Boards) and various agencies. He is an advocate of and very experienced in alternative dispute resolution (ADR) techniques. David has counseled clients and/or litigated in a variety of government contracts issue areas including: contract formation, “best value” analyses, contract changes and claims, teaming and joint venture arrangements, co-operative agreements, subcontracting, non-disclosure agreements, FOIA and Joint Venture requests, representations and certifications, commercial item contracting, foreign content regulations, suspension and debarment, Buy American Act issues, Foreign Corrupt Practices Act, novations, and a wide variety of small business and socioeconomic issues. David co-founded the HUBZone Contracting National Council (HCNC) in 2000 and has served as its General Counsel and on the HCNC Board of Directors since. He has experience in the development and implementation of internal compliance programs and internal investigations. He has also effectively employed the government contractor defense to protect contractor clients from claims made by third parties. David teaches courses on “Negotiation – ADR – Litigation” and “Terminations and Close-Outs” at PCI’s Masters’ Academy. He is also on PCI’s Board of Directors and its Executive Committee.

Continuing Education Credits

CLP

2.0 credits per session; 12 credits for entire series

CPE (Business Law/Regulatory Ethics/Business Management & Organization)

1.5 credits per session; 10.5 credits for entire series

CLE

1.5 credits per session; 9 credits for entire series for AK, AZ, AR, CA, CO, FL, HI, ME, MT, NJ, NY, ND, OR, PA, VA, WI (if you need CLE for a state not listed, call us.)

CEU

0.15 credits per session; .9 CEU for the entire series

PDU

This course can be submitted to Project Management Institute (PMI) for PDU. Upon their approval, it may be worth 1.5 PDU credits per session; 9 PDU credits for entire series

Upcoming Seminars

Webinars & Virtual Classess