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DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer InstituteFrederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
How to Do Business with the Frederick National Laboratory for Cancer Research (FNLCR)
Operated by Leidos Biomedical Research Inc (Leidos Biomed)
October 17 2018
Frederick National Laboratory for Cancer Research
Event Agenda
Time Activity Presenter900 AM ndash 910 AM Opening Remarks Steve Grumbach910 AM ndash 945 AM FNLCR WhoWhat Chad Hildebrand
945 AM ndash 1045 AM Leidos Biomed Subcontracting Process
Josh Wynne amp Dan Reichlin
1045 AM ndash 1100 AM Break1100 AM ndash 1130 AM Flow Downs Bill Hardy amp Lori Keisling1130 AM ndash 1145 AM Small Business Crystal Canja1145 AM ndash 100 PM Lunch (On your own)100 PM ndash 130 PM Reports amp Deliverables Josh Ensor130 PM ndash 200 PM Closeout Bill Hardy amp Jill Rhodes200 PM ndash 300 PM Open Forum Chad Hildebrand
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer InstituteFrederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontracting at the Frederick National Laboratory for Cancer Research
Chad R HildebrandManager SubcontractsLeidos Biomedical Research IncOctober 17 2018
Frederick National Laboratory for Cancer Research
Agenda
bull Who We Are
bull What We Do
bull How To Engage Us
Frederick National Laboratory for Cancer Research
Overview of FNLCR
bull FNLCR is a Federally Funded Research and Development Centerndash Established in 1972ndash Only FFRDC dedicated to biomedical researchndash asymp 1900 employees
bull Proudly operated by Leidos Biomedical Research Inc (formerly SAIC-Frederick Inc) on behalf of the National Cancer Institutendash Research studies on behalf of NCI NIHndash EmergencyContingency and Sustained global response to infectious disease (NIAID)ndash Predominately sponsored research to accelerate the translations of science into medicine
for patients with cancer and infectious immunologic and allergic diseases
bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrickndash Provide scientific administrative technical procurement
financial safety and facilities support to operate the Labndash Advanced Technology Research Facility (ATRF)
(~330000 sq ft research facility)ndash Vaccine Research Centerrsquos Pilot Plant
(~140000 sq for research facility)
Frederick National Laboratory for Cancer Research
Overview of FNLCR bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrick along with other
off site locations
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Leidos Biomed as the operating contractor of the FrederickNational Laboratory for Cancer Research supports the entirefacility to include management of sponsored researchinfrastructure support laboratory operations and maintenancesupply chain operations security operation of onsiteoccupational health clinic etc
bull These functional responsibilities include those for other on-sitecontractors as well as the on-site Government employees
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Procurement for supplies materials and subcontracted services plays a large role in the day to day operations of the facility and our research (worldwide)
bull Requires
ndash Quick reaction
ndash Reasonable and competitive cost solutions
ndash Timely delivery of products and services
bull FAR 35 (It is not the Govrsquot intent that an FFRDC use its privileged information or access to installations equipment and real property to compete with the private sector
Frederick National Laboratory for Cancer Research
Diverse Supplier Spend in our Area
Leidos Biomed spent over $407 million with diverse suppliers in FY 2018 in Maryland and local counties in Northern Virginia and Pennsylvania
PennsylvaniaWomen Owned
Small Class
Grand Total $1586183 $1588592
MarylandAllegheny $1221 Anne Arundel $2777229 Baltimore $6326457 Baltimore City $15164667 Calvert $483252 Carroll $2613994 Cecil $0 Frederick $153392585 Harford $1037596 Howard $5744462 Kent $101368 Montgomery $142506552 Prince Georgersquos $22497393 Queen Annersquos $1524279 St Marys $12794 Talbot $230293 Washington $312928
Grand Total $354727069
PennsylvaniaAdams $686898 Franklin $163590 Lancaster $172357 York $2402545
Grand Total $3425389
VirginiaWomen Owned
DisadvBusiness
Vet Owned Small Class
Grand Total $410096 $830162 $5003400 $15549466
MarylandWomen Owned
DisadvBusiness
Vet OwnedDisabled Vet
OwnedSmall Class
Grand Total $11282208 $4158653 $10694893 $10426049 $84823899
VirginiaFairfax $49693420
Grand Total $49693420
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
Event Agenda
Time Activity Presenter900 AM ndash 910 AM Opening Remarks Steve Grumbach910 AM ndash 945 AM FNLCR WhoWhat Chad Hildebrand
945 AM ndash 1045 AM Leidos Biomed Subcontracting Process
Josh Wynne amp Dan Reichlin
1045 AM ndash 1100 AM Break1100 AM ndash 1130 AM Flow Downs Bill Hardy amp Lori Keisling1130 AM ndash 1145 AM Small Business Crystal Canja1145 AM ndash 100 PM Lunch (On your own)100 PM ndash 130 PM Reports amp Deliverables Josh Ensor130 PM ndash 200 PM Closeout Bill Hardy amp Jill Rhodes200 PM ndash 300 PM Open Forum Chad Hildebrand
