SMALL BIZ BASICS 2023 Series: Doing Business with the Federal Government as a Small Business
The Series is intended as an entry-level look at the Federal Acquisition Regulations (FAR) and its Supplements (DFARS, HHSAR, etc.), as well as the Small Business Administration (SBA) regulations for small business federal contractors.
U.S. Government policy is to work with small businesses whenever possible. There are special programs designed to help small businesses compete for federal contract and subcontracts and allow those businesses grow. There are also policies and regulations to ensure that small businesses are truly performing the work and growing their businesses in a sustainable way. The programs, policies, and regulations can be especially confusing for small businesses that have limited exposure to the federal acquisition system. The Series will cover five key topic areas: introduction, contracting basics, set-aside programs, contractor relationships, and graduation. Attendees may ask real time questions throughout the Series.
SMALL BIZ BASICS: Doing Business with the Federal Government as a Small Business
Dates: April 11, 18, 25, May 2, 9
April 11 - Small Biz Buzz
This session will first delve into how small businesses can identify the NAICS Codes under which they perform and perform size calculations to help small businesses determine if they are actually small for the type of work they do. Next, this session will discuss important topics small businesses need to be mindful of when contracting with the U.S. Government. Topics include registration in SAM.gov and DSBS, state incorporation, solicitations and proposal information, how to read FAR/DFARS sections and clauses, size protests, limitations on subcontracting and the nonmanufacture rule, small business subcontracting plans, and other compliance issues.
April 18 - Small Biz Contracting Basics
Government contracting is very different than commercial contracting. This session will discuss basic government contracting terms and how they differ from what companies are used to seeing in the private sector. The session will dive into different contract types, impact on small business, identifying commercial products and commercial services, the FAR/DFARS clauses including E-verify, Change Orders, Termination for Convenience of the Government and Disputes. The session will close with a discussion of other legal considerations like the Anti-assignment Act, Anti-Kickback Act, and False Claims Act.
April 25 - Small Biz Set-Aside Programs
The U.S. Government has also established specialized programs for set-aside programs: 8(a), HUBZone, WOSB, EDWOSB, VOSB, and SDVOSB. This session will identify the eligibility requirements for each. The session will also discuss the U.S. Government small business goals, and how those can influence award set-aside decisions.
May 2 - Small Biz Contractor Relationships
Small businesses often cannot perform all the contractual obligations alone and need to consider bringing in partners through contractual relationships like Teaming Agreements, Subcontracts, and Joint Ventures. However, this can trigger a finding of Affiliation, which counts the partner’s revenue or employee headcount together with the small business. Affiliation can often render the small business an other-than-small business (i.e. a large business), and no longer eligible for set-aside contracts. This session will discuss the regulatory requirements and exclusions that apply to contractor relationships.
May 9 - Small Biz Graduation
The goal of the small business program is ultimately to develop these small companies into larger companies that no longer need to the compete only among like-sized peers. However, many small businesses have difficulty navigating the transition from small to large business and competing against all interested companies. This session will discuss 8(a) required transition periods, tips and strategies to consider as small businesses near their size graduation, and future contractual relationships. Finally, as mergers and acquisitions increase, the session will discuss the potential sale of a small business to another business or owner and what small businesses should bear in mind in advance of related discussions.