SubContracting Opportunities - Department Of Education

Federal Government Contracting:
SUBCONTRACTING
2022 Webinar Series
Washington DC – hello@JenniferSchaus.com – 202-365-0598

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SUBCONTRACTING OPPORTUNITIES AT
Department Of Education

AGENDA:
➢ Panelist Introductions
➢ Mission Statement / History
➢ Bureaus, Agencies & Offices
➢ Important Links
➢ Top Vendors
➢ Trends & Opportunities
➢ Marketing Best Practices
➢ Legal Considerations

DATA SPEAKER:
Ms. Archisha Mehan
GovSpend
amehan@govspend.com

LEGAL SPEAKER:
Brandon Dobyns
Taft Stettinius & Hollister LLP
bdobyns@taftlaw.com

MISSION STATEMENT & HISTORY:
The mission of the Department of Education is to promote student
achievement and preparation for global competitiveness by fostering
educational excellence and ensuring equal access.

BUREAUS / AGENCIES / OFFICES:
Commission on Presidential Scholars
Education Publications Center (EDPUBS)
Educational Resources Information Center
Federal Student Aid Information Center
Institute of Education Sciences
Office of Special Education and Rehabilitative Services
English Language Acquisition Office
National Library of Education
Office for Civil Rights, Department of Education
Office of Career, Technical, and Adult Education
Office of Elementary and Secondary Education
Office of Postsecondary Education
Literacy Information and Communication System

LINK TO DEPARTMENT:
https://www.ed.gov/
LINK TO OSDBU/OSBP:
https://www2.ed.gov/about/offices/list/ods/osdbu.html
LINK TO PROCUREMENT FORECAST:
https://www2.ed.gov/fund/contract/find/forecast.html
LINK TO SBA SCORECARD:
https://www.sba.gov/document/support-department-education-contracting-scorecard

TOP 10 VENDORS

1. Accenture Federal
2. Higher Education Assistance Agency PA
3. Great Lakes Educational Loan
Services Inc
4. Navient Corporation
5. NelNet Servicing LLC
6. Perspecta Enterprise Solutions
7. Maximus Federal Services Inc
8. Missouri Higher Education Loan Authority
9. American institutes for Research in the
Behavioral Sciences
10. Westat Inc

TOP 5 VENDORS - PROFILE

#1 - Accenture Federal Services LLC
www.accenture.com/us-en

ACCENTURE FEDERAL SERVICES
SBLO (SMALL BUSINESS LIAISON OFFICE) INFO /
LINK TO REGISTER AS SMALL BUSINESS VENDOR:
https://www.accenture.com/us-en/support/us-federal-government/small-business-services-overview