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer InstituteFrederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontracting at the Frederick National Laboratory for Cancer Research
Chad R HildebrandManager SubcontractsLeidos Biomedical Research IncOctober 17 2018
Frederick National Laboratory for Cancer Research
Agenda
bull Who We Are
bull What We Do
bull How To Engage Us
Frederick National Laboratory for Cancer Research
Overview of FNLCR
bull FNLCR is a Federally Funded Research and Development Centerndash Established in 1972ndash Only FFRDC dedicated to biomedical researchndash asymp 1900 employees
bull Proudly operated by Leidos Biomedical Research Inc (formerly SAIC-Frederick Inc) on behalf of the National Cancer Institutendash Research studies on behalf of NCI NIHndash EmergencyContingency and Sustained global response to infectious disease (NIAID)ndash Predominately sponsored research to accelerate the translations of science into medicine
for patients with cancer and infectious immunologic and allergic diseases
bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrickndash Provide scientific administrative technical procurement
financial safety and facilities support to operate the Labndash Advanced Technology Research Facility (ATRF)
(~330000 sq ft research facility)ndash Vaccine Research Centerrsquos Pilot Plant
(~140000 sq for research facility)
Frederick National Laboratory for Cancer Research
Overview of FNLCR bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrick along with other
off site locations
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Leidos Biomed as the operating contractor of the FrederickNational Laboratory for Cancer Research supports the entirefacility to include management of sponsored researchinfrastructure support laboratory operations and maintenancesupply chain operations security operation of onsiteoccupational health clinic etc
bull These functional responsibilities include those for other on-sitecontractors as well as the on-site Government employees
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Procurement for supplies materials and subcontracted services plays a large role in the day to day operations of the facility and our research (worldwide)
bull Requires
ndash Quick reaction
ndash Reasonable and competitive cost solutions
ndash Timely delivery of products and services
bull FAR 35 (It is not the Govrsquot intent that an FFRDC use its privileged information or access to installations equipment and real property to compete with the private sector
Frederick National Laboratory for Cancer Research
Diverse Supplier Spend in our Area
Leidos Biomed spent over $407 million with diverse suppliers in FY 2018 in Maryland and local counties in Northern Virginia and Pennsylvania
PennsylvaniaWomen Owned
Small Class
Grand Total $1586183 $1588592
MarylandAllegheny $1221 Anne Arundel $2777229 Baltimore $6326457 Baltimore City $15164667 Calvert $483252 Carroll $2613994 Cecil $0 Frederick $153392585 Harford $1037596 Howard $5744462 Kent $101368 Montgomery $142506552 Prince Georgersquos $22497393 Queen Annersquos $1524279 St Marys $12794 Talbot $230293 Washington $312928
Grand Total $354727069
PennsylvaniaAdams $686898 Franklin $163590 Lancaster $172357 York $2402545
Grand Total $3425389
VirginiaWomen Owned
DisadvBusiness
Vet Owned Small Class
Grand Total $410096 $830162 $5003400 $15549466
MarylandWomen Owned
DisadvBusiness
Vet OwnedDisabled Vet
OwnedSmall Class
Grand Total $11282208 $4158653 $10694893 $10426049 $84823899
VirginiaFairfax $49693420
Grand Total $49693420
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer InstituteFrederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontracting at the Frederick National Laboratory for Cancer Research
Chad R HildebrandManager SubcontractsLeidos Biomedical Research IncOctober 17 2018
Frederick National Laboratory for Cancer Research
Agenda
bull Who We Are
bull What We Do
bull How To Engage Us
Frederick National Laboratory for Cancer Research
Overview of FNLCR
bull FNLCR is a Federally Funded Research and Development Centerndash Established in 1972ndash Only FFRDC dedicated to biomedical researchndash asymp 1900 employees
bull Proudly operated by Leidos Biomedical Research Inc (formerly SAIC-Frederick Inc) on behalf of the National Cancer Institutendash Research studies on behalf of NCI NIHndash EmergencyContingency and Sustained global response to infectious disease (NIAID)ndash Predominately sponsored research to accelerate the translations of science into medicine
for patients with cancer and infectious immunologic and allergic diseases
bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrickndash Provide scientific administrative technical procurement
financial safety and facilities support to operate the Labndash Advanced Technology Research Facility (ATRF)
(~330000 sq ft research facility)ndash Vaccine Research Centerrsquos Pilot Plant
(~140000 sq for research facility)
Frederick National Laboratory for Cancer Research
Overview of FNLCR bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrick along with other
