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NCMA JAX Newsletter Dec 2008

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NCMA JAX Newsletter Dec 2008 Powered By Docstoc
					                               Jacksonville Chapter
                             National Contract Management Association

                                                          Newsletter



Volume 10 Issue 2                                              2008- 2009 Program Year                           December 2008



                         “NCMA: Facing The Challenge”
                   Chapter Message                                         in our ranks chapter members who have contributed so
        ______________________________________________________________     much to our organization and the profession. This
          Susan Thibodeaux, President                                      award can be for an individual or chapter and in this
           2008- 2009 Program Year                                         case, you, the membership of the chapter, are the
                                                                           recipients.
Dear Fellow Chapter Members,
                                                                           I will be flying to the Mid-Year Leadership Conference
It has been a busy and productive fall. We've had                          in January to accept these awards on behalf of our
some excellent programs and speakers. We've also                           Chapter. I am proud to represent you because I don't
been notified that our Chapter has received recognition                    think there is a more dedicated or harder working
in the form of NCMA awards. First, we were notified                        groups than all of you. You are truly deserving of both
that we are again recipients of the Gold Graalman.                         these awards.
The Graalman awards are based on our Annual Report
which reflects on all the chapter and its members have   We have some excellent lunch workshops planned and
accomplished during the preceding year. It also shows    don't forget the National Education Seminar in May.
that our chapter works toward NCMA's National            Each member who attends a monthly luncheon/
Objectives and that we bring value to our membership.    workshop from November 08 through April 09 will be
                                                         entered into a drawing for a free registration at our
The second award we have been notified about is the NES in May. Each meeting will equal another chance
James E. Cravens Membership Award. This in the drawing.
prestigious award recognizes individuals and chapters
who have provided outstanding volunteer service in Finally, I wish you all a Merry Christmas and a safe
roles that contribute to the overall excellence and well holiday period. Thanks for all you do and I look
being of the chapter. We are fortunate, indeed, to have forward to seeing you in January.

NCMA Homepage: http://www.ncmahq.org/
JAX Homepage: http://intranet.ncmahq.org/Jacksonville/
Volume 10 Issue 2                                                                                                                               December 2008


                                                                                                       Jan 15,   Foreign Sourcing and Foreign Sales in
Susan                                                                                                  2009      Government Contracts: Issues Involving
904.542.3356/4030                                                                                                Country of Origin and Export Controls
ThibodeauxSB@iaphill.com                                                                                         Audio Seminar
thibodes@yahoo.com                                                                                               The world may be flat, but government
                                                                                                                 contracting is less flat than the rest of the
                                                                                                                 world. This program will explore some of
    ***********************************                                                                          the key international issues in US
                       Chapter Initiatives                                                                       Government contracting.
     ------------------------------------------------------------------------------------------
                                                                                                       Jan 20,   Cost Estimating Fundamentals - Q&A
                                                                                                       2009      Audio Seminar
The NCMA JAX Chapter intends to post a
                                                                                                                 Cost estimates are used as a primary
consolidated list of free government and commercial
                                                                                                                 mechanism to identify, allocate and
web sites that feature information of use to our
                                                                                                                 mitigate risks between and among
members. Although we already have identified many
                                                                                                                 contracting parties. Given the importance
of the more popular sites, chapter members are
                                                                                                                 of cost estimating to contracting parties,
encouraged to submit additional web sites with which
                                                                                                                 experts will answer your questions about
they have experience for inclusion into the new listing.
                                                                                                                 some of the critical cost estimating
                                                                                                                 challenges facing both US Government
Our goal is to have the final list available by the end of
                                                                                                                 agencies and industry.
February 2009.
                                                     January                                                     Cost Estimating and Contract Pricing
Candidate web sites may be submitted to Bill Swan at 23, 2009                                                    National Education Seminar
twoswans@hotmail.com or jimkrause@krauselaw.net                                                                  Luxor Las Vegas Resort Hotel and Casino,
and Paul Arrington at p.arrington@unf.edu for                                                                    3900 Las Vegas Boulevard South, Las
consideration.                                                                                                   Vegas, Nevada
                                                     Jan 24,                                                     Mid-Year Leadership Conference 2009
                                                     2009                                                        Education Conference
The W. Gregor Macfarlan Excellence in                                                                            Join NCMA in Las Vegas, Nevada, for our
                                                                                                                 2009 Annual Leadership Mid-Year
 Contract Management Research and                                                                                Conference. This important event will be
          Writing Program                                                                                        held at only one location this year—The
                                                                                                                 Luxor Hotel in Las Vegas. The full
For those who may be preparing papers,                                                                           conference, as well as the Chapter
don’t forget the deadline of 11:59 p.m.                                                                          Leadership meeting, will be held on
Eastern time on December 31, 2008!                                                                               Saturday, January 24. The CMLDP class
                                                                                                                 will meet on Thursday, January 22, and a
     NCMA AUDIO SEMINARS                                                                                         National Education Seminar is scheduled
                                                                                                                 for Friday, January 23.
                                                                                                       Jan 27,   Solicitations, Bids, Proposals, and Source
                                                                                                       2009      Selection
                                                                                                                 National Education Seminar
                                                                                                                 Oracle Corporation, 1910 Oracle Way,
Upcoming Events                                                                                                  Reston, Virginia
                                                    View all upcoming events                      >>
                                                                                                       Jan 29,   Cost Estimating and Contract Pricing

                                                                                                   -2-
Volume 10 Issue 2                                                                                                                                                                         December 2008


2009               National Education Seminar                                                                     Membership Milestones
                                                                                                            ------------------------------------------------------------------------------------------
                   Atlanta Housing Authority, 230 John
                   Wesley Dobbs Avenue, Atlanta, Georgia                                                             5 Year Membership
                                                                                                         Mr. Donald Tempest, Kings Bay, GA
                                                                                                         Ms. Karen NeJame, The Boeing Company
 NCMA is on the Air! Tune in to NCMA’s new
                                                                                                                     10 Year Membership
          weekly radio program!                                                                          Mr. Paul Arrington, Regional Chamber of
                                                                                                             Commerce, City of Jacksonville
Don’t forget to tune in to NCMA’s new weekly radio
                                                                                                         Ms. Sharon Norris, BAE Systems
program, Government Contracting Weekly, at 10:00
                                                                                                         Ms. Patricia Murphy, Crowley Maritime
a.m. EST on Tuesdays. Hear agency and industry
                                                                                                             Corporation
experts discuss topics relevant to all aspects of contract
management, such as planning, conducting, and
                                                                                                                    15 Year Membership
documenting successful contract negotiations.
                                                                                                         Ms. Colleen O’Keefe, US Army Corps of
                                                                                                             Engineers
If you live in the DC metro area tune in to Federal                                                      Mr. Gary Murphy, NAVFAC, NAS JAX
News Radio AM 1500.                                                                                      Mr. Jim Sheriff, US Army Corps of Engineers
Live outside the area? No problem, just go to the Web                                                               20 Year Membership
site www.federalnewsradio.com and click on                                                               Mr. Randall Morris, ValueOptions, TRICARE
―LISTEN LIVE.‖                                                                                               South
If you ever miss a show, you can go to Federal News                                                                 25 Year Membership
Radio Web site at any time to download the                                                               Ms. Sue Troche, Jacksonville
broadcast.

    ***********************************                                                                 ***********************************
                    Chapter Recognition                                                                    CONTRACT MANAGEMENT
     ------------------------------------------------------------------------------------------

We have gained several new members recently. New
Chapter members include the following:
                                                                                                                  NEWS
                                                                                                             ------------------------------------------------------------------------------------------

                                                                                                                From November - December 2008
    Mr. Michael Weber, Department of Management
        Services, Tallahassee                                                                       December
    Mr. John Davidson, IAP Worldwide Services,                                                      Award Nomination Deadlines are Approaching Fast!
        Panama City                                                                                 — December 17, 2008
    Mr. Mark Fresonke, Timco Aviation Services,                                                     The Charles Delaney Memorial Annual Award
        Lake City                                                                                   (honoring authors of well-written, relevant articles for
    Ms. Danielle Brown, General Dynamics Land                                                       Contract Management magazine) and the Excellence in
        Systems, Tallahassee                                                                        Contracting Professionalism Award (for contracting
    Mr. James McDermott, LSI, Inc., Jacksonville                                                    professionals who have contributed significantly to
                                                                                                    acquisition operations or acquisition policy) are due by
                                                                                                    the end of December, 2008!