AGENCY 2022 2021 2020
1200 - AGRICULTURE, DEPARTMENT OF $127,026,416 $108,761,975 $150,547,026
1300 - COMMERCE, DEPARTMENT OF $130,766,299 $104,146,331 $119,128,252
1400 - INTERIOR, DEPARTMENT OF $38,374,067 $32,397,186 $11,439,212
1500 - JUSTICE, DEPARTMENT OF $37,364,329 $71,155,847 $86,413,247
1600 - LABOR, DEPARTMENT OF $2,317,483 $6,090,785 $4,796,701
1700 - NAVY, DEPARTMENT OF $10,779,031 $57,726,693 $66,919,711
1900 - STATE, DEPARTMENT OF $236,456,960 $238,946,064 $221,030,432
2000 - TREASURY, DEPARTMENT OF $248,439,350 $204,884,602 $135,644,641
2100 - ARMY $136,977,462 $63,282,276 $88,594,254
2400 - OFFICE OF PERSONNEL MANAGEMENT $8,704,485 $6,659,451 $775,610
2800 - SOCIAL SECURITY ADMINISTRATION $15,809,361 $16,866,146 $17,468,446
3600 - DEPARTMENT OF VETERANS AFFAIRS $195,255,296 $346,356,736 $74,017,016
4700 - GENERAL SERVICES ADMINISTRATION $88,089,439 $36,866,372 $36,463,739
4900 - NATIONAL SCIENCE FOUNDATION $7,868,259 $7,999,790 $23,230,834
5000 - Securities and Exchange Commission $17,243,010 $28,562,414 $22,050,704
5700 - AIR FORCE $68,928,370 $81,554,426 $114,629,594
6900 - TRANSPORTATION $9,019,859 $12,959,554 $20,332,099
7000 - HOMELAND SECURITY $215,459,695 $242,178,050 $242,135,876
7500 - HEALTH AND HUMAN SERVICES $172,774,605 $145,135,840 $149,854,017
8900 - ENERGY, DEPARTMENT OF $349,448,252 $299,796,379 $246,921,960
9100 - EDUCATION, DEPARTMENT OF $279,558,565 $281,208,832 $252,483,840
9700 - DEFENSE, DEPARTMENT OF $5,610,539 $12,016,667 $7,924,582
97AS - DEFENSE LOGISTICS AGENCY (DLA) $85,950,437 $113,291,067 $107,313,397
955F - Consumer Financial Protection Bureau $3,286,376 $1,219,547 $0
6000 - Railroad Retirement Board $0 $0 $0
8000 - NATIONAL AERONAUTICS AND SPACE ADMINISTRATION $3,000 $0 $675,008
8800 - NATIONAL ARCHIVES AND RECORDS ADMINISTRATION $50,000 $50,000 $50,000
9577 - Corporation for National and Community Service $0 $0 $0
9543 - Millennium Challenge Corporation $0 $0 $0
7200 - AGENCY FOR INTERNATIONAL DEVELOPMENT $0 ($2,703) $0
GRAND TOTALS $2,491,560,944 $2,520,110,327 $2,200,840,200

#2 - Higher Education Assistance Agency PA
https://www.pheaa.org
/

HIGHER EDUCATION ASSISTANCE AGENCY PA
https://www.pheaa.org/about/doing-business-with-pheaa.shtml

#3 - Great Lakes Educational Loan Services, Inc.
https://mygreatlakes.org/

GREAT LAKES EDUCATIONAL LOAN SERVICES
https://home.mygreatlakes.org/web/about/gl/Suppliers

#4 - Navient Corporation
https://navient.com/

NAVIENT CORPORATION
https://navient.com/bpo

#5 - NelNet Servicing LLC
https://www.nelnet.com/

NELNET SERVICING LLC
https://nelnetinc.com/businesses/nelnet-government-services/

MARKETING BEST PRACTICES

MARKETING BEST PRACTICES
1 – Know your Customer (Department and Primes) BEFORE you engage! Do your homework!
2 – Register on the Prime’s website as a Small Business Vendor. Ensure your information is complete and
accurate and matches your SAM registration.
3 – Connect on Linkedin with the key players and follow the company to stay abreast of news and relevant
information. Sign up for Google alerts.
4 – Attend events and join associations where the company is active.
5 - Provide value - bring an opportunity and a custom Capability Statement geared to an Opportunity

Reference - Department of Education FAR Supplement
https://youtu.be/uGOc1tINUYU
Subcontracting – LEGAL PERSPECTIVE

Subcontracting – LEGAL PERSPECTIVE
Brandon Dobyns
Taft Stettinius & Hollister LLP
bdobyns@taftlaw.com

(1) Pay attention to any ED issued Deviations under EDAR Subpart 3401.4
Deviations are available at
https://www2.ed.gov/policy/fund/reg/clibrary/edar.html
Currently 6 issued deviations on everything from Key Personnel to
Cybersecurity Requirements
Sub-Contracting – LEGAL Best Practices

(2) If a Contracting Officer communicates a promise or appearance of commitment that a
contract, modification, or order will or may be awarded, to a vendor for the use of services,
equipment, etc., this can be ratified post-hoc. EDAR 3401.602-3(a)
The Contracting Officer responsible for the commitment must request approval to their manager
or approving official for the ratification. EDAR 3401.602-3(b)(3)
The Chief of Contracting Office can ratify or reject commitments of up to $25,000. EDAR
3401.602-3(b)(4)
All other commitments must be ratified or rejected by the HCA. EDAR 3401.602-3(b)(5)

