SubContracting Opportunities - Department Of Health and Human Services

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

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THIS PROCUREMENT TECHNICAL ASSISTANCE CENTER IS FUNDED IN PART THROUGH A COOPERATIVE AGREEMENT WITH THE DEFENSE LOGISTICS AGENCY.

OCTOBER 18TH
CAPITAL ONE HALL
TYSONS CORNER, VA
WWW.THEGAINCONFERENCE.COM
On October 18th, join your peers at GAIN,
the premier business-to-government
conference focused on training, research
insights, networking, and members-
only experiences to boost your brand.
Attendees will experience:
• An action-packed lineup of industry
leaders and innovators
• Priceless networking opportunities
• Actionable takeaways for immediate
results
• Marketing case studies featuring
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• And more!
As a marketing leader in the government
industry, you have so much to GAIN!
Secure your spot today!
FOR MORE INFO CONTACT STEPHANIE GEIGER
SGEIGER@GMARKU.COM

SUBCONTRACTING OPPORTUNITIES AT
Department Of Health & Human Services

Dept Of Health & Human Services
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:
Janae Aune
Stinson LLP
janae.aune@stinson.com

MISSION STATEMENT & HISTORY:
The mission of the U.S. Department of Health and Human Services is to
enhance the health and well-being of all Americans, by providing for
effective health and human services and by fostering sound, sustained
advances in the sciences underlying medicine, public health, and social
services.

BUREAUS / AGENCIES / OFFICES:
Administration for Children and Families
Administration for Community Living
Agency for Healthcare Research and Quality
CDC National STD Hotline
Centers for Disease Control and Prevention
Centers for Medicare and Medicaid Services
Child Welfare Information Gateway
Eldercare Locator
Food and Drug Administration
Health Resources and Services Administration
HHS-TIPS Fraud Hotline
Indian Health Service
National Cancer Institute
National Institute of Allergy and Infectious Diseases
National Institutes of Health
National Library of Medicine
National Runaway Safeline
President's Council on Fitness, Sports and Nutrition
Office of Minority Health
Substance Abuse and Mental Health Services Administration
Office for Civil Rights, Department of HHS
National Health Information Center

LINK TO DEPARTMENT:
https://www.hhs.gov/
LINK TO OSDBU/OSBP:
https://www.hhs.gov/about/agencies/asfr/ogapa/osdbu/index.html
LINK TO PROCUREMENT FORECAST:
https://osdbu.hhs.gov/#search-opportunities
LINK TO SBA SCORECARD:
https://www.sba.gov/document/support-department-health-human-services-contracting-scorecard

TOP 10 VENDORS

1. Merck Sharp & Dohme Corp
2. Rapid Deployment, Inc
3. Pfizer
4. Family Endeavors, Inc
5. Glaxo Smith Kline
6. Walgreen Co
7. Leidos Biomedical Research Inc.
8. McKesson Specialty Distribution LLC
9. Hensel Phelps Construction
10. General Dynamics Information Tech

TOP 5 VENDORS - PROFILE

#1 - Merck Sharp & Dohme Corp
https://www.merck.com/

Merck Sharp & Dohme Corp
SBLO (SMALL BUSINESS LIAISON OFFICE) INFO /
LINK TO REGISTER AS SMALL BUSINESS VENDOR:
https://www.merck.com/company-overview/suppliers/

#2 - Rapid Deployment, Inc
www.rapiddeploy.com/

Rapid Deployment, Inc
https://www.rapiddeploy.com/company/contact-us

#3 - Pfizer
https://www.pfizer.com/

https://www.pfizer.com/
Pfizer
https://www.pfizer.com/about/partners/research-and-business-development-partnerships

#4 - Family Endeavors, Inc
https://endeavors.org/

Family Endeavors, Inc
https://endeavors.org/contact-us/

#5 - Glaxo Smith Kline
https://us.gsk.com/en-us/company/

Glaxo Smith Kline
https://gsk.supplierone.co/

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 HHS FAR Supplement
https://youtu.be/2keSrc6xfmc
Subcontracting – LEGAL PERSPECTIVE