                                                                                                    Self-reporting Rule for Contractors Takes Effect —
    ***********************************                                                             December 14, 2008

                                                                                                  -3-
Volume 10 Issue 2                                                                                    December 2008

The controversial new Federal Acquisition Regulation      hiring, and training have made progress.
rule requiring contractors to disclose government
overpayments and their own criminal contracting          GAO REPORT: Agency Should Assess Resources
violations went into effect Dec. 12 at 9 a.m.            Devoted to Contracting and Improve Several Processes
                                                         in the 8(a) Program — November 24, 2008
Confusion Hinders Use of GSA Schedule Contracts — SBA reviews prior year goal achievement and other
December 9, 2008                                         factors to set individual contracting goals necessary for
Information technology security officials hesitate to    federal agencies to achieve the government wide goal
make purchases off the General Services                  of awarding 23 percent of federal contract dollars to
Administration's multiple awards schedules because       small businesses.
they view them as too confusing and overly
bureaucratic, according to a recent survey.              Why Contractor Fatalities Matter — November 24,
                                                         2008
Oversight, Workforce Remain Top Concerns in              This article asserts that, in a representative democracy,
Acquisition Survey — December 2, 2008                    public awareness of the human cost of our nation's
Acquisition professionals are being bludgeoned by        security and foreign policies is critical.
overbearing and often unnecessary oversight that is
being dictated by anecdotal mistakes by a handful of     Davis to Join Consulting Firm — November 17, 2008
federal contractors, according to the results of a new   Rep. Tom Davis, R-Va., will be joining Deloitte
survey released on Monday.                               Consulting to work in the federal practice area as a
                                                         nonlobbyist when he leaves Congress at the end of this
November                                                 session, CongressDaily reported Friday, citing two
                                                         sources.
Resources to Monitor Small Business Contracts Found
Lacking — November 25, 2008                              Former DOD Employee Gets Probation for Failing to
The Small Business Administration is having trouble      Report Income From Contracting Business —
fulfilling core contracting responsibilities such as     November 17, 2008
reviewing proposed acquisitions and recommending         A former Defense Department employee was
procurements that might be suitable for small business sentenced to probation for failing to report income she
set-asides, according to a new audit report.             earned when her business did work with the
                                                         department.
Acting GSA Administrator Backs Broad Cooperative
Purchasing Plan — November 24, 2008                      Pentagon Procurement, Budget Pose Big Challenges
The General Services Administration should open up       — November 17, 2008
all its supply schedules to state and local governments, The next U.S. administration must take quick action to
the head of the agency said on Thursday.                 reform the way the Pentagon buys weapons, terminate
                                                         some programs, and revamp how it creates annual
Defense Acquisition Official Gives Himself, Military     budgets, according to a think tank led by one of the
Low Marks — November 24, 2008                            leading contenders for the job of defense secretary.
A senior Pentagon official Thursday gave low marks to
each of the military services' procurement               DHS Private Sector Office News - Federal Contractors
organizations and said improvements must be made.        Required to Use E-Verify System — November 14,
                                                         2008
GAO REPORT: A Strategic Approach Is Needed to            Frequently Asked Questions: Before your company
Better Ensure the Acquisition Workforce Can Meet         enrolls in E-Verify
Mission Needs — November 24, 2008
DHS has undertaken several initiatives, mostly focused Defense Acquisition Caters to Bigger Companies —
on contract specialists, to begin addressing acquisition November 14, 2008
workforce challenges. Initiatives related to recruiting, Large companies often are better situated than small

                                                       -4-
Volume 10 Issue 2                                                                                     December 2008

ones to meet the Defense Department's acquisition          America in Arlington, Va.
needs, according to a report released on Wednesday.
                                                        Contractors Call for Less Partisan Rhetoric, More
New Ethics Rules Require Disclosure by Contractors      Substance — November 11, 2008
— November 14, 2008                                     The contracting community is eagerly watching the
Regulators have finalized revised and augmented         presidential and congressional transitions in hopes that
disclosure rules that lay out how the government        new leaders will appoint experienced and competent
expects contractors to monitor employees' wrongdoing procurement professionals and create a more
on government contracts, two organizations announced collaborative environment.
today.
                                                        Contractors Bidding Davis a Fond Farewell —
OMB Issues Memo on New Contractor Self-reporting November 10, 2008
Rule — November 14, 2008                                After 14 years representing Virginia's 11th
The Office of Management and Budget issued a            Congressional District, which includes Fairfax
memorandum to chief acquisition officers and senior     County's bastion of federal contractors, Republican
procurement executives on Thursday informing them       Rep. Tom Davis is retiring. His departure leaves a void
of a new rule requiring companies to disclose           for many executives who have relied on Davis to look
government overpayments and their own criminal          out for their companies' interests.
contracting violations.
                                                        Instead of Contracting, Some Businesses Find Ways to
USCIS Update: Federal Contractors Required to Use       Grow — November 10, 2008
E-Verify System — November 14, 2008                     The nation’s economy contracted in the more recent
Federal contractors and subcontractors will be required quarter, but that doesn’t mean all businesses are
to begin using the U.S. Citizenship and Immigration     shrinking or scaling back.
Services’ E-Verify system starting Jan. 15, 2009, to
verify their employees’ eligibility to legally work in  U.S. Firms Should Expect More Scrutiny Under
the United States. In a final rule scheduled to publish Obama — November 10, 2008
tomorrow in the Federal Register, the Civilian Agency Businesses should expect more scrutiny of their books,
Acquisition Council and the Defense Acquisition         moves to expand health insurance, an end to no-bid
Regulations Council amended the Federal Acquisition Pentagon contracting and a host of other changes when
Regulation (FAR) to reflect this change.                President-elect Barack Obama takes office.

New Ethics Rules Require Disclosure by Contractors         Federal Government’s Contracting Quota for Small
— November 13, 2008                                        (Racially) Disadvantaged Businesses Found
Regulators have finalized revised and augmented            Unconstitutional — November 6, 2008
disclosure rules that lay out how the government           Rothe raises an important Federal Constitutional issue.
expects contractors to monitor employees' wrongdoing       In Rothe, the Federal Circuit has held that the statutory
on government contracts, two organizations announced       quota for governmental contracts with "small
today.                                                     disadvantaged business" is facially unconstitutional as
                                                           a race-based violation of the right to equal protection
U.S. Military Set to Reduce Spending on Aircraft           (through the Due Process Clause of the Fifth
Procurement and Research — November 12, 2008               Amendment).
The U.S. Department of Defense will cut spending for
                                                           Call for 2009–2010 Contract Management Leadership
aircraft acquisition and research over the next decade
                                                           Development Program Applications
from $56 billion this year to $42 billion in 2019, say     Applications are now being accepted for admission to the
defense industry analysts who are members of the           2009 – 2010 NCMA Contract Management Leadership
Government Electronics Industry Association (GEIA)         Development Program (CMLDP). This program is
segment of the Information Technology Association of       designed to help develop the next generation of contract

                                                         -5-
Volume 10 Issue 2                                                                                             December 2008

management leaders through an intensive year-long                  Confusion Hinders Use of GSA Schedule Contracts
educational experience. Program participants will receive          Information technology security officials hesitate to make
180 hours of top quality training in fundamental                   purchases off the General Services Administration’s
leadership, soft skills, and contract management. The              multiple awards schedules because they view them as too
program is quite relevant to contract management                   confusing and overly bureaucratic, according to a recent
professionals regardless of their employer, location, or           survey.
industry.
                                                                   Oversight, Workforce Remain Top Concerns in
Self-reporting Rule for Contractors Takes Effect                   Acquisition Survey
The controversial new Federal Acquisition Regulation rule          Acquisition professionals are being bludgeoned by
requiring contractors to disclose government                       overbearing and often unnecessary oversight that is being
overpayments and their own criminal contracting                    dictated by anecdotal mistakes by a handful of federal
violations went into effect December 12 at 9am.                    contractors, according to the results of a new survey
                                                                   released on Monday.
The Deadline for Macfarlan Program Paper Submissions
is Approaching—December 31!
NCMA welcomes submissions of papers for the Third
Annual Macfarlan Excellence in Contract Management
                                                                        NCMA Education Conferences
Research and Writing Program. First-place winners are          Mid-Year Leadership Conference 2009
awarded $5,000, publication of their papers in the Journal
of Contract Management, and an invitation to present           Mark your calendar!
their papers at World Congress 2009.                           January 23–24, 2009
                                                               Luxor Hotel, Las Vegas, Nevada
Mark your calendar!
January 23–24, 2009
                                                               The 2009 Mid-Year Leadership Conference will be
Luxor Hotel, Las Vegas, Nevada                                 held at only one location this year—the Luxor Hotel in
                                                               Las Vegas. The Chapter Leadership meeting will be
The 2009 Mid-Year Leadership Conference will be held           held on Saturday, January 24. The CMLDP class will
at only one location this year—the Luxor Hotel in Las          meet on Thursday, January 22, and a National
Vegas. The Chapter Leadership meeting will be held on
                                                               Education Seminar is scheduled for Friday, January 23.
Saturday, January 24. The CMLDP class will meet on
Thursday, January 22, and a National Education Seminar
is scheduled for Friday, January 23.
                                                                      Policy Revision Aims to Improve
NCMA's Mid-Year Leadership conference is the
premier annual event for current and future NCMA                             Acquisition Process
chapter leaders.                                               By Donna Miles, American Forces Press Service
Read More!                                                     WASHINGTON, Dec. 4, 2008 – A new Defense
                                                               Department acquisition policy is designed to reduce
Confusion Hinders Use of GSA Schedule Contracts
                                                               delays and cost overruns that often plague the
Information technology security officials hesitate to make
purchases off the General Services Administration’s            acquisition process, a senior defense official said
multiple awards schedules because they view them as too        today.
confusing and overly bureaucratic, according to a recent
survey.                                                        John Young, undersecretary of defense for acquisition,
                                                               technology and logistics, and a major force behind the
Oversight, Workforce Remain Top Concerns in
                                                               new first major revision to the department’s
Acquisition Survey
Acquisition professionals are being bludgeoned by              acquisition policy in more than five years, approved
overbearing and often unnecessary oversight that is being      the policy Dec. 2.
dictated by anecdotal mistakes by a handful of federal
contractors, according to the results of a new survey          The revision took effect immediately and impacts the
released on Monday.                                            full scope of defense acquisition programs, including