off site locations
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Leidos Biomed as the operating contractor of the FrederickNational Laboratory for Cancer Research supports the entirefacility to include management of sponsored researchinfrastructure support laboratory operations and maintenancesupply chain operations security operation of onsiteoccupational health clinic etc
bull These functional responsibilities include those for other on-sitecontractors as well as the on-site Government employees
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Procurement for supplies materials and subcontracted services plays a large role in the day to day operations of the facility and our research (worldwide)
bull Requires
ndash Quick reaction
ndash Reasonable and competitive cost solutions
ndash Timely delivery of products and services
bull FAR 35 (It is not the Govrsquot intent that an FFRDC use its privileged information or access to installations equipment and real property to compete with the private sector
Frederick National Laboratory for Cancer Research
Diverse Supplier Spend in our Area
Leidos Biomed spent over $407 million with diverse suppliers in FY 2018 in Maryland and local counties in Northern Virginia and Pennsylvania
PennsylvaniaWomen Owned
Small Class
Grand Total $1586183 $1588592
MarylandAllegheny $1221 Anne Arundel $2777229 Baltimore $6326457 Baltimore City $15164667 Calvert $483252 Carroll $2613994 Cecil $0 Frederick $153392585 Harford $1037596 Howard $5744462 Kent $101368 Montgomery $142506552 Prince Georgersquos $22497393 Queen Annersquos $1524279 St Marys $12794 Talbot $230293 Washington $312928
Grand Total $354727069
PennsylvaniaAdams $686898 Franklin $163590 Lancaster $172357 York $2402545
Grand Total $3425389
VirginiaWomen Owned
DisadvBusiness
Vet Owned Small Class
Grand Total $410096 $830162 $5003400 $15549466
MarylandWomen Owned
DisadvBusiness
Vet OwnedDisabled Vet
OwnedSmall Class
Grand Total $11282208 $4158653 $10694893 $10426049 $84823899
VirginiaFairfax $49693420
Grand Total $49693420
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
Agenda
bull Who We Are
bull What We Do
bull How To Engage Us
Frederick National Laboratory for Cancer Research
Overview of FNLCR
bull FNLCR is a Federally Funded Research and Development Centerndash Established in 1972ndash Only FFRDC dedicated to biomedical researchndash asymp 1900 employees
bull Proudly operated by Leidos Biomedical Research Inc (formerly SAIC-Frederick Inc) on behalf of the National Cancer Institutendash Research studies on behalf of NCI NIHndash EmergencyContingency and Sustained global response to infectious disease (NIAID)ndash Predominately sponsored research to accelerate the translations of science into medicine
for patients with cancer and infectious immunologic and allergic diseases
bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrickndash Provide scientific administrative technical procurement
financial safety and facilities support to operate the Labndash Advanced Technology Research Facility (ATRF)
(~330000 sq ft research facility)ndash Vaccine Research Centerrsquos Pilot Plant
(~140000 sq for research facility)
Frederick National Laboratory for Cancer Research
Overview of FNLCR bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrick along with other
off site locations
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Leidos Biomed as the operating contractor of the FrederickNational Laboratory for Cancer Research supports the entirefacility to include management of sponsored researchinfrastructure support laboratory operations and maintenancesupply chain operations security operation of onsiteoccupational health clinic etc
bull These functional responsibilities include those for other on-sitecontractors as well as the on-site Government employees
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Procurement for supplies materials and subcontracted services plays a large role in the day to day operations of the facility and our research (worldwide)
bull Requires
ndash Quick reaction
ndash Reasonable and competitive cost solutions
ndash Timely delivery of products and services
bull FAR 35 (It is not the Govrsquot intent that an FFRDC use its privileged information or access to installations equipment and real property to compete with the private sector
Frederick National Laboratory for Cancer Research
Diverse Supplier Spend in our Area
Leidos Biomed spent over $407 million with diverse suppliers in FY 2018 in Maryland and local counties in Northern Virginia and Pennsylvania
PennsylvaniaWomen Owned
Small Class
Grand Total $1586183 $1588592
MarylandAllegheny $1221 Anne Arundel $2777229 Baltimore $6326457 Baltimore City $15164667 Calvert $483252 Carroll $2613994 Cecil $0 Frederick $153392585 Harford $1037596 Howard $5744462 Kent $101368 Montgomery $142506552 Prince Georgersquos $22497393 Queen Annersquos $1524279 St Marys $12794 Talbot $230293 Washington $312928
Grand Total $354727069
PennsylvaniaAdams $686898 Franklin $163590 Lancaster $172357 York $2402545
Grand Total $3425389
VirginiaWomen Owned
DisadvBusiness
Vet Owned Small Class
