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Friday, February 19, 2010

GSA and Government Contracting: The Dreaded Regulations

GSA AND GOVERNMENT CONTRACTING: THE DREADED REGULATIONS

By Gary M. Beckert, GSA and Government Contracting Consultant

Introduction. If you think reading about government contracting is painful, just imagine writing about it. Yet, this stuff is important. Someday when it saves your butt, you can thank that poor guy who had to write about it. So bear with me!

What are Regulations? This is the “red tape” we love so well. There are many different regulations. You should be aware of all regulations that relate to your proposal or potential contract. States and local governments also have regulations. Regulations don't seem very important until you get into trouble, and then it's too late. I know what you are thinking… this is a big pain! Right! No doubt about it, but it is what you need to do to protect yourself.

For this survival guide, let’s talk about the granddaddy of all regulations: the “Federal Acquisition Regulations” (FAR). We’ll also look at the General Services Administration Acquisition Manual (GSAM) and why they are important to you. By the way, each military branch and government agency has their own version of regulations and you need to know about those too.

Why is it important for me to understand Regulations?

Good question, glad you asked!

OK, let’s make it simple: You can lose your business or go to jail if you do not follow the regulations.

Here’s how it works:

Most all solicitations, including GSA Schedules, refer to parts of the FAR and other regulations. In federal solicitations the references (citations) are mostly found in “Section I – Contract Clauses”. GSA Schedules also list citations to the FAR and the GSAM.

What you should do:

Download the solicitation and take the time to look at the citations to regulations. The regulations are in “PDF” files you can freely download. You need the free Adobe Reader to see and search PDF files. Open the PDF file and do a search on the citation using the "find" option. Read the citation. Most citations require no action, but you need to be aware of its content

OK, I don't want to get in trouble. How do I use Regulations?

• Download the regulations (in PDF format) that relate to your proposal. See below for the web sites. If you are in doubt about which regulations apply, by all means, call the government point of contact listed on the solicitation.

• You do not need to print the regulations. Just “search” them for each of the citations listed in the solicitation.

Let’s use the current GSA IT Services (Schedule 70, refresh 25) as an example. In Section C.2 it lists the citations to the FAR. For example, one clause cited is “52.203-3 GRATUITIES”. Download the FAR, open the downloaded file and search on “52.203-3”. There you can read the citation.

Now we’ll look at the GSAM using the Schedule 70 as an example. In section C.3 it lists citations to the GSAM. For example, one clause is “552.203-71 RESTRICTION ON ADVERTISING”. Download the GSAM, open the downloaded file and search on “52.203-3”. There you can read the citation.

Where can I find the Regulations?

One of the best sites to locate all federal regulations is the “FARSite” Contracting Laboratory at Hill Air Force Base in Utah at http://farsite.hill.af.mil/.

For the GSAM go to: http://www.acqnet.gov/GSAM/gsam.html

For the free Adobe Reader, go to: http://www.adobe.com/.

Are you still there? Just be aware that someone on your proposal or business development staff needs to be aware of how to find and use the "dreaded" regulations.

Stay tuned for more amazing fascinating super-duper government contracting information. Best to all!
Gary