Page Federal Contracting AbilityOne November 8, 2012 Midwest SBLO Meeting.

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Federal Contracting

AbilityOne

November 8, 2012

Midwest SBLO Meeting

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Introduction

Presented by

Ray Suennen

Governmental Contracts

Compliance Coordinator

Integrys Energy Services, Inc

[email protected]

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ABILITYONE- Javits-Wagner-O’Day Act (JWOD)

AbilityOne

- A new requirement in Defense Logistics Agency solicitations issued in 2012

- Applies to

All unrestricted solicitations

Required for all business sizes

Is a non-price evaluation factor whereas a subcontracting plan is a regulatory

requirement

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AbilityOne

- Promotes the use of qualified nonprofit agencies for the blind or other severely disabled will have equal opportunity to compete for subcontracts under any resulting contract

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Clauses

Defense Logistics Agency Directive (DLAD)

- 52.215-9004 (Feb 2012)

AbilityOne Entity Proposal

- 52.215-9005 (Feb 2012)

AbilityOne Entity Support Evaluation

- 52.215-9006 (Feb 2012)

AbilityOne Entity - Contractor Reporting

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Requirements

- Create an AbilityOne Entity Proposal

- Submit with solicitation Response

- Proposal is a part of the resulting contract

- Implement the AbilityOne Entity Proposal

- Submit periodic progress reports

- Compliance monitoring

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Requirements

- Provide the name and title of the individual principally responsible for ensuring company support to such entities

(generally, this is the individual responsible for subcontracting with small and women-owned small businesses)

52.215-9004

Is this the SBLO’s responsibility in your company?

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Proposal

- Describe your current & proposed range of services, supplies, & any other support that will be provided to you by AbilityOne concerns

- Include specific names of subcontractors, to the extent they are known

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Proposal

- Describe any future plans your company has for developing additional subcontracting possibilities for AbilityOne entities, or ways in which these entities could be partnered with other businesses and agencies in opportunities to diversify revenue production, during the contract period

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Proposal

- Specify what proportion of you proposal, as a percent of dollars, will be subcontracted to AbilityOne entities

(Sounds a lot like the small business subcontracting plan)

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Proposal

- An Offeror is required to identify in their proposal if they are unable to utilize AbilityOne entities

- Specify what type of performance data you will accumulate and provide to the Contracting Officer

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Proposal

Can be created using the small business subcontracting plan as a model

Percent Goals

Description of supplies & services

Vendor names

Narrative

Future plans/Outreach program

Performance documentation

Name of responsible party

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Evaluation

- The relative importance of this factor is at the discretion of the contracting officer, but this factor may not be combined with any other factor

- Will be evaluated in accordance with the evaluation scheme in the solicitation

- Will be evaluated on an “acceptable” or “unacceptable” basis

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Evaluation

- Will receive a rating of “acceptable” when proposes or demonstrates a higher percentage, complexity level, and variety of subcontractors beyond those items for which AbilityOne entities are the mandatory source

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Evaluation

- A Proposal that proposes or demonstrates a higher percentage, complexity level, and variety of subcontractors beyond those items for which AbilityOne entities are the mandatory source generally will receive a higher rating on this factor during the source selection process

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Evaluation

- If an Offeror is unable to identify that it is unable to utilize AbilityOne entities in a substantial manner, to a higher degree, complexity level, or variety of participation, and the Contracting Officer concurs that the Contractor’s inability to provide AbilityOne opportunities is reasonable, the Offeror may still receive a rating of “acceptable”

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Evaluation

Verbiage used

- Ratings will be either

“acceptable” of “unacceptable”

but can receive a higher rating during

the source selection process???

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Evaluation - verbiage

- Mandatory source - not defined in the solicitation or in the DLAD clauses

There is a statutory obligations for Government agencies to satisfy their

requirements for supplies and services, and it also applies when contractors purchase

the supplies or services for Government use FAR 8.002(c)

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Evaluation – Verbiage

- Complexity level, asked the DoD on 9/10/12 to describe and provide an example

DoD’s response:

“We are unable to provide you with a

description and example. Each plan

will be evaluated in its entirety to

determine an offeror’s rating.”

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Reporting

- Submit periodic progress reports (no less frequent than annually) to the Contracting Officer regarding your subcontracting efforts relative to AbilityOne entities

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Reporting

On 10/19/12. asked DoD

- What information will be required to be reported?

- What process will be used for the reporting?

- When will the reporting system be determined and available?

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Reporting

Response from DoD on 10/22/12

“No firm policy guidelines have been issued determining the manner in which an offeror is required to submit periodic progress reports; therefore, successful offerors will be notified by the Contracting Officer on the manner in which these reports should be submitted.”

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Reporting

Specifics appear to be

- not yet determined

- at the discretion of each Contracting Officer (at least as of now)

- provided after you are awarded a contract (at least as of now)

- a statutory percent for the Government that may possibly be used for contracts

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Importance

- The use of qualified nonprofit agencies for the blind or other severely disabled provide opportunities to less fortunate individuals to assist them financially, to be contributors to society, and to increase their self-esteem. It also, in many cases, provides lower cost products and services to the Contractor and the Federal Government

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Importance

Note – “severely disabled” includes

service-disabled veterans

- Assists the Government’s best practice to fulfill the Government wide mission of diversity and inclusion

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Importance

- The plan will be monitored by the cognizant Defense Contract Management Agency

How well the Contractor has adhered to the plan and the plan’s performance?

- Will be one factor used in the

placement of orders against multiple- award contracts

exercise of contract extension options

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Importance

- Performance on prior contracts will be used as an element of past performance evaluation in subsequent source selections decisions

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Summary

- Requires an Offeror to submit an Ability One Entity Proposal as part of their Technical Response

- Evaluated as part of an Offeror’s Proposal

- Submit Reports

- Monitored for adherence to Proposal (plan)

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What are your

questions

and

comments?

Summary

Page Federal Contracting AbilityOne November 8, 2012 Midwest SBLO Meeting.

Documents

page abilityone javits

abilityone entities

abilityone entity proposal

abilityone concerns

wagneroday act jwod

midwest sblo meeting

small businesses

company support