Grand Total $410096 $830162 $5003400 $15549466
MarylandWomen Owned
DisadvBusiness
Vet OwnedDisabled Vet
OwnedSmall Class
Grand Total $11282208 $4158653 $10694893 $10426049 $84823899
VirginiaFairfax $49693420
Grand Total $49693420
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
Overview of FNLCR
bull FNLCR is a Federally Funded Research and Development Centerndash Established in 1972ndash Only FFRDC dedicated to biomedical researchndash asymp 1900 employees
bull Proudly operated by Leidos Biomedical Research Inc (formerly SAIC-Frederick Inc) on behalf of the National Cancer Institutendash Research studies on behalf of NCI NIHndash EmergencyContingency and Sustained global response to infectious disease (NIAID)ndash Predominately sponsored research to accelerate the translations of science into medicine
for patients with cancer and infectious immunologic and allergic diseases
bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrickndash Provide scientific administrative technical procurement
financial safety and facilities support to operate the Labndash Advanced Technology Research Facility (ATRF)
(~330000 sq ft research facility)ndash Vaccine Research Centerrsquos Pilot Plant
(~140000 sq for research facility)
Frederick National Laboratory for Cancer Research
Overview of FNLCR bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrick along with other
off site locations
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Leidos Biomed as the operating contractor of the FrederickNational Laboratory for Cancer Research supports the entirefacility to include management of sponsored researchinfrastructure support laboratory operations and maintenancesupply chain operations security operation of onsiteoccupational health clinic etc
bull These functional responsibilities include those for other on-sitecontractors as well as the on-site Government employees
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Procurement for supplies materials and subcontracted services plays a large role in the day to day operations of the facility and our research (worldwide)
bull Requires
ndash Quick reaction
ndash Reasonable and competitive cost solutions
ndash Timely delivery of products and services
bull FAR 35 (It is not the Govrsquot intent that an FFRDC use its privileged information or access to installations equipment and real property to compete with the private sector
Frederick National Laboratory for Cancer Research
Diverse Supplier Spend in our Area
Leidos Biomed spent over $407 million with diverse suppliers in FY 2018 in Maryland and local counties in Northern Virginia and Pennsylvania
PennsylvaniaWomen Owned
Small Class
Grand Total $1586183 $1588592
MarylandAllegheny $1221 Anne Arundel $2777229 Baltimore $6326457 Baltimore City $15164667 Calvert $483252 Carroll $2613994 Cecil $0 Frederick $153392585 Harford $1037596 Howard $5744462 Kent $101368 Montgomery $142506552 Prince Georgersquos $22497393 Queen Annersquos $1524279 St Marys $12794 Talbot $230293 Washington $312928
Grand Total $354727069
PennsylvaniaAdams $686898 Franklin $163590 Lancaster $172357 York $2402545
Grand Total $3425389
VirginiaWomen Owned
DisadvBusiness
Vet Owned Small Class
Grand Total $410096 $830162 $5003400 $15549466
MarylandWomen Owned
DisadvBusiness
Vet OwnedDisabled Vet
OwnedSmall Class
Grand Total $11282208 $4158653 $10694893 $10426049 $84823899
VirginiaFairfax $49693420
Grand Total $49693420
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
Overview of FNLCR bull Main campus on 68-acre NCI Campus at Frederick adjacent to Fort Detrick along with other
off site locations
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Leidos Biomed as the operating contractor of the FrederickNational Laboratory for Cancer Research supports the entirefacility to include management of sponsored researchinfrastructure support laboratory operations and maintenancesupply chain operations security operation of onsiteoccupational health clinic etc
bull These functional responsibilities include those for other on-sitecontractors as well as the on-site Government employees
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Procurement for supplies materials and subcontracted services plays a large role in the day to day operations of the facility and our research (worldwide)
bull Requires
ndash Quick reaction
ndash Reasonable and competitive cost solutions
ndash Timely delivery of products and services
bull FAR 35 (It is not the Govrsquot intent that an FFRDC use its privileged information or access to installations equipment and real property to compete with the private sector
Frederick National Laboratory for Cancer Research
Diverse Supplier Spend in our Area
Leidos Biomed spent over $407 million with diverse suppliers in FY 2018 in Maryland and local counties in Northern Virginia and Pennsylvania
PennsylvaniaWomen Owned
Small Class
Grand Total $1586183 $1588592
MarylandAllegheny $1221 Anne Arundel $2777229 Baltimore $6326457 Baltimore City $15164667 Calvert $483252 Carroll $2613994 Cecil $0 Frederick $153392585 Harford $1037596 Howard $5744462 Kent $101368 Montgomery $142506552 Prince Georgersquos $22497393 Queen Annersquos $1524279 St Marys $12794 Talbot $230293 Washington $312928