                                                             -6-
Volume 10 Issue 2                                                                                 December 2008

everything from major weapons systems to of technical risk are substantially eliminated, and that
information systems, Skip Hawthorne, a senior our ability to achieve planned cost and schedule
acquisition analyst, told American Forces Press outcomes significantly improved.‖
Service.
                                                      The new acquisition policy includes another key
In a nutshell, the policy introduces more up-front provision that prevents program developers from
investment and prototype development before adding new requirements after a contract is awarded.
programs are started, and stops after-the-fact So-called ―configuration steering boards‖ will
requirements changes that delay the process and drive eliminate this practice, which Hawthorne said too
up costs, Hawthorne explained.                        often has slowed down programs and increased costs.

―In broad terms, we wanted to make sure that our ―The whole notion is to reject those kinds of changes
programs were conceived, designed and executed more and ensure the program remains stable, within its
effectively than before,‖ he said.                        funding and within schedule, so the outcome to
                                                          warfighters is produced on schedule and contributes to
The policy affects systems from the drawing-board their warfighting capability,‖ he said.
stage of technology development -- referred to in
acquisition circles as ―Milestone A.‖
                                                          Young called the new policy a major step forward as
Before promising, but not yet proven, technology is the department makes good on Defense Secretary
incorporated into a system to be developed, it first will Robert M. Gates’ goal of improving the acquisition
be demonstrated on a prototype, Hawthorne said. The process. ―The directive reflects the conviction that our
concept isn’t new. Young initiated a competitive polices must be more disciplined and effective to
prototyping policy in September to ensure technologies ensure the results are more predictable, and that we are
were ―mature and demonstrated‖ before the systems better stewards of taxpayer dollars,‖ he said.
they were to be used in advanced to the engineering
and manufacturing development stage.                      Hawthorne agreed. ―We want to be good stewards of
                                                          the taxpayers’ dollars and we want to produce the
The new policy makes this step mandatory, with the maximum capability for every dollar we spend,‖ he
Defense Department to award competitive contracts to said. ―We can’t afford, especially in tight budget times,
develop prototypes.                                       to waste a single dollar. We need to be able to produce
                                                          capability and produce it on time and within cost.‖
―Now, if a program has not demonstrated key
technologies, we will prototype them,‖ Hawthorne
said. ―As a result, we’ll have better information about
how well we are doing instead of accepting assertions
                                                                    GOVEXEC.COM
of capability. The key technologies must be                              Say No to Yes Men
demonstrated before we begin the engineering phase of By Brian Friel bfriel@nationaljournal.com December
development.‖                                             17, 2008

Once the technologies are proven, the department will Everyone does stupid things -- some more stupid than
award a development contract.                             others and some more frequently than most. People
                                                          make mistakes, bad decisions and poor judgment calls.
―The whole notion is that the investment up front will Managers and leaders are not immune to this human
result in greater knowledge and greater stability as we condition. So it behooves good leaders to surround
initiate the program,‖ Hawthorne said. ―Our objective themselves with people who are willing and able to tell
is to ensure that cost and schedule increases as a result them when an idea just isn't up to snuff.

                                                       -7-
Volume 10 Issue 2                                                                                     December 2008

                                                             that advice.
For an extreme example, look no further than the
criminal complaint outlining the federal government's        Egocentric bosses such as Blagojevich naturally attract
case against Gov. Rod Blagojevich, the Illinois              yes men of both varieties. Normal managers don't, but
Democrat who aimed to sell the vacant U.S. Senate            it's still important for leaders to guard against any
seat of President-elect Barack Obama. The Govern-            tendency to squash dissent. The idea is not to
ment's wiretaps captured Blagojevich proposing               encourage dissent for dissent's sake, but to encourage
various schemes to profit from his appointment               subordinates to share their thoughts on the potential
authority for the Senate seat. They also captured his        pitfalls of various approaches -- or to strongly object
employees and advisers largely playing along with            when they know an idea crosses ethical or legal
him.                                                         boundaries. In the short term, it can hurt to hear one's
                                                             ideas get beaten down. In the long term, listening to
At one point, the criminal complaint describes a two-        dissenting opinions that kill bad ideas is in a leader's
hour conversation. Blagojevich discusses a convoluted        best interest. Just ask Blagojevich.
scheme in which he would get a cushy union job in            Brian Friel covered management and human
return for the Senate appointment. The advisers              resources at Government Executive for six years and
question details only. "One of Rod Blagojevich's             is now a National Journal staff correspondent.
advisors said he likes the idea, it sounds like a good       Above article obtained from the World-Wide-Web
idea, but advised Rod Blagojevich to be leery of             and reprinted for non-commercial purposes with
promises for something two years from now," the              acknowledgement of the source and author.
complaint explains. A variety of similar schemes             This document is located at:
come and go, some weirder than others, such as an http://www.govexec.com/dailyfed/1208/121708mm.htm
idea to convince Obama to get billionaires Warren
Buffett and Bill Gates to help set up a foundation for
Blagojevich to lead. The employees and advisers
promise to follow up on the ideas.                                      GOVEXEC.COM
                                                      Resources to Monitor Small Business
In the criminal complaint, Blagojevich's subordinates      Contracts Found Lacking
come off poorly as they plot with him. Such yes men
generally fall into two categories. The first set -- quite   By Robert Brodsky rbrodsky@govexec.com November
common in politics -- consists of sycophants who view        25, 2008
their jobs as constantly assuaging their bosses' egos        The Small Business Administration is having trouble
and doing as they're told. The second -- common              fulfilling core contracting responsibilities such as
throughout the working world -- is made up of normal         reviewing proposed acquisitions and recommending
people with good heads on their shoulders who have           procurements that might be suitable for small business
learned not to challenge their bosses. They go along to      set-asides, according to a new audit report.
get along. If Blagojevich's advisers fell in this camp,
then they may have known that his ideas were bonkers,        "Years of SBA downsizing and budget reductions
but they saw no point in raising objections because          significantly reduced the resources available for these
they believed the Governor would not respond                 agency functions," the Government Accountability
constructively.                                              Office concluded in a report issued on Friday to the
                                                             House Homeland Security Committee.
Indeed, Blagojevich confirmed such suspicions when
he revealed that two consultants had recommended             As of August, SBA employed 59 procurement center
that he just appoint whomever Obama wanted and               representatives, many of whom were assigned to as
expect nothing in return. Through a string of F-bombs,       many as six agencies. Some procurement
Blagojevich made it clear that he wouldn't be taking         representatives -- who initiate small business set-aside

                                                         -8-
Volume 10 Issue 2                                                                                    December 2008