Subcontracting – LEGAL PERSPECTIVE
Janae Aune
Stinson LLP

Washington DC - – 202-365-0598
Sub-Contracting – LEGAL PERSPECTIVE

• Know your ability to negotiate
• Not specific to just HHS contracts
• Not all clauses/requirements Primes put in subcontracts are required
by FAR/HHSAR
• These clauses shift burdens of compliance so it is important to
know what you can negotiate out of
Sub-Contracting – LEGAL Best Practices

• HHS Subcontracting Plan
• Required if estimated cost of the contract may exceed $700,000 (or $1,500,000
for construction contracts)
• HHS template available for the plan - hhs_subk_plan_template.docx (live.com)
• Subs can consult this to get an idea of what the Prime’s plan is for subcontracting
• Information on how much allotted, what costs have or have not been included
in the plan, what types of subcontractors are expected to receive the awards,
particular programs being utilized, etc.
Sub-Contracting – LEGAL Best Practices

• Flow down clauses are those clauses in the FAR that a Prime must or can flow down to
subcontractors
• Mandatory and optional
• Depends on the kind of contract, threshold, agency, etc.
• Clauses balance and apportion risk
• If mandatory and Prime does not flow down, then Prime liable for Sub non-
compliance
• If mandatory and Prime does flow down, then Sub liable for non-compliance
• If optional, this is an area where the Sub can negotiate
W
FAR Flow Down Clauses - What To Know

• FAR Smart Matrix
• Know your contract – Fixed Price or Cost Reimbursement
• Know the type of contract – Supply, Research & Development, Service, Construction,
Commercial Items
• Using the filtering options, you can select to see clauses that are Required, Required as
Applicable, and Optional for each of those types of contracts
• This can provide subcontractors an idea of what to expect in different kinds of contracts
• Can also provide insight into negotiation areas in knowing whether clauses are
mandatory or optional
W
FAR Flow Down Clauses – Identifying Clauses

• Solicitation
• SAM posting 🡪 Solicitation, Offer, and Award
• Section on Contract Clauses
• This will list out all applicable FAR and HHSAR clauses
• You can then navigate to the FAR or HHSAR to identify if Flowdown is
required
• “The Contractor shall insert the follow clauses in subcontracts…”
W
FAR Flow Down Clauses – Identifying Clauses

• Contracts for the Design, Development, or Operating of a System of Records
(HHSAR 324.105)
• Subcontracts must have Privacy Act clause – notifies sub that it and its
employees are subject to criminal penalties for violations of the Privacy Act
• Subs must make sure employees are aware of requirements in 45 CFR part
5(b)
• This is a required flow down by the HHSAR
Sub-Contracting – HHS Considerations

• Earned Value Management System (HHSAR 334.2)
• Applies to cost or incentive subcontracts depending on the size of the subcontract
• Valued at $50 million or more
• Must have EVMS that is determined compliance with American National Standards
Institute Standard 748, as determined by HHS
• Valued at $20-50 million
• Must have EVMS compliant with standards above, with no specific determination by
agency required
• Valued at less than $20 million
• Up to subcontractor whether to implement EVMS

• HHSAR Subparts 326.5 – 326.7 Indian Preference in Employment, Acquisitions
under Buy Indian Act, and Acquisitions Requiring the Native American Graves
Protection Act
• A number of the clauses required by these subparts have flow down clauses for
subcontractors that impose additional requirements, including reporting
requirements, for subcontractors

• 352.222-70 Contractor Cooperation in Equal Employment Opportunity
Investigations
• Required in all HHS contracts
• 352.223-70 Safety and Health
• Required in subcontracts involving toxic substances, hazardous materials, or
hazardous operations
• 352.227-70 Publications and Publicity
• Required in all HHS contracts where subcontractor may propose publishing the
results of its work under the subcontract
W
FAR Flow Down Clauses – HHSAR Clauses

THANK YOU FOR ATTENDING
Department Of Health & Human Services
THANK YOU TO OUR SPEAKERS
Janae Aune
Archisha Mehan
amehan@govspend.com

SubContracting Opportunities - Department Of Health and Human Services

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