Grand Total $354727069
PennsylvaniaAdams $686898 Franklin $163590 Lancaster $172357 York $2402545
Grand Total $3425389
VirginiaWomen Owned
DisadvBusiness
Vet Owned Small Class
Grand Total $410096 $830162 $5003400 $15549466
MarylandWomen Owned
DisadvBusiness
Vet OwnedDisabled Vet
OwnedSmall Class
Grand Total $11282208 $4158653 $10694893 $10426049 $84823899
VirginiaFairfax $49693420
Grand Total $49693420
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Leidos Biomed as the operating contractor of the FrederickNational Laboratory for Cancer Research supports the entirefacility to include management of sponsored researchinfrastructure support laboratory operations and maintenancesupply chain operations security operation of onsiteoccupational health clinic etc
bull These functional responsibilities include those for other on-sitecontractors as well as the on-site Government employees
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Procurement for supplies materials and subcontracted services plays a large role in the day to day operations of the facility and our research (worldwide)
bull Requires
ndash Quick reaction
ndash Reasonable and competitive cost solutions
ndash Timely delivery of products and services
bull FAR 35 (It is not the Govrsquot intent that an FFRDC use its privileged information or access to installations equipment and real property to compete with the private sector
Frederick National Laboratory for Cancer Research
Diverse Supplier Spend in our Area
Leidos Biomed spent over $407 million with diverse suppliers in FY 2018 in Maryland and local counties in Northern Virginia and Pennsylvania
PennsylvaniaWomen Owned
Small Class
Grand Total $1586183 $1588592
MarylandAllegheny $1221 Anne Arundel $2777229 Baltimore $6326457 Baltimore City $15164667 Calvert $483252 Carroll $2613994 Cecil $0 Frederick $153392585 Harford $1037596 Howard $5744462 Kent $101368 Montgomery $142506552 Prince Georgersquos $22497393 Queen Annersquos $1524279 St Marys $12794 Talbot $230293 Washington $312928
Grand Total $354727069
PennsylvaniaAdams $686898 Franklin $163590 Lancaster $172357 York $2402545
Grand Total $3425389
VirginiaWomen Owned
DisadvBusiness
Vet Owned Small Class
Grand Total $410096 $830162 $5003400 $15549466
MarylandWomen Owned
DisadvBusiness
Vet OwnedDisabled Vet
OwnedSmall Class
Grand Total $11282208 $4158653 $10694893 $10426049 $84823899
VirginiaFairfax $49693420
Grand Total $49693420
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
What We Dohellip
bull Procurement for supplies materials and subcontracted services plays a large role in the day to day operations of the facility and our research (worldwide)
bull Requires
ndash Quick reaction
ndash Reasonable and competitive cost solutions
ndash Timely delivery of products and services
bull FAR 35 (It is not the Govrsquot intent that an FFRDC use its privileged information or access to installations equipment and real property to compete with the private sector
Frederick National Laboratory for Cancer Research
Diverse Supplier Spend in our Area
Leidos Biomed spent over $407 million with diverse suppliers in FY 2018 in Maryland and local counties in Northern Virginia and Pennsylvania
PennsylvaniaWomen Owned
Small Class
Grand Total $1586183 $1588592
MarylandAllegheny $1221 Anne Arundel $2777229 Baltimore $6326457 Baltimore City $15164667 Calvert $483252 Carroll $2613994 Cecil $0 Frederick $153392585 Harford $1037596 Howard $5744462 Kent $101368 Montgomery $142506552 Prince Georgersquos $22497393 Queen Annersquos $1524279 St Marys $12794 Talbot $230293 Washington $312928
Grand Total $354727069
PennsylvaniaAdams $686898 Franklin $163590 Lancaster $172357 York $2402545
Grand Total $3425389
VirginiaWomen Owned
DisadvBusiness
Vet Owned Small Class
Grand Total $410096 $830162 $5003400 $15549466
MarylandWomen Owned
DisadvBusiness
Vet OwnedDisabled Vet
OwnedSmall Class
Grand Total $11282208 $4158653 $10694893 $10426049 $84823899
VirginiaFairfax $49693420
Grand Total $49693420
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
Diverse Supplier Spend in our Area
Leidos Biomed spent over $407 million with diverse suppliers in FY 2018 in Maryland and local counties in Northern Virginia and Pennsylvania
PennsylvaniaWomen Owned
Small Class
Grand Total $1586183 $1588592
MarylandAllegheny $1221 Anne Arundel $2777229 Baltimore $6326457 Baltimore City $15164667 Calvert $483252 Carroll $2613994 Cecil $0 Frederick $153392585 Harford $1037596 Howard $5744462 Kent $101368 Montgomery $142506552 Prince Georgersquos $22497393 Queen Annersquos $1524279 St Marys $12794 Talbot $230293 Washington $312928
Grand Total $354727069
PennsylvaniaAdams $686898 Franklin $163590 Lancaster $172357 York $2402545
Grand Total $3425389
VirginiaWomen Owned
DisadvBusiness
Vet Owned Small Class
Grand Total $410096 $830162 $5003400 $15549466
MarylandWomen Owned
DisadvBusiness
Vet OwnedDisabled Vet
OwnedSmall Class
Grand Total $11282208 $4158653 $10694893 $10426049 $84823899
VirginiaFairfax $49693420
Grand Total $49693420