contracts, recommend procurement strategies and            decided. Under this requirement, the government must
assess agencies' compliance with small business            prove that the preference is "narrowly tailored to serve
programs -- told auditors they were stretched too thin.    a compelling government interest."
Meanwhile, agency contracting officials told
investigators they rarely interacted with their assigned  "Because Congress did not have a 'strong basis of
representatives.                                          evidence' upon which to conclude that DoD was a
                                                          passive participant in pervasive, nationwide racial
Full story:                                               discrimination -- at least not on the evidence produced
http://www.govexec.com/story_page.cfm?articleid=41 by DoD and relied on by the district court in this case -
495&dcn=e_gvet                                            - the statute fails strict scrutiny," the decision stated.
                                                          Defense's practice of giving minority companies a 10
                                                          percent price credit meant that companies owned by
            GOVEXEC.COM                                   certain socially and economically disadvantaged
        Court Decision Voids Major                        groups did not have to be the lowest bidder to win
     Small Business Contracting Law                       federal contracts, and helped the department achieve
By Elizabeth Newell enewell@govexec.com November the congressionally mandated goal. Defense is required
6, 2008                                                   to waive price adjustments if it is meeting the small
                                                          business goals, and has not employed adjustments
A federal appeals court has thrown out a law since March 2007.
establishing a 5 percent goal for awarding defense
contracts to small businesses owned by socially and The initial suit was filed in 1998 by Rothe
economically disadvantaged individuals.                   Development Corp., a Texas-based information tech-
                                                          nology company that lost a Defense contract to an
The decision has the potential to invalidate the small Asian-American-owned business. Rothe, owned by a
disadvantaged and 8(a) contracting programs, which Caucasian woman, had been the lowest bidder.
help socially and economically disadvantaged firms
win billions of dollars in federal contracts every year.  David Barton, of the San Antonio-based Gardner Law
                                                          Firm, who represented Rothe, said the decision will
The opinion, issued by Judge Xavier Rodriguez of the force minority-owned businesses to compete on an
U.S. Court of Appeals for the Federal Circuit, strikes equal playing field.
down a legislative provision, first enacted in 1986 and
renewed numerous times since, which sets a goal that "If they know they're going to have to bid like
5 percent of federal defense contracting dollars each everybody else, it's going to make their bidding more
fiscal year must be awarded to certain entities, difficult, but it opens up bidding for nonminority
including small disadvantaged companies.                  businesses -- not certified minority businesses --
                                                          because they don't have to worry about putting in the
The court noted that this provision incorporates the lowest bid and still getting whacked down," Barton
1953 Small Business Act's presumption that African- said.
American, Asian-American, Hispanic-American and
Native American business owners are socially Barton said in addition to a small $10,000 monetary
disadvantaged.                                            award limited by statute, Rothe was granted
                                                          declaratory relief finding that the law was
The provision therefore violates the equal protection unconstitutional. The Defense Department was ordered
component of the Fifth Amendment right to due not to employ the statute or race-based contracting
process, because it authorizes the Defense Department preferences.
to afford preferential treatment on the basis of race and
does not meet a "strict scrutiny" standard, Rodriguez Guy Timberlake, chief executive officer of the

                                                        -9-
Volume 10 Issue 2                                                                                    December 2008

American Small Business Coalition, said the full                            by Dr. Rachna D. Jain
impact of the decision is unclear, but that it seems to
invalidate elements of the small disadvantaged             It's a fact of life - if you want to succeed in business,
business program and the federal contracting               you need to know how to interact and communicate
component of the 8(a) business development program.        effectively with your employees, business partners,
"This specifically applies to [small disadvantaged         vendors, prospects, and customers. As a small business
businesses and] does not on the surface directly impact    owner, this might involve rapid shifting from one type
8(a) or the other social economic programs, but it         of language to another. For example, how you'd
potentially could depending on who was going to run        explain your expectations to your employees might be
this ruling up the flagpole," Timberlake said. "Woman-     different than how you'd convey these to your business
owned, 8(a), all the programs under [the Small             partner or potential client.
Business Administration] are based on a
socioeconomic designation. My concern is that this         As we all know, sometimes language breaks down, and
court is saying the entire small business program is       communication grinds to a halt. This can leave the
unconstitutional."                                         owner feeling irritable, angry, frustrated... and with a
                                                           desire to vent to his/her employees or staff.
Timberlake noted that elements of these programs           While there may be instances that such sharing would
have been rolled back in recent months, with SBA           be appropriate or helpful, there are many instances
announcing that small disadvantaged businesses would       where this is not the case, and venting anyway may
be able to self-certify. SBA, along with the Justice       result in a significant loss of credibility and respect
Department, also used concerns about constitutionality     from key employees and contacts.
to explain delays in implementing the women-owned          So, what are some effective ways to manage emotions
small business program.                                    in the work environment?

Agencies such as NASA, which also employed the 10       1. Good self-care is the best medicine. An employer
percent price credit, have rolled back that practice andwho tends to his/her own physical, emotional and
Barton said that is a direct result of the ongoing      mental needs, regularly, is going to be more adept at
lawsuit.                                                managing negative or hostile emotions at work. Start
                                                        with adequate sleep, good nutrition, and regular
"Limitations on this [price credit] statute have been exercise.
implemented since we filed suit in 1998. They just
don't want to go far enough, because politically they 2. Know what anger and frustration feels like to
feel they have to keep the program," Barton said.       you - both in your head and in your body.
Defense spokeswoman Cheryl Irwin said the Sometimes, we can get really ―cut off‖ from our
department was reviewing the ruling, along with the feelings and act rashly without knowing why. Spend
Justice Department.                                     some time knowing what anger feels like to you, and
Above article obtained from the World-Wide-Web where you notice it in your body.
and reprinted for non-commercial purposes with
acknowledgement of the source and author.               3. Take a 10 minute walk. When you desire to ―vent‖,
This document is located at:                            excuse yourself from the office and take a brisk 10
http://www.govexec.com/story_page.cfm?articleid=41367&d minute walk around the parking lot or neighborhood.
cn=e_gvet                                               This will clear your mind and may save you from
                                                        losing your temper.

                                                           4. Vent to a mentor, coach, or trusted colleague.
      10 Tips to Cope with Negative                        The act of sharing your frustration and fears will calm
           Emotions at Work                                you down. These people can support you and help you

                                                       -10-
Volume 10 Issue 2                                                                                 December 2008

move forward.                                       otions.htm
                                                    Dr. Rachna D. Jain is a consulting psychologist who
5. Ask, “What am I afraid of?” Most often, anger or helps her clients succeed in business and in life. Learn
frustration appears when one of our fears has been more at http://www.SalesandMarketingCoach.com.
activated. By going directly for the source of your
feelings, you may be able to short-circuit them.

6. Make an exhaustive “do not want” list. In this list,
                                                                    GOVEXEC.COM
you write down everything you do NOT want in the           Panel Issues Preliminary Advice for
situation such as ―to look foolish‖, ―to be unprepared‖,             Defense Audit Agency
etc. Once you write this all down - ALL OF IT- you By Elizabeth Newell enewell@govexec.com October
will clear your mind and be ready to generate 24, 2008
productive solutions.
                                                         An independent Defense Business Board panel on
7. Distract yourself. Sometimes, getting your mind off Thursday unveiled draft recommendations aimed at
the upsetting subject is enough to calm you down. fixing persistent management problems at the Defense
Consider closing your door and playing computer Contract Audit Agency.
games or something equally mindless (but absorbing).
Shifting your focus will shift your attitude.            During a public meeting, the review panel issued 14
                                                         recommendations to various leaders from the Defense
8. Ask, “What's working about this situation?” This Department and DCAA. The audit agency has been
tip comes from Kurt Wright's book, ―Breaking the under scrutiny since the release of a July report from
Rules‖, and suggests that we all can manage stress the Government Accountability Office showing
better if we start looking at ―what's working‖ rather improper influence by contractors and management on
than ―what's wrong‖. Many times, communication the audit process.
breakdowns or glitches can show you where better
systems need to be created and placed and ultimately, A panel of the Defense Business Board, an
will enhance the viability of your organization.         independent group of corporate executives established
                                                         in 2001 by then-Secretary Donald Rumsfeld to bring
9. Take an action. Sometimes, when one piece of the private sector best practices to the department, was
business plan isn't moving, it may mean that another asked to look into the DCAA issues shortly after the
part is ready to be acted upon. Rather than feeling release of the watchdog agency's report.
annoyed and frustrated, transform that energy into
positive movement forward, where you can.                The advice runs the gamut from extremely general --
                                                         such as "revise the DCAA mission to expressly
10. Make a strong request. If you would like identify the taxpayer as the primary customer..." and
something to be different, start the process of making "establish a strategic plan" -- to narrow and technical --
it so. Contact key people, letting them know that you'd such as "discontinue participation on integrated
like to work on the impasse, and make your needs and product teams and source selection evaluation boards."
those of your business known. Sometimes, just It falls into seven categories: strategic planning,
communicating about your desires in the form of an organizational           structure,      oversight,     audit
appropriate request can move situations along.           independence, business practices, workforce and
                                                         independent evaluation.
Regular use of these tips will help you stay well
balanced & happy as your business grows and In the strategic planning and organizational structure
flourishes. Try them and see!                            categories, the panel recommended fairly sweeping
http://www.businessknowhow.com/growth/copeem changes, including the development of a strategic plan

