Podcast Show Notes
2025-03-14 Federal Market Insights Episode 5 — Session Overview
WPI Podcast Episode 5 Summary
Episode 5 Podcast began with an overview of several news articles and how this information could assist companies in better understanding the federal marketplace. Two of the articles mentioned addressed issues related to actions federal activities have taken to comply with (or align with) the President’s Executive Order on DEI.
The first article reviewed action taken by the U.S. Coast Guard Academy to alter curriculum and make other changes. The second article mentioned was about West Point and actions taken by the Military Academy to remove various clubs. The important take-away from these articles was “words matter.” When responding to RFPs/RFQs, submitting reports or other communications, companies need to be mindful of these important issues. Using frowned upon language may create unintentional and unintended consequences. In the worst case, a company’s proposal could be rejected or negative actions taken against a contract.
Other articles mentioned addressed the need for the Navy to pivot from its traditional viewpoint on building a fleet to looking at incorporating autonomous capability into its requirements. Additionally, mention was made of the need for the U.S. to increase its shipbuilding capacity. Currently, according to the Acting CNO ship availability is at 67% and depends on the day. The goal is 80%. One step that has been taken is the creation of the Whitehouse Office of Shipbuilding. One issue that persists is skilled talent. Skilled talent with skills and knowledge in Naval vessel construction is necessary. To help meet these needs, the Navy has a program BuildSubmarines.com
The discussion included articles related to drones, anti-drone capabilities, resources. These articles address issues related to swarms of drones and the issue of what actions the military can take against drones that may threaten U.S. bases.
An article that was mentioned in passing related to GSA and its roll in contracting. According to the information, there is a consideration to move all contracting work from federal departments to GSA as part of a reorganization.
Links to these articles are below.
https://insideclimatenews.org/news/07032025/coast-guard-academy-censors-climate-change-terminology/
https://www.theguardian.com/us-news/2025/feb/05/us-military-academy-clubs-dei
https://www.npr.org/2025/03/07/nx-s1-5321003/pentagon-images-flagged-removal-dei-purge-trump
https://breakingdefense.com/2025/02/high-power-microwave-force-field-knocks-drone-swarms-from-sky
https://breakingdefense.com/tag/in-focus-c-uas-threats
GSA considers takeover of contracting work at other agencies amid reorganization
To an extent, companies – federal – contractors exist between the regulations (FAR/DFAR) and current Executive Orders. Contractors need to remain cognizant of this and act and communicate accordingly. Given some of the wording in at least one E.O. a company’s internal operations may also spark issues.
Words and terminology have always been important in federal contracting. FAR Part 2 is dedicated to definitions commonly used in federal contracts. Companies should consult this section rather than believing they know the definition or use a common definition.
Companies should recognize that there is a difference between shall/must/may not and should and may. Shall/must/may not are all examples of terms identifying mandatory requirements and/or actions. On the other hand the terms should/may signal optional requirements.
In a similar manner, companies should recognize that there is a difference between Requests for Proposals and Requests for Quotations. A proposal is deemed to be an offer and if the government accepts it, a contract is formed. On the other hand, as stated in FAR 13.004 Legal Effect of Quotations – a quote is not an offer and therefore it cannot be accepted to form a contract. Pros and Cons associated with these concepts were discussed. The conclusion was companies need to be aware of the differences, the regulations, how the regulations apply and take appropriate actions. In some instances, a company can believe that an opportunity has passed when in fact it is still alive. In other instances, a company may unknowingly accept an order (offer by the government) an now are responsible for contract performance.
Two other parts of the FAR were mentioned and contrasted FAR Part 13 – Simplified Acquisition Procedures and FAR Part 15 – Contracting by Negotiation. FAR Part 13 opportunities are limited to specified monetary thresholds and are applicable to small businesses. These procedures and opportunities are applicable to small businesses. FAR Part 15 opportunities may be open to small businesses but in general these opportunities are used for larger more complex requirements. More often than not Large businesses (Other than Small Businesses) are involved in FAR Part 15 opportunities.
Two other terms mentioned were Solicitation Provisions and Contract Clauses. The important distinction between these terms is that Solicitation Provisions apply only to solicitations. Contract clauses can apply to both solicitation and contracts. By submitting a response to a solicitation, a company may obligate itself to follow on actions. An example is DFARS 252.204-7008. In this regulation, the following is stated – “By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171”
Awareness is key! A tool that company’s can use is DAU’s Provision and Clause Matrix. The following information is copied from DAU’s website.
“The Provision and Clause Matrix is a popular tool used in contracting. It is in an easy-to-read format that provides guidance on the use of all provisions and clauses contained in the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and various agency supplements. It also includes guidance on using provisions and clauses in DoD class deviations.”
Features include:
- Filter through 1600+ Provisions and Clauses
- Instructions for incorporation by reference
- Location within the Uniform Contract Format
- Guidance if the provision or clause is authorized for use when acquiring commercial items
DAU contract clause matrix – DAU Provision and Clause Matrix | www.dau.edu
Bottom line, in federal contracting, terms and their definitions are important. Government definitions may differ from generally accepted and definitions used in day-to-day communications. Recognize that using a common or casual definition may have negative consequences when working with federal solicitations.
Companies should also take note of standardized frameworks used by the government and the information these frameworks provide. One especially important and commonly used framework is the Uniform Contract Format (UCF). The UCF is common to many federal solicitations. The UCF is not mandatory and is not used for construction and A/E, subsistence or supplies or services contracts requiring special contract formats contracts and others. As stated in FAR 15.204, its main purpose is to – “facilitate the preparation of the solicitation and contract as well as reference to, and use of, those documents by offerors, contractors, and contract administrators. “
The UCF is constructed of the following four parts.
- Part I – The Schedule
- A: Solicitation/contract form
- B: Supplies or services and prices/costs
- C: Description/specifications/statement of work
- D: Packaging and marking
- E: Inspection and acceptance
- F: Deliveries or performance
- G: Contract administration data
- H: Special contract requirements
- Part II – Contract Clauses
- I: Contract clauses
- Part III – List of Documents, Exhibits, and Other Attachments
- J: List of attachments
- Part IV – Representations and Instructions
- K: Representations, certifications, and other statements of offerors or respondents
- L: Instructions, conditions, and notices to offerors or respondents
- M: Evaluation factors for award
In this podcast we referred to this format and its general use. We specifically addressed the value of Section M – Evaluation factors for award and how this important section is sometimes overlooked or ignored. This section provides valuable information and insight about the solicitation requirements. More importantly, this section hints at how a proposal should be structured and how much emphasis various factors should be given. If there are five factors and all are weighted the same, then proposals should treat each equally. However, if there is a statement along the lines that Safety is the single most important factor, that is something that should be recognized and the proposal written to create Safety as a theme. The proposing company needs to demonstrate to the source selection committee that Safety will be core to their performance. If the review committee does not feel that Safety will be paramount, then the company may not be awarded all possible points for this evaluation factor and this could likely jeopardize receiving the award.
In effect, the UCF defines a solicitation, and its integral parts. Value is derived from understanding the role of these parts in the solicitation process and the application of this knowledge.