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
WORLDWIDE
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
Acquisition Trend
Frederick National Laboratory for Cancer Research
Suppliers We Rely Onhellip
Commercial goodsservices
ndash Laboratory equipment amp supplies
ndash Industrial services amp supplies
ndash Animals and animal supplies
ndash Testing services
ndash Maintenance and repair services
ndash Furniture (office and laboratory)
ndash Office suppliesgeneral administrative supplies
ndash CleaningJanitorial supplies
Research and development services and subcontracts
ndash Vaccine development pharmaceutical development and manufacturing RampD services
ndash Biomedical research services
ndash Clinical studies
ndash Rapid response to outbreaks of infectious diseases
ndash Tissue specimens cell production services and DNA sequencing
ndash Consultant services (scientific and administrative)
Construction amp Facilities Services
- General contractor services for new construction and renovation activities (all trades)
- Architect and Engineering service
- Demolition services
- Facilities maintenance
- Snow removal
Frederick National Laboratory for Cancer Research
How To Engage Ushellip
bull Contracting with the Frederick National Vendor Information and Registration httpsfrederickcancergovworkwithusprocurement
bull Contact any of the following individuals
Contact Area Name Title Phone
Acquisitions Steve Grumbach Director of Acquisitions 301-846-1715
Acquisitions Chad Hildebrand Manager Subcontract 301-846-5422
Acquisitions Dennis Chaloux Manager Subcontract 301-228-4796
Purchasing Debi Hogarty Manager Purchasing 301-846-1127
Small Business Crystal Canja Manager Supplier Diversity (SBLO) 301-846-1704
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontracting with Leidos Biomedical Research Inc at Frederick National Laboratory for Cancer Research
Dan Reichlin amp Josh Wynne
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 15
Overview bull Contractual Relationships
bull Flow Chart
bull RFP
bull Proposal
bull Price Analysis and Negotiations
bull Task Orders and Modifications
bull Execution amp Delivery
bull Closeout
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 16
Definitions and Elements of a Contract
bull Contracts are promises that the law will enforce
bull Contract vs Grant
bull Elements of a contractndash Offer (Response to a solicitation)
ndash Acceptance (RejectionCounter-Offer)
ndash Execution by Competent Parties (Authority or Warrant)
ndash Legal Purpose
ndash Clear Terms and Conditions (Goal of the Contract)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 17
Subcontracting with the FNLCR
bull Why do we need subcontractors to support the FNLCR
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 18
Considerations before Subcontracting
bull Register in Samgov
bull FNLCR wonrsquot pre-pay for work
bull Insurance Requirements
bull Accounting System Adequacy (as it relates to Agreement Type)
bull Debarred or otherwise restricted from Government Contracting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
| Series 1 | Column1 | Column2 | ||||
| FY15 | $ 258646937 | |||||
| FY16 | $ 284266741 | |||||
| FY17 | $ 571570590 | |||||
| FY18 | $440397750 |
| FY15 | FY15 | FY15 | |||
| FY16 | FY16 | FY16 | |||
| FY17 | FY17 | FY17 | |||
| FY18 | FY18 | FY18 |
Frederick National Laboratory for Cancer Research
Suppliers We Rely Onhellip
Commercial goodsservices
ndash Laboratory equipment amp supplies
ndash Industrial services amp supplies
ndash Animals and animal supplies
ndash Testing services
ndash Maintenance and repair services
ndash Furniture (office and laboratory)
ndash Office suppliesgeneral administrative supplies
ndash CleaningJanitorial supplies
Research and development services and subcontracts
ndash Vaccine development pharmaceutical development and manufacturing RampD services
ndash Biomedical research services
ndash Clinical studies
ndash Rapid response to outbreaks of infectious diseases
ndash Tissue specimens cell production services and DNA sequencing
ndash Consultant services (scientific and administrative)
Construction amp Facilities Services
- General contractor services for new construction and renovation activities (all trades)
- Architect and Engineering service
- Demolition services
- Facilities maintenance
- Snow removal
Frederick National Laboratory for Cancer Research
How To Engage Ushellip
bull Contracting with the Frederick National Vendor Information and Registration httpsfrederickcancergovworkwithusprocurement
bull Contact any of the following individuals
Contact Area Name Title Phone
Acquisitions Steve Grumbach Director of Acquisitions 301-846-1715
Acquisitions Chad Hildebrand Manager Subcontract 301-846-5422
Acquisitions Dennis Chaloux Manager Subcontract 301-228-4796
Purchasing Debi Hogarty Manager Purchasing 301-846-1127
Small Business Crystal Canja Manager Supplier Diversity (SBLO) 301-846-1704
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontracting with Leidos Biomedical Research Inc at Frederick National Laboratory for Cancer Research
Dan Reichlin amp Josh Wynne