                                                      -11-
Volume 10 Issue 2                                                                                       December 2008

based on the modified mission. The plan would This document is located at:
contain clearly defined qualitative and quantitative http://www.govexec.com/story_page.cfm?articleid=41262&d
success measures. The panel also suggested DCAA cn=e_gvet
create chief operating officer, chief planning and
quality officer, and chief of internal review-type
positions to provide "consistent governance, control                    GOVEXEC.COM
and quality assurance across the agency."
                                                                    Set-Asides still offer Billions
Cmdr. Darryn James, a Defense spokesman, said the                    in Contracting Prospects
recommendations were discussed briefly at the               By Elizabeth Newell enewell@govexec.com October 9,
Defense Business Board meeting on Thursday and              2008
minor changes may have resulted from the public
discussion. The recommendations were then passed            Growth in prime contracts awarded to small businesses
along to the deputy Defense secretary for                   is leveling off, but the top opportunities still offer more
consideration.                                              than $8.5 billion in potential value, according to a new
                                                            report from the research firm INPUT.
James said it's too soon to tell yet if the recommenda-
tions will be adopted, but Defense and DCAA leaders While spending is moving toward multiple award, task
will consider the panel's ideas as they address the audit order-based contracts, federal agencies still are
agency's issues.                                          committed to meeting small business goals, the report
                                                          noted. In fiscal 2000, the government awarded prime
"The [Defense Business Board] panel is a concrete contracts valued at $208.8 billion to small businesses,
example, not just words," James said. "It's something INPUT said. That number had more than doubled to
they're able to do quickly to take a look at this. If $436.4 billion by fiscal 2007, according to the report.
you've got a problem you can ask these very smart The value continues to increase, according to INPUT's
business leaders to take a look at it and come at it from report, though it is not rising as fast since agencies are
a very thoughtful way."                                   nearing the congressionally mandated goal of awarding
                                                          23 percent of contracting dollars to small businesses
But not everyone sees the recommendations as novel. annually.
One current DCAA auditor, who requested anonymity,
said many appeared simply to involve re-labeling "Although we commonly hear that federal agencies are
existing DCAA policies.                                       not meeting their small business set-aside goals, the
                                                              data shows that the situation is clearly improving," said
"As a presidential candidate said earlier this summer, Alex Rossino, senior analyst at INPUT. "Further
'You can put lipstick on a pig, but it is still a pig,' " the pressure from Congress and more accurate tracking of
auditor said. "I look at it as a bunch of window small business procurement by the Small Business
dressing of policies we already had. The ones that got Administration suggest that federal agencies will edge
the spotlight had the names changed to protect the even closer toward meeting their small business set-
guilty. It does not appear that they are going to go aside contracting goals in the coming years."
away."                                                        Most of the top 10 set-aside opportunities in fiscal
                                                              2009 are reserved for small businesses, but there are
DCAA is conducting its own internal reviews and is several for service disabled veteran-owned businesses
being further investigated by the Defense inspector and 8(a) firms as well.
general and GAO.
Above article obtained from the World-Wide-Web INPUT's analysts cautioned that a growing number of
and reprinted for non-commercial purposes with small business opportunities are encountering major
acknowledgement of the source and author.      delays. Of the top 10 fiscal 2008 small business

                                                         -12-
Volume 10 Issue 2                                                                                   December 2008

prospects the firm identified, five had a later request http://www.govexec.com/story_page.cfm?articleid=41168&d
for proposal release date than anticipated, three were in cn=e_gvet
source selection, one was canceled and one was placed
on hold. While the reasons for the delays varied, the
research firm found that contracting and program                     GOVEXEC.COM
offices governmentwide were taking longer to develop
                                                                SBA to Stop Certifying Small
requirements documents.
                                                                  Disadvantaged Businesses
"This trend is being driven by an increased desire        By Robert Brodsky rbrodsky@govexec.com October 6,
among government agencies to 'get it right' when it       2008
comes to acquisitions," the report stated. "Doing so
reduces vendor protests and agency procurement costs, The Small Business Administration will no longer
even though it takes longer to get programs up and    verify the status of companies seeking certification as
running."                                             small disadvantaged businesses, shifting the time-
                                                      consuming and costly application process to the
INPUT's report offers detailed information on the top companies themselves or to third parties.
10 opportunities and an analysis of the significance of
each. The following contracts made the list:              In an interim final rule published in the Federal
1. Air Force's NETCENTS II small business set-aside,      Register on Friday, SBA explained that the value of
with an estimated $4.2 billion ceiling;                   the small disadvantaged business designation has
2. Support to Assist the Assistant Secretary of the       tailed off in recent years as the financial incentives
Army's Manpower and Reserve Affairs, with an              have disappeared or been ignored.
estimated $1 billion ceiling;
3. Army's Space and Missile Defense Initiatives           "The SDB certification process is time-consuming and
Support III, with an estimated $730 million ceiling;      costly for small businesses and offers little to no
4. NASA's Multidisciplinary Engineering and               benefit," the agency noted in its explanation of
Technology Services II, with an estimated $500            program changes.
million ceiling;
5. Army's Strategic Sourcing Environmental Enterprise     As of Oct. 3, companies seeking to obtain federal
Services, with a $470 million ceiling;                    prime or subcontracts can self-certify their status as
6. Army's Information Technology Services small           small disadvantaged businesses -- an option that has
business, with a $400 million ceiling;                    been available since 2004 -- or use a third-party private
7. Federal Aviation Administration's Service              certification firm. In limited circumstances, the
Operations Support 7 and 8 -- recompete, with a $400      procuring agency can certify the company.
million ceiling;
8. Defense Information Systems Agency's DISN              Companies already certified as small disadvantaged or
Global Services Management small business with a          8(a) firms will not be affected until that status is
$300 million ceiling;                                     scheduled for renewal.
9. National Oceanic and Atmospheric Association
Link, with a $250 million ceiling;                        The SDB and 8(a) Business Development programs
10. Navy's Consolidated Afloat Network Enterprise         are designed to provide contracting assistance to small
Services Service-Oriented Architecture Integration        businesses that meet specific social, economic,
contract, with a $250 million ceiling.                    ownership and control eligibility criteria. Certification
Above article obtained from the World-Wide-Web            lasts for three years.
and reprinted for non-commercial purposes with
acknowledgement of the source and author.                 The Small Business Administration has certified more
This document is located at:                              than 2,800 small disadvantaged businesses and another

                                                      -13-
Volume 10 Issue 2                                                                                 December 2008

9,000 for the 8(a) program. About 12,000 to 13,000        The notice said self-certification "is cheaper, quicker
others have self-certified their status, according to     and less burdensome," than SBA certification, but
Calvin Jenkins, SBA's deputy associate administrator      there are potential drawbacks to the honor system.
for government contracting and business development.      Skeptics say self-certification could open the door for
For the past 10 years, the agency has certified SDBs on   unscrupulous companies to misrepresent themselves to
behalf of other agencies, which would then reimburse      become more attractive to agencies looking to beef up
SBA for the administrative costs associated with the      their small business numbers.
application process.
                                                          Without the price evaluation tool or any government-
Before December 2004, small disadvantaged                 wide set-aside contracts exclusively for small
businesses could receive a price evaluation adjustment    disadvantaged businesses, Jenkins doubts that
of up to 10 percent on their bids for contracts,          companies will have much incentive to misuse the
providing them a healthy advantage over competing         system. The agency, however, will continue to
firms. Then the statutory authority for the adjustment    investigate any protests about a company's SDB status,
expired for all but three agencies: the Defense           he said.
Department, NASA and the Coast Guard.
                                                          A spokeswoman for the Senate Small Business and
The Pentagon generally has ignored the price              Entrepreneurship Committee said the panel had no
adjustment tool while still relying heavily on SDB        concerns about the rule change.
contractors. In fiscal 2006, Defense awarded more than
$14.6 billion in prime contracts to small disadvantaged   The Small Business Administration expedited the rule
and 8(a) firms, representing more than 6 percent of its   without public comment after learning that most
total procurement spending and exceeding the 5            agencies would cease the certification reimbursement
percent statutory goal.                                   at the end of fiscal 2008. SBA will still accept
                                                          comments on the change through Nov. 3 and consider
NASA and the Coast Guard also rarely use the price        them in any potential revisions to the rule.
evaluation tool, and each consistently meets the 5        Above article obtained from the World-Wide-Web
percent goal. All three agencies will be allowed to use   and reprinted for non-commercial purposes with
the price adjustment through the end of fiscal 2009.      acknowledgement of the source and author.
Governmentwide, agencies awarded nearly $23 billion,      This document is located at:
or 6.7 percent, of prime contracts to small               http://www.govexec.com/story_page.cfm?articleid=41
disadvantaged businesses.                                 146&dcn=e_gvet

Since 1998, agencies have reimbursed the Small
Business Administration for $27.5 million in SDB
certification costs; they are obliged to pay another $1.2
                                                                     GOVEXEC.COM
million for fiscal 2008. In the absence of the price        Contract Dollars Awarded to Small
evaluation tool or any other potential benefit, agencies            Firms on the Rise
told SBA recently that they will cease all By Elizabeth Newell enewell@govexec.com October
reimbursements as of Sept. 30.                            22, 2008

"Without the SDB price evaluation adjustment for          Small firms won a record $83.2 billion in federal
prime contracts, there is no direct benefit to the SDB    prime contracts in fiscal 2007, according to the annual
firm, and the SDB designation is only used for            score card released on Wednesday by the Small
statistical purposes to determine governmentwide SDB      Business Administration.
goal achievement," the agency announcement said.
                                                          Small companies won almost $6 billion more in prime

