Understanding Contracting Rules with the US Department of Agriculture

Don Baker, Deputy Director of Contracting at the USDA, presented on the rules and regulations governing contracting activities within the department. The workshop covered key topics such as roles and responsibilities, ethics in procurement, the transition to Unique Entity Identifiers, and required sources for procurement. Participants gained insights into the processes and guidelines essential for contracting with the USDA.

• Contracting rules
• USDA workshop
• Procurement regulations
• Government contracting
• Ethics in procurement

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1. United States Department of Agriculture Office of Contracting and Procurement Small Business Workshop 201 Day 1 Rules of Contracting with the US Department of Agriculture Presented By: Don Baker Date: April 13, 2022

2. Introductions The Deputy Director and Head of Contracting Activity is Don Baker Email address: donald.bakerjr@usda.gov The Director of the Office of Contracting and Procurement (OCP) is the Senior Procurement Executive (SPE), Tiffany Taylor The Office of Contracting and Procurement (OCP) falls under the Departmental Administration of USDA. 2

3. Background OCP oversees $9B in annual obligations. USDA follows the Code of Federal Regulations (CFR), the Federal Acquisition Regulation (FAR), the USDA Acquisition Regulation (AGAR), and procedures, guidance, and information (PGI) in the USDA Contracting Desk Book. 3

4. Roles & Responsibilities Contracting Officer (CO) The only official with authority to enter into, modify or terminate a contract. Contracting Officer s Representative (COR) Assures contractors are meeting the performance requirements of the contract in terms of quality, quantity, schedule and cost. Designated in writing by the CO. Program/Project Manager (P/PM) Ensures Government time and resources are used most effectively to meet project requirements. 4

5. Ethics in Procurement US Code Title 41, Chapter 7, Section 423, Restrictions on disclosing and obtaining contractor bid or proposal information or source selection information. 48 CFR 42108, Improper business practices and personal conflicts of interest. Code of Federal Regulations (CFR), 5 CFR 2635, Standards of ethical conduct for employees of the executive branch. FAR 3.101, Standards of conduct. 5

6. Unique Entity Identifier On April 4, 2022, the Federal Government transitioned from the Duns & Bradstreet number DUNS to a unique entity identifier (UEI). UEIs are created in the System for Award Management (SAM). Previous DUNS automatically converted to UEIs. FAR 4.11 requires all contractors be registered in SAM prior to being awarded a contract. 6

7. Required Sources FAR Part 8 Excess Property Acquisition of Helium Federal Prison Industries, Inc. (Unicor) Nonprofit Agencies Employing People Who are Blind or Severely Disabled (AbilityOne) Acquisition of Printing and Related Supplies Leasing of Motor Vehicles Wholesale supply sources such as GSA, DLA and VA. 7

8. Sustainability Ensure products meet sustainable acquisition requirements: Biobased, biopreferred.gov. Recycled content, epa.gov. Energy efficient, energy.gov. Water efficient, WaterSense. Environmentally preferable, Safer Choice. Non-ozone depleting, SNAP program. 8

9. Need to Know Contract opportunities at USDA and other Federal agencies are advertised in System for Award Management (SAM) above $25,000. SAM, link. Simplified Acquisition Threshold (SAT) is $250,000. SAT procedures can be used for commercial item procurements up to $7.5M Read and follow the solicitation carefully when bidding on a USDA contract. Submit a complete proposal Submit by the proposal due date/time After contract award, know the statement of work, terms and conditions, and due dates for deliverables. 9

10. Need to Know On-site performance requires compliance with COVID protocols, https://www.usda.gov/coronavirus. Contracts awarded with Government Furnished Equipment, badges/LincPasses, etc. may experience delays. FAR 52.217-8 and 52-217-9 these clauses allow the Government to exercise existing options in the contract to extend the period of performance. 10

11. Invoicing at USDA The USDA uses the Invoice Processing Platform (IPP), which is managed by the Department of Treasury. Benefits of IPP: Automatic application of FAR prompt payment. Government and contractors able to see routing details. Attachments can be uploaded directly. No need for separate invoicing system. 11

12. Resources Office of Contracting and Procurement website, link. OCP Policies and Regulations, link Ethics & Procurement Integrity, link. The FAR, link The Small Business Administration (SBA), Federal Contracting Assistance, link. The Office of Small & Disadvantaged Business Utilization (OSDBU) at USDA works to engage small businesses and manages the Forecast of Procurement Opportunities for USDA, https://www.dm.usda.gov/smallbus/forecast.htm 12