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 15
Overview bull Contractual Relationships
bull Flow Chart
bull RFP
bull Proposal
bull Price Analysis and Negotiations
bull Task Orders and Modifications
bull Execution amp Delivery
bull Closeout
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 16
Definitions and Elements of a Contract
bull Contracts are promises that the law will enforce
bull Contract vs Grant
bull Elements of a contractndash Offer (Response to a solicitation)
ndash Acceptance (RejectionCounter-Offer)
ndash Execution by Competent Parties (Authority or Warrant)
ndash Legal Purpose
ndash Clear Terms and Conditions (Goal of the Contract)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 17
Subcontracting with the FNLCR
bull Why do we need subcontractors to support the FNLCR
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 18
Considerations before Subcontracting
bull Register in Samgov
bull FNLCR wonrsquot pre-pay for work
bull Insurance Requirements
bull Accounting System Adequacy (as it relates to Agreement Type)
bull Debarred or otherwise restricted from Government Contracting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
| Series 1 | Column1 | Column2 | ||||
| FY15 | $ 258646937 | |||||
| FY16 | $ 284266741 | |||||
| FY17 | $ 571570590 | |||||
| FY18 | $440397750 |
Frederick National Laboratory for Cancer Research
Suppliers We Rely Onhellip
Commercial goodsservices
ndash Laboratory equipment amp supplies
ndash Industrial services amp supplies
ndash Animals and animal supplies
ndash Testing services
ndash Maintenance and repair services
ndash Furniture (office and laboratory)
ndash Office suppliesgeneral administrative supplies
ndash CleaningJanitorial supplies
Research and development services and subcontracts
ndash Vaccine development pharmaceutical development and manufacturing RampD services
ndash Biomedical research services
ndash Clinical studies
ndash Rapid response to outbreaks of infectious diseases
ndash Tissue specimens cell production services and DNA sequencing
ndash Consultant services (scientific and administrative)
Construction amp Facilities Services
- General contractor services for new construction and renovation activities (all trades)
- Architect and Engineering service
- Demolition services
- Facilities maintenance
- Snow removal
Frederick National Laboratory for Cancer Research
How To Engage Ushellip
bull Contracting with the Frederick National Vendor Information and Registration httpsfrederickcancergovworkwithusprocurement
bull Contact any of the following individuals
Contact Area Name Title Phone
Acquisitions Steve Grumbach Director of Acquisitions 301-846-1715
Acquisitions Chad Hildebrand Manager Subcontract 301-846-5422
Acquisitions Dennis Chaloux Manager Subcontract 301-228-4796
Purchasing Debi Hogarty Manager Purchasing 301-846-1127
Small Business Crystal Canja Manager Supplier Diversity (SBLO) 301-846-1704
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontracting with Leidos Biomedical Research Inc at Frederick National Laboratory for Cancer Research
Dan Reichlin amp Josh Wynne
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 15
Overview bull Contractual Relationships
bull Flow Chart
bull RFP
bull Proposal
bull Price Analysis and Negotiations
bull Task Orders and Modifications
bull Execution amp Delivery
bull Closeout
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 16
Definitions and Elements of a Contract
bull Contracts are promises that the law will enforce
bull Contract vs Grant
bull Elements of a contractndash Offer (Response to a solicitation)
ndash Acceptance (RejectionCounter-Offer)
ndash Execution by Competent Parties (Authority or Warrant)
ndash Legal Purpose
ndash Clear Terms and Conditions (Goal of the Contract)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 17
Subcontracting with the FNLCR
bull Why do we need subcontractors to support the FNLCR
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 18
Considerations before Subcontracting
bull Register in Samgov
bull FNLCR wonrsquot pre-pay for work
bull Insurance Requirements
bull Accounting System Adequacy (as it relates to Agreement Type)
bull Debarred or otherwise restricted from Government Contracting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Frederick National Laboratory for Cancer Research
How To Engage Ushellip
bull Contracting with the Frederick National Vendor Information and Registration httpsfrederickcancergovworkwithusprocurement
bull Contact any of the following individuals
Contact Area Name Title Phone
Acquisitions Steve Grumbach Director of Acquisitions 301-846-1715
Acquisitions Chad Hildebrand Manager Subcontract 301-846-5422
Acquisitions Dennis Chaloux Manager Subcontract 301-228-4796
Purchasing Debi Hogarty Manager Purchasing 301-846-1127
Small Business Crystal Canja Manager Supplier Diversity (SBLO) 301-846-1704
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontracting with Leidos Biomedical Research Inc at Frederick National Laboratory for Cancer Research
Dan Reichlin amp Josh Wynne
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 15
Overview bull Contractual Relationships
bull Flow Chart
bull RFP
bull Proposal
bull Price Analysis and Negotiations
bull Task Orders and Modifications
bull Execution amp Delivery
bull Closeout
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 16
Definitions and Elements of a Contract
bull Contracts are promises that the law will enforce
bull Contract vs Grant
bull Elements of a contractndash Offer (Response to a solicitation)
ndash Acceptance (RejectionCounter-Offer)
ndash Execution by Competent Parties (Authority or Warrant)
ndash Legal Purpose
ndash Clear Terms and Conditions (Goal of the Contract)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 17
Subcontracting with the FNLCR
bull Why do we need subcontractors to support the FNLCR
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 18
Considerations before Subcontracting
bull Register in Samgov
bull FNLCR wonrsquot pre-pay for work
bull Insurance Requirements
bull Accounting System Adequacy (as it relates to Agreement Type)
bull Debarred or otherwise restricted from Government Contracting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontracting with Leidos Biomedical Research Inc at Frederick National Laboratory for Cancer Research
Dan Reichlin amp Josh Wynne
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 15
Overview bull Contractual Relationships
bull Flow Chart
bull RFP
bull Proposal
bull Price Analysis and Negotiations
bull Task Orders and Modifications
bull Execution amp Delivery
bull Closeout
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 16
Definitions and Elements of a Contract
bull Contracts are promises that the law will enforce
bull Contract vs Grant
bull Elements of a contractndash Offer (Response to a solicitation)
ndash Acceptance (RejectionCounter-Offer)
ndash Execution by Competent Parties (Authority or Warrant)
ndash Legal Purpose
ndash Clear Terms and Conditions (Goal of the Contract)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 17
Subcontracting with the FNLCR
bull Why do we need subcontractors to support the FNLCR
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 18
Considerations before Subcontracting
bull Register in Samgov
bull FNLCR wonrsquot pre-pay for work
bull Insurance Requirements
bull Accounting System Adequacy (as it relates to Agreement Type)
bull Debarred or otherwise restricted from Government Contracting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 15
Overview bull Contractual Relationships
bull Flow Chart
bull RFP
bull Proposal
bull Price Analysis and Negotiations
bull Task Orders and Modifications
bull Execution amp Delivery
bull Closeout
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 16
Definitions and Elements of a Contract
bull Contracts are promises that the law will enforce
bull Contract vs Grant
bull Elements of a contractndash Offer (Response to a solicitation)
ndash Acceptance (RejectionCounter-Offer)
ndash Execution by Competent Parties (Authority or Warrant)
ndash Legal Purpose
ndash Clear Terms and Conditions (Goal of the Contract)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 17
Subcontracting with the FNLCR
bull Why do we need subcontractors to support the FNLCR
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 18
Considerations before Subcontracting
bull Register in Samgov
bull FNLCR wonrsquot pre-pay for work
bull Insurance Requirements
bull Accounting System Adequacy (as it relates to Agreement Type)
bull Debarred or otherwise restricted from Government Contracting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 16
Definitions and Elements of a Contract
bull Contracts are promises that the law will enforce
bull Contract vs Grant
bull Elements of a contractndash Offer (Response to a solicitation)
ndash Acceptance (RejectionCounter-Offer)
ndash Execution by Competent Parties (Authority or Warrant)
ndash Legal Purpose
ndash Clear Terms and Conditions (Goal of the Contract)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 17
Subcontracting with the FNLCR
bull Why do we need subcontractors to support the FNLCR
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 18
Considerations before Subcontracting
bull Register in Samgov
bull FNLCR wonrsquot pre-pay for work
bull Insurance Requirements
bull Accounting System Adequacy (as it relates to Agreement Type)
bull Debarred or otherwise restricted from Government Contracting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 17
Subcontracting with the FNLCR
bull Why do we need subcontractors to support the FNLCR
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 18
Considerations before Subcontracting
bull Register in Samgov
bull FNLCR wonrsquot pre-pay for work
bull Insurance Requirements
bull Accounting System Adequacy (as it relates to Agreement Type)
bull Debarred or otherwise restricted from Government Contracting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 18
Considerations before Subcontracting
bull Register in Samgov
bull FNLCR wonrsquot pre-pay for work
bull Insurance Requirements
bull Accounting System Adequacy (as it relates to Agreement Type)
bull Debarred or otherwise restricted from Government