                                                      -14-
Volume 10 Issue 2                                                                                    December 2008

contracts in fiscal 2007 than in fiscal 2006, SBA          for which size was not indicated in the Federal
reported. Federal agencies, however, still awarded only    Procurement Data System, nor does it include $64.8
22 percent of their contracting dollars to small           billion awarded to small firms through subcontracts.
business, short of the 23 percent governmentwide goal
and down from 22.8 percent in fiscal 2006.                 The government met only one of the five small
                                                           business goals for fiscal 2007. It exceeded its 5 percent
Sandy K. Baruah, SBA's acting administrator, said          goal for contracting with small disadvantaged
during a press conference that while the decrease in the   businesses, but fell short of targets for women-owned
percentage of contracting dollars going to small           small businesses, HUBZone companies and service-
businesses highlights the need for continued focus on      disabled veteran-owned small firms in addition to the
small business contracting, it also reflects a renewed     overall 23 percent goal. Only the Veterans Affairs and
commitment to accurate data.                               Energy departments and SBA met contracting goals in
                                                           all five categories. The Justice Department and the
"The data we're basing these numbers on is cleaner         U.S. Agency for International Development did not
than it has been in years past," Baruah said. "It still    meet the targets in any category.
needs to get better, but we're making progress literally
every year."                                             Raul Espinosa, founder of the Fairness in Procurement
                                                         Alliance, pointed out SBA's own admission that the
SBA, in concert with the Office of Management and federal government must "bolster its efforts across
Budget's procurement policy shop, completed a government to secure contracting opportunities for
"scrub" of miscoded small business data from the small businesses."
Federal Procurement Data System last year, he said.
Additionally, the agency instituted a rule in July 2007 "The current government efforts are not working and
that requires businesses to recertify their size status there is a need for a different entrepreneurial
after a merger or acquisition. If they no longer qualify approach," Espinosa said.
as small, then they will lose their status even on Above article obtained from the World-Wide-Web
contracts already in progress.                           and reprinted for non-commercial purposes with
                                                         acknowledgement of the source and author.
Baruah said the agency expects these steps will This document is located at:
improve data quality and eventually eliminate $5 http://www.govexec.com/story_page.cfm?articleid=41
billion to $10 billion in miscoded small business 247&dcn=e_gvet
contracts. He admitted, however, that the improvement
was ongoing and there likely are significant instances     Federal Contracting News & Articles
of miscoding in the data released on Wednesday.
                                                              EMC and Canon Abandon IT Contracts
With the federal government engaging in more than 6 Fewer vendors means less value for Federal electronics
million contracting actions annually, a reasonable error consumers.
rate of 1 percent will yield 60,000 mistakes, Baruah Read More…
said.
                                                              Planar's 3D Display Extends LCD Range
"That doesn't mean we should excuse errors," he said. StereoMirror tackles the challenge of 3D motion on a
"It doesn't mean we should be satisfied with the errors high resolution Monitor
that clearly do exist. It doesn't get this agency or any Read More…
other federal agency off the hook for ensuring more
accurate data. But I do want to put it in perspective."
The $83.2 billion in federal prime contracts for small
businesses does not include $3.9 billion in contracts

                                                       -15-
Volume 10 Issue 2                                                                                       December 2008

  EU Enlargement Offers Opportunities for GSA                free to email us to let us know what you would like to
                      Suppliers                              see here.
Opportunities are high and competition low in the EU         Read More…
for GSA Schedule holders to sell to ex-pat US
government agencies, but many vendors are not                   COMMUNICATION COMPANIES IN HIGH
capitalizing.                                                    DEMAND FOLLOWING VIRGINIA TECH
Read More…                                                                          TRAGEDY
                                                             Following the devastating attacks at Virginia Tech,
    Imported Electronics face Greater Scrutiny               several universities re-evaluated their campus security
GSA and other agencies are increasing scrutiny of            systems. In order to warn their students of danger,
items offered on supply contracts for non-compliance         many schools are exploring methods of mass
with Trade Agreements Act.                                   communication.
Read More…                                                   Read More…

SBA Issues Proposed Rule on Calculating Number                 STATES AND COMMUNITIES TURNING TO
                 of Employees                                 HIGH TECHNOLOGY TO REDUCE TRAFFIC
                                                                                  COLLISIONS
Read More…                                                   In an effort to reduce traffic related collisions, states
                                                             and large communities have increasingly begun to
   GSA Sand-bagging leads to MOBIS Rejections                install red-light cameras. This action has created an
GSA's MOBIS acquisition center and its contracting           active market for technology companies.
officers are finding increasingly novel bases to reject      Read More…
offers from service disabled veteran owned small
businesses.                                                  STATES’ PATTERN OF REBELLION TO REAL
Read More…                                                             ID ACT MAY LIMIT BIO-TECH
                                                                               OPPORTUNITIES
  New Rules for 3% Withholding on Government                 The 2005 REAL ID Act initially produced
                      Contracts                              opportunities for bio-tech companies in various states.
New tax rules require Federal, state, and local              However, the states rebellion against REAL ID, has
governments to withhold 3% of a contract’s total             put the longevity of the Act in doubt.
payments starting January 1, 2011.                           Read More…
Read More…
                                                                      THE REAL INSIDER THREAT
          Getting Paid by the Government                     Employee Violence is recognizable and in most cases
How do you run your company while you’re waiting             preventable… Training and Policy are the Keys to
for the government or prime contractor to pay?               Preventing Workplace Violence.
Read More…                                                   Read More…

   The “No Free Lunch” Rule of Subcontracting                    WHAT IS A DEPARTMENT OF DEFENSE
                                                                           FACILITY CLEARANCE?
Read More…                                                   What does it really take to qualify to bid on those juicy
                                                             classified federal contracts? How do I break thru that
       Federal Contracts Resource Center                     wall of red tape and get on the list of preferred bidders
Welcome to Federal Contracts Resource Center. We             in DOD?
are committed to making this THE resource for                Read More…
government buyers and contractors on the web. Feel
                                                                  OBTAINING YOUR DOD PERSONNEL

                                                          -16-
Volume 10 Issue 2                                                                                        December 2008

             SECURITY CLEARANCE                               against the type of long-range ballistic missile that
Much is said about classified contracts and the               could be used to attack the nation with a weapon of
clearances required to work on them. Understanding            mass destruction.
the process of how these clearances are obtained is an
important part of the business decision regarding             For this exercise, a threat-representative target missile
whether to pursue this lucrative financial base. To the       was launched from Kodiak, Alaska at 3:04pm (EST).
uninitiated decision maker, the security clearance            This long-range ballistic target was tracked by several
obstacle sometime seems insurmountable.                       land- and sea-based radars, which sent targeting
Read More…                                                    information to the interceptor missile. At 3:23pm
                                                              (EST)the Ground-Based Interceptor was launched
   COST ACCOUNTING STANDARDS (CAS)                            from the Ronald W. Reagan Missile Defense Site,
                     BOARD                                    located at Vandenberg Air Force Base, Calif. The
Current members of the Cost Accounting Standards              interceptor’s exoatmospheric kill vehicle was carried
(CAS) Board                                                   into the target’s predicted trajectory in space,
Read More…                                                    maneuvered to the target, performed discrimination,
                                                              and intercepted the threat warhead.
        PROPOSED FAR ETHICS RULES
                                                    This was the first time an operational crew located at
Rules proposed for contractors receiving awards worth
more than $5 million and involving work in excess ofthe alternate fire control center at Ft. Greely, Alaska
120 days                                            remotely launched the interceptor from Vandenberg
Read More…                                          AFB. In previous interceptor launches from
                                                    Vandenberg, military crews at the fire control center at
     SECOND PROPOSED PROCUREMENT                    Schriever AFB, Colo. remotely launched the
    REFORM BILL SEEKS TO STREAMLINE                 interceptor.
                   CONTRACTING                      The target was successfully tracked by a transportable
A second procurement reform bill is proposed in the AN/TPY-2 radar located in Juneau, Alaska, a U.S.
Senate.                                             Navy Aegis BMD ship with SPY-1 radar, the
Read More…                                          Upgraded Early Warning Radar at Beale Air Force
                                                    Base, Calif., and the Sea-Based X-band radar. Each
GSA’S MAS EXPRESS PROGRAM ACHIEVING sensor sent information to the fire control system,
     GOAL OF EXPEDITED AWARD TIME                   which integrated the data together to provide the most
GSA’s goal of cutting award time to 30 days is      accurate target trajectory for the interceptor.
delivering positive results.                        The interceptor’s exoatmospheric kill vehicle is the
Read More…                                          component that collides directly with a target warhead
                                                    in space to perform a ―hit to kill‖ intercept using only
 Missile Defense Flight Test Results in the force of the collision to totally destroy the target
                                                    warhead.
              Successful Intercept
                                                              Initial indications are that all components performed as
The Missile Defense Agency announced today it has
                                                              designed. Program officials will evaluate system
completed an important exercise and flight test
                                                              performance based upon telemetry and other data
involving a successful intercept by a ground-based
                                                              obtained during the test.
interceptor missile designed to protect the United
States against a limited long-range ballistic missile
                                                              This was the 37th successful hit-to-kill intercept out of
attack. The flight test results will help to further refine
                                                              47 attempts against missiles of all ranges since 2001.
the performance of numerous Ballistic Missile Defense
                                                              Operational Ground-Based Interceptors are currently
System (BMDS) elements able to provide a defense
                                                              deployed at Ft. Greely, Alaska, and Vandenberg AFB,