(3) Note contract flexibility. In addition to the normal cost-reimbursement and time-and-
materials or labor-hour contracts, ED can also engage in:
1. Cost sharing contracts – note that costs not reimbursed under this type may not be
charged to any federal grant, contract, cooperative agreement, etc. EDAR 3416.303(b)
2. Incentive contracts – performance based or award-term contracts may be awarded.
EDAR 3416.402-2. Award-term contracting is defined as a method, based on a pre-
determined plan in the contract, to extent the term for superior performance and reduce
it for poor or substandard performance. EDAR 3416.470(a). This must be justified by the
Contracting Officer and approved by the HCA. EDAR 3416.740(c)

(4) Pay attention to required reporting obligations for Conflicts of interest and violations
of:
1. FAR Gratuities Clause
2. Antitrust Laws
3. Covenant Against Contigent Fees
4. Restriction on Contracts with Government Employees
All require special reporting.

(5) Pay Attention to any ED-specific reporting deadline timing
For example:
1. Immediate notification for legal actions arising out of performance EDAR 3452.242-70
2. 30 Days to respond to debarment or suspension proceedings EDAR 3409.406-3,
3409.407-3

3409.570 – Certification at or below the SAT
Required flow down to all subcontracts
Must warrant to best of knowledge and belief that no Organizational Conflict of Interest exists,
or that they have all been disclosed.
Requires notification if a new OCI is discovered after award, including a mitigation plan.
W
FAR Flow Down Clauses - What To Know

3452.209-70 – Conflict of Interest Certification
Must certify to best of knowledge and belief that no Organizational Conflict of Interest exists, or
that they have all been disclosed.
Agree to notify if a new actual or potential OCI is discovered after award, including a mitigation
plan.
Contains required certification language.
W

3452.209-71 – Conflict of Interest
Must certify to best of knowledge and belief that no Organizational Conflict of Interest exists, or
that they have all been disclosed.
Agree to notify if a new actual or potential OCI is discovered after award, including a mitigation
plan.W

3452.224-71 – Notice about Research Activities Involving Human Subjects
Requires offeror and all subcontractors comply with Department regulations on the
protection of human research subjects
If required by the Department, apply for a Federal Wide Assurance from the Office for Human
Research Protections of HHS
If required by the Department, file documentation of Institutional Review Board review
and approval of the research
W

3452.224-73 – Research Activities Involving Human Subjects
Requires offeror and all subcontractors comply with Department regulations on the
protection of human research subjects
If required by the Department, apply for a Federal Wide Assurance from the Office for Human
Research Protections of HHS
If required by the Department, file documentation of Institutional Review Board review and
approval of the research
W

3452.239-71 – Notice to Offerors of Department Security Requirements
Requires offeror and all subcontractors comply with Department security policy
requirements set forth in “Bidder’s Security Package: Security Requirements for
Contractors Doing Business with the Department of Education” available at
http://www.ed.gov/fund/contract/about/bsp.html
Requires personnel security screenings and categorization of employee position risk levels
W

3452.239-72 – Department Security Requirements
Requires offeror and all subcontractors comply with Department security policy
requirements set forth in “Bidder’s Security Package: Security Requirements for
Contractors Doing Business with the Department of Education” available at
http://www.ed.gov/fund/contract/about/bsp.html
Requires personnel security screenings and categorization of employee position risk levels
W

3452.237-70 – Services of Consultants
MAY be flowed down
Applies to non-FSA contracts
If any person is to be paid as a consultant prior written approval of the contracting
officer may be required
W

The EDAR is a short supplement, but it applies to all ED contracts, unless expressly
excluded.
Note the difference between contracting authorities for Federal Student Aid and the
rest of ED.
Most requirements are contract specific.
Sub-Contracting - Other Legal Considerations

THANK YOU FOR ATTENDING
THANK YOU TO OUR SPEAKERS
Brandon Dobyns
bdobyns@taftlaw.com
Archisha Mehan
amehan@govspend.com

SubContracting Opportunities - Department Of Education

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