SubContracting Opportunities - Department Of Labor

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.

DECEMBER 1ST
THE WATERMARK
HOTEL
TYSONS CORNER, VA
HTTPS://EVENTS.BIZZABO.COM/DOJ
On December 1st, join your peers at the
WT Power Breakfast: Doing Business
with the Department of Justice.
Washington Technology provides a
direct line to the contractor executives
who need cutting-edge IT systems and
solutions to serve the largest customer
in the world – the government market.
Attendees will:
• Hear from Justice Department
leaders
• Learn how to leverage IT to
modernize operations
• Engage in discussions about
upcoming initiatives
• Analyze how contractors can best
support their department’s mission
Secure your spot today!
FOR MORE INFO CONTACT THE EVENTS TEAM AT
GEMG.EVENTS@GOVEXEC.COM

SUBCONTRACTING OPPORTUNITIES AT
Department Of Labor

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

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

LEGAL SPEAKER:
Joshuah Turner
Perkins Coie LLP
jturner@perkinscoie.com
Department Of Labor

MISSION STATEMENT & HISTORY:
To foster, promote, and develop the welfare of the wage earners, job
seekers, and retirees of the United States; improve working
conditions; advance opportunities for profitable employment; and
assure work-related benefits and rights.
Department Of Labor

BUREAUS / AGENCIES / OFFICES:
Employment and Training Administration
Employee Benefits Security Administration
Bureau of International Labor Affairs
Bureau of Labor Statistics
Job Corps
Mine Safety and Health Administration
Occupational Safety and Health Administration
Office of Disability Employment Policy
Veterans' Employment and Training Service
Wage and Hour Division
Women's Bureau
Department Of Labor

LINK TO DEPARTMENT:
https://www.dol.gov/
LINK TO OSDBU/OSBP:
https://www.dol.gov/agencies/office-of-small-and-disadvantaged-business-utilization
LINK TO PROCUREMENT FORECAST:
https://www.dol.gov/agencies/office-of-small-and-disadvantaged-business-utilization/procurement-forecast
LINK TO SBA SCORECARD:
https://www.sba.gov/document/support-department-labor-contracting-scorecard
Department Of Labor

TOP 10 VENDORS
Department Of Labor

1. Management & Training
2. Adams and Associates
3. Serrato Corporation
4. Career Systems Development Corp
5. Booz Allen Hamilton
6. Foxmar Inc
7. Serco Inc
8. Human Learning Systems LLC
9. Minact Inc
10. Perspecta Enterprise Solutions LLC
Department Of Labor

TOP 5 VENDORS - PROFILE
Department Of Labor

#1 - MANAGEMENT & TRAINING
https://www.mtctrains.com/
Department Of Labor

MANAGEMENT & TRAINING
SBLO (SMALL BUSINESS LIAISON OFFICE) INFO /
LINK TO REGISTER AS SMALL BUSINESS VENDOR:
https://www.mtctrains.com/about-us/contact-us/
Department Of Labor

Department Of Labor

#2 - ADAMS AND ASSOCIATES
https://adamsaai.com/
Department Of Labor

ADAMS AND ASSOCIATES
https://adamsaai.com/contact-us/
Department Of Labor

#3 - SERRATO CORPORATION
http://www.serratocorp.com/
Department Of Labor

SERRATO CORPORATION
http://www.serratocorp.com/partners/
Department Of Labor

#4 - CAREER SYSTEMS DEVELOPMENT CORPORATION
www.careersystems.com
Department Of Labor

CAREER SYSTEMS DEVELOPMENT CORPORATION
https://www.careersystems.com/contact/
Department Of Labor

#5 - BOOZ ALLEN HAMILTON
https://www.boozallen.com/
Department Of Labor

BOOZ ALLEN HAMILTON
https://www.boozallen.com/menu/government-contract-
vehicles.html
Department Of Labor

MARKETING BEST PRACTICES
Department Of Labor

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
Department Of Labor

Reference - Department of Labor FAR Supplement
https://youtu.be/pLdeUp0BWwg
Subcontracting – LEGAL PERSPECTIVE
Department Of Labor

Subcontracting – LEGAL PERSPECTIVE
Department Of Labor
Joshuah Turner
Perkins Coie LLP

• Pertinent Definitions
• Teaming Arrangements vs. Subcontracts
• Flowdowns
• Terminations
• Disputes
Sub-Contracting – What we will cover:
Department Of Labor

• Subcontract (FAR 52.244-2): A contract to furnish supplies/services for performance of the
prime contract or subcontract.
• Contract (FAR 2.101): a mutually binding legal relationship obligating the seller to furnish the
supplies or services (including construction) and the buyer to pay for them.
• Subcontractor (FAR 44.101): any supplier, distributor, vendor, or firm that furnishes supplies or
services to or for a prime contractor or another subcontractor.
Sub-Contracting – Pertinent Definitions
Department Of Labor

• Contractor Team Arrangement (FAR 9.601): an arrangement in which-
o Two or more companies form a partnership or joint venture to act as a potential prime
contractor; or
o A potential prime contractor agrees with one or more other companies to have them act as its
subcontractors under a specified Government contract or acquisition program.
• Difference in “privity”
• Enforceability issues:
• Futrend Tech. (Va. Cir. Ct. 2020)
Best Practice: Know applicable state law and draft the subcontract simultaneous to drafting the
teaming agreement to demonstrate the party’s intent to be bound.
Sub-Contracting – Teaming Agreements
Department Of Labor

• What are flowdown clauses?
• The subcontractor’s perspective
• Steps for reviewing flowdown clauses
• Mandatory vs. Optional
• Optional but preferred
• Terminations
• Changes
Best Practice: Subcontractors should analyze each clause flowed down in their subcontracts for
applicability, note the mandatory clauses, retain the optional preferred clauses, and negotiate the
optional unpreferred clauses.
Sub-Contracting – Flowdowns
Department Of Labor

• Termination for Convenience vs. Termination for Default
• Prime perspective when the government issues a T for C
• Sub-Contractor perspective when the government issues a T for C
• Notice and cure requirements built into the contract
• Clear delineation of the causes for termination for convenience/default
• Ensure contract clauses are reciprocal and not one-sided.
Best Practice: From the subcontractor’s perspective, the contract should not permit a T for C unless the
government issues the same to the prime. The subcontract should also contain a very clear process for a default
termination that, at a minimum, includes notice requirements and a reasonable opportunity to cure.
W
Sub-Contracting – Terminations
Department Of Labor

• Choice of Law
• Choice of Venue
• Alternate Dispute Resolution
• Jurisdiction
• Government conduct caused the dispute e.g. the government has failed to timely pay the prime
• Lack of Privity/Claim sponsorship
• Severin Doctrine
Best Practice: Carefully review the “disputes” portion of the sub-contract speaking to, among
other things: choice of law, choice of venue, any pay-when-paid provisions.
Sub-Contracting – Disputes
Department Of Labor

THANK YOU FOR ATTENDING
Department Of Labor
THANK YOU TO OUR SPEAKER
Archisha Mehan
amehan@govspend.com
Joshuah Turner

SubContracting Opportunities - Department Of Labor

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