                                                          -17-
Volume 10 Issue 2                                                                                                                              December 2008

protecting the nation, our friends, and allies against                                                  General Services Administration
ballistic missile attack.
                                                                                                        GSAR Case 2007-G501: Protests, Disputes, and
Post Event video feed will come to DoD Pool (CNN)                                                       Appeals. Final Rule. (PDF Version) (December 9,
at approximately 8:00pm (EST) via Streambox from                                                        2008)
VAFB.                                                                                                   Information collection requirement regarding the
                                                                                                        Civilian Board of Contract Appeals (CBCA) Rules of
News media point of contact is Rick Lehner, Missile                                                     Procedure. (PDF Version) (December 9, 2008)
Defense Agency, at (703) 697-8997 or
richard.lehner@mda.mil.
                                                                                                        Small Business Administration
                                                                                                        Small Business Size Standards; Waiver of the
      ***********************************                                                               Nonmanufacturer Rule for Control Cable and
                                                                                                        Conductors; Trailers and Heavy Duty Truck Tractors;
    LINKS TO RULES & TOOLS                                                                              and Line Hardware (Insulator Strings) Manufacturing.
         YOU CAN USE                                                                                    (PDF Version) (December 5, 2008)
        ------------------------------------------------------------------------------------------

Federal Acquisition Regulation
                                                                                                        Department of Veterans Affairs Acquisition
                                                                                                        Regulation
Information collection:
                                                                                                        Collecting of information. Mentor-Protege Program
Organization and Direction of Work. (PDF Version)
                                                                                                        Application and Reports. (PDF Version) (December 5,
(December 3, 2008)
                                                                                                        2008)
Overtime. (PDF Version) (December 3, 2008)
Material and Workmanship. (PDF Version)
                                                                                                        Defense Federal Acquisition Regulation
(December 3, 2008)
                                                                                                        Supplement
A request to review and approve an extension of a
currently approved information collection requirement Notice of waiver of 10 U.S.C. 2534 for certain defense
concerning evaluation of export offers. (PDF Version) items produced in the United Kingdom. (PDF
(December 15, 2008)                                   Version) (December 2, 2008)
Internal Revenue Service                                                                                General Services Administration
Withholding Under Internal Revenue Code Section
3402(t). (PDF Version) (December 10, 2008)                                                              GSAR 2008-G509: Rewrite of Part 536, Construction
                                                                                                        and Architect-Engineer Contracts. (PDF Version)
Federal Acquisition Regulation                                                                          (December 2, 2008)

Transportation Requirements. (PDF Version)                                                              National Aeronautics and Space Administration
(December 11, 2008)
                                                                                                        Government Property. (PDF Version) (December 2,
Information collection requirement concerning freight
                                                                                                        2008)
classification description. (PDF Version) (December
                                                                                                        Information Technology (IT) Security. (PDF Version)
9, 2008)
                                                                                                        (December 2, 2008)
Information collection requirement
concerning incentive contracts. (PDF Version)                                                           Correction to Federal Acquisition Circular 2005-29
(December 9, 2008)


                                                                                                     -18-
Volume 10 Issue 2                                                                                  December 2008

Correction to FAR Case 2007-013. (PDF Version)            Modification beyond original scope of contract. See
(November 26, 2008)                                       Sallie Mae, Inc., B-400486, November 21, 2008.
                                                          (December 8, 2008)
Office of Federal Procurement Policy
                                                          Claimed restriction in solicitation. See Nordic Air,
Cost Accounting Standards: Harmonization of Cost          Inc., B-400540, November 26, 2008. (pdf) (December
Accounting Standards 412 and 413 with the Pension         4, 2008)
Protection Act (of 2006). (PDF Version) (November
                                                          Court of Federal Claims
26, 2008)
                                                          Past performance, relevance, opportunity to respond.
General Services Administration                           See Lumetra v. U. S. and Health Services Advisory
                                                          Group, Inc., No. 08-663C, Reissued November 19,
Meeting of the Multiple Award Schedule Advisory           2008. (December 1, 2008)
Panel. (PDF Version) (November 25, 2008)
                                                          Cancellation of SDVOSB set-aside, defective technical
Defense Federal Acquisition Regulation                    evaluation, cancellation standards. See DCMS-ISA,
Supplement                                                Inc., The Whitestone Group, inc., and R&D Training
                                                          and Technical Services, Inc., v. U. S., No. 08-456c,
DFARS Case 2007-D001: Carriage Vessel Overhaul,           November 14, 2008. (December 1, 2008)
Repair, and Maintenance. (PDF Version) (November
                                                          Comptroller General
24, 2008)
DFARS Case 2008-D019: Least Developed Countries           Costs, calculation. See Celadon Laboratories, Inc.--
that are Designated Countries. (PDF Version)              Costs, B-298533.2, November 7, 2008. (November
(November 24, 2008)                                       28, 2008)
DFARS Case 2007-D021: Limitations on DoD Non-
Commercial Time-and-Materials Contracts. (PDF             Meaningful discussions. See Burchick Construction
Version) (November 24, 2008)                              Company, B-400342, October 6, 2008. (November 26,
DFARS Case 2005-D015: Reports of Government               2008)
Property. (PDF Version) (November 24, 2008)
Technical Amendments. (PDF Version) (November             Relevant experience. See Aegis Defence Services
24, 2008)                                                 Limited, B-400093.4; B-400093.5, October 16, 2008.
                                                          (November 24, 2008)
Federal Highway Administration                     Experience of subcontractors. See Aegis Defence
Buy America Requirements; Bi-Metallic Composite    Services Limited, B-400093.4; B-400093.5, October
Conducting Rail. (PDF Version) (November 24, 2008) 16, 2008. (November 24, 2008)

Protest Decisions                                         Service-disabled, veteran-owned, small business
Comptroller General                                       concern (SDVOSBC) set-aside. Status protest. See
                                                          Major Contracting Services, Inc., B-400616,
Reprocurement, limited competition. See Derm-Buro,        November 20, 2008. (November 24, 2008)
Inc., B-400558, December 11, 2008. (December 15,          Justification & Approval. See Smith & Wesson, Inc.,
2008)                                                     B-400479, November 20, 2008. (November 24, 2008)
Late proposal, hand-carried delivery. See Sector One
Security Solution, B-400728, December 10, 2008.           For more similar (linked) information, got to:
(December 12, 2008)                                       http://www.wifcon.com/



                                                       -19-
Volume 10 Issue 2                                                                                    December 2008

                                                            possibly even change what you do to attain, retain and
    ** How to Inspire Employees through                     maintain customers. Consider the following ten-steps
               Recognition **                               to make your business recession proof.

Build your company's culture on the foundation of           Strategy 1. Think big and audit your time.
rewarding and recognizing hard workers and you'll           No matter the size of your business, place a mental
create a fertile work environment where resiliency,         image in your mind as if you are the largest and most
high standards, high retention, loyalty, innovation,        successful person in your industry. How much time is
positive risk taking, and high morale are all present.      consumed by routine office work someone else should
Here are 8 time-tested ways leaders can inspire             be doing? Spend more time with more important tasks
employees to do their best.                                 such as marketing strategies, improving customer
                                                            relations, and implementing new strategies to expand
http://www.businessknowhow.com/manage/recognitio            your services.
n.htm
                                                            Strategy 2. Be different and stand out from the
                                                            competition.
                                                            Jordan Furniture sells more furniture per square foot
 ** How Ego Gets in the Way of Customer
                                                            than any other furniture store in the nation. They
              Service **                                    transformed their family-owned business into a multi-
 By Kelley Robertson, author of Stop, Ask, and Listen       million dollar corporation by following a principle
                                                            called "shoppertainment." To surprise employees and
Dealing with customer concerns, problems and issues         customers, Barry and Eliot Tatleman dressed up like
is a fact of life when you sell a product or service. And   the Lone Ranger and Tonto and rode horses in their
every person in sales has to certain customers who are      parking lot. They built an IMax theater inside one store
more challenging to deal with. Some situations start as     to entertain children while their parents shopped.
minor difficulties but quickly escalate into huge           When you drive around the back to pick up your
drawn-out battles. Unfortunately, many sales people         furniture they provide you free hotdogs and wash your
unknowingly cause situations to escalate.                   car windows.
http://www.businessknowhow.com/marketing/ego.htm
                                                            Strategy 3. Build relationships with your
                                                            customers.
   Top-Ten Marketing & Sales Strategies                     For each month that goes by, customers lose 10% of
           for a Slow Economy                               their buying power. Create a customer database and
    How to Attain, Retain and Maintain                      contact them on a regular basis. Mail them a postcard,
                Customers                                   birthday card, sales flyer, newsletter etc. to keep your
                    by Gregory P. Smith                     name, phone number, and service on their mind.

This economy has created both winners and losers.  Strategy 4. Collect E-Mail Addresses.
The quickest road to bankruptcy is to sit on your  As part of your customer relationship process get
hands, do nothing, and wait for the economy to     permission from your customers to use their E-mail
improve. No matter what industry you work in a     address. Periodically send updates and notices to your
                                                   client list. As long as you have their permission and
"business as usual" mindset will sink your ship. You
have to be innovative, stand out, and market your  avoid overuse, E-mail can be a powerful and
products and services in a new way.                inexpensive marketing tool. Consider the Fox's Pizza
                                                   Den in Punxsutawney, PA, they ran an anniversary
Now more than ever you have to focus, improve, and promotion offering a medium cheese pizza for the
                                                   1970’s price of $1.40. To get this special price,

                                                        -20-
Volume 10 Issue 2                                                                                                                               December 2008

customers had to go to their web site and register their   good customer service by quizzing employees on one
email address to have the special coupon emailed to        commandment each day.
them. An amazing 500 email addresses were collected        Strategy 9. Take your message to the media.
in two days.                                               Local newspapers and television are always looking
                                                           for stories and topics of interest. Learn to write a press
Strategy 5. Avoid poisonous personalities.                 release or call your local media outlet about a special
Unfriendly and negative employees cost you money by        aspect of your business. The Varsity restaurant in
chasing your customers away. Spend more time and           Atlanta featured an employee who had worked there
money interviewing and hiring people who enjoy             for 50 years. This resulted in a two-page spread about
helping people. Use behavior based interviewing and        the employee and the restaurant.
screening assessments to improve your chances for
hiring success. For more information go to               Strategy 10. Take advantage of trends.
www.behaviorprofile.com.                                 For some this economic downturn is an opportunity in
                                                         disguise. Consider one entrepreneur who created a
Strategy 6. Put a shopping cart on your website.         special brand of toilet paper. Printed on each piece of
Online sales are still growing at a dramatic pace. toilet paper is the face Osama Bin Laden followed by
According to Jupiter Research this past year's holiday this saying, "Do your part to wipe out terrorism." I am
season generated $13.2 billion in online purchases, a not sure if this person made any money off his product,
17% growth rate over last year. This increase of sales but he captured a lot of attention.
is coming from people who want to save time, This article has been repeated from our last
followed closely by avoiding crowded stores, and the Newsletter since the US economy is still “slow”.
ability to shop outside of store hours. Make an audit of
what services and products you can offer online.
                                                              ***********************************
Strategy 7. Pay-per-click advertising.                              HOMELAND SECURITY
Many business owners are cutting back on classified
                                                                AND NATIONAL PREPAREDNESS
advertising in lieu for pay-per-click advertising. Pay-            ------------------------------------------------------------------------------------------

per-click will insure you receive top visibility on
websites driving more customers to your door.              Item: Employers can no longer use expired
Advertisers bid on keywords and the more popular the       documents in hiring
keyword, the more expensive each click is. Prices vary
between a few cents to many dollars. For example, you      Beginning in February, employers in the United States
can pay ten cents a click for the keyword, "pool supply    will not be allowed to use expired documents to verify
store." The most popular pay-per-click advertisers are     workers' employment eligibility.
found on Google, Yahoo, and Overture.
                                                           The interim rule, published on Wednesday in the
Strategy 8. Use customer service commandments to           Federal Register by the Homeland Security
create good habits.                                        Department, aims to streamline the employment
Bates Ace Hardware store located in Atlanta created        eligibility verification process and crack down on
"Twenty Customer Service Commandments" modeled             fraud. As of Feb. 2, 2009, expired U.S. passports or
after the Ritz-Carlton hotels outlining specific           state-issued driver's licenses and other outdated
behaviors employees are to demonstrate when dealing        identification cards will no longer qualify as valid
with customers and fellow employees. For example,          documentation for Form I-9. Social Security cards will
"Accompany a customer to the correct aisle instead of      not be affected by the change because they do not
pointing to another area of the store." They print the     expire.
commandments on a small card and employees carry it
with them at work. Furthermore, supervisors reinforce      "Expired documents are prone to fraudulent use in the

                                                       -21-
Volume 10 Issue 2                                                                                  December 2008

Form I-9 process by aliens seeking unauthorized             Adrienne.hall@vtgriffin.com
employment," the Federal Register notice stated.
Full story:                                                 Director at Large:
http://www.govexec.com/story_page.cfm?articleid=41          Marjorie Heilwell
651&dcn=e_gvet                                              904.491.8623
In addition, learn about the emergency plans that have      marjorie.heilwell@dcma.mil
been established in your area by your state and local
government.                                                 Director at Large:
Click here to find resources on preparedness in your        Grady Jacobs, Fellow
community. In addition, be sure to Get a Kit, Make a        904.491.8623
Plan and Get Involved!                                      gradyj9536@aol.com

      ***********************************                   Treasurer:
             Newsletter Articles and                        Bill Swan
               Items of Interest                            912.265.7530
         --------------------------------------------       twoswans911@comcast.net
                     Del Johnson,
                                                            Secretary:
                    Newsletter Chair                        Kathy Keyser
                                                            klkeyser@earthlink.net
Contributions to the Chapter Newsletter, in either the
form of articles or items of interest, should be            Vice President, Membership:
submitted (in Microsoft Word 2000, if possible) to:         Jim Sheriff
del.johnson@comcast.net                                     904.232.2148
                                                            Cell- 904.422.0766
Please notify Del and Jim Sheriff of any changes to         james.f.sheriff@saj02.usace.army.mil
your e-mail address.
                                                            Vice President, Education
                                                            Leonard Murray, CPA
     ***********************************                    904.791.6206
 NCMA Jacksonville Chapter Officers and                     Leonard.Murray@fcso.com
 Chairpersons – Program Year 2008- 2009
         ---------------------------------------------      Vice President, Programs
                                                            Larry Belge
President:                                                  904.645.9243
Susan Thibodeaux                                            lbelge@classic.msn.com
904.542.3356/4030
ThibodeauxSB@iaphill.com                                    Small Business Representative VP
                                                            Paul Arrington, Esq.
Vice President:                                             904.388.7297
Charlotte Lawson
904.367.0464                                                Newsletter Chair:
Clawson352000@yahoo.com                                     Del Johnson, CACI-DSI Corporation
                                                            904.230.1088
Director at Large:                                          del.johnson@comcast.net
Adrienne Hall
904.264.9198                                                Nomination Chair: Vacant

                                                         -22-
Volume 10 Issue 2                                                                                  December 2008



Sub-Chapter Activities Director:                            FINANCIAL PLANNER -- A guy whose phone has
Ms. Carol Hellman, Fort Stewart, Georgia                    been disconnected.
912.767.2448
Carol.Hellman@stewart.army.mil                              MARKET CORRECTION -- The day after you buy
                                                            stocks.
Outreach Committee Members:
Saint Augustine                                             CASH FLOW -- The movement your money makes as
Maryanne Austin                                             it disappears.
maryanne.austin@dcma.mil
Majorie Heilweil                                            INSTITUTIONAL INVESTOR -- Past year investor
majorie.heilweil@dcma.mil                                   who's now locked up in a nuthouse.

Green Cove Springs                                          PROFIT -- An archaic word no longer in use.
Butch and Janet Elliott
elliottriii@msn.com                                                     ** Thoughts -- Peace **
Jacksonville Chapter Contacts available on the web                        If there is light in the soul,
at:                                                                  There will be beauty in the person.
http://intranet.ncmahq.org/Jacksonville/Lists/Cont                     If there is beauty in the person,
acts/AllItems1.aspx                                                  There will be harmony in the house.
                                                                      If there is harmony in the house,
  ** Humor -- Wall Street Terminology **                              There will be order in the nation.
                                                                        If there is order in the nation,
With the meltdown on Wall Street, it's important for                  There will be peace in the world.
even ordinary citizens to understand the terminology                           – Chinese Proverb
bankers and brokers use. Here's a start.
                                                                  *********************************
BULL MARKET -- A random market movement                         NCMA JAX Chapter Calendar for 2008 - 2009
causing an investor to mistake himself for a financial
genius.                                                     Editor's Note: Future Dates, places and speakers will
                                                            be provided by E-mail "Flyer" prior to each event.
BEAR MARKET -- A 6-18 month period when the
kids get no allowance, the wife gets no jewelry, and        January 22, 2009
the husband gets no new toys.                               Luncheon and Speaker, Ramada Inn, Mandarin
                                                            Mr. Mark Lumar
VALUE INVESTING -- The art of buying low and
selling lower.                                              February 9, 2009
                                                            Mini-Seminar and Luncheon, “Construction Today
BROKER -- What my stockbroker has made me.                  – Where are Going!!”
                                                            James Krause, Esq.
STANDARD & POOR -- On Wall Street, it's
"standard" for their clients to be "poor", thus "Standard March 19, 2009
& Poor".                                                  Workshop and Luncheon, Caddy Shack, WGV,
                                                          subject: ADR
STOCK SPLIT -- When your ex-wife and her lawyer           Charles Rumbaugh, Esq.
split your assets equally between themselves.

                                                         -23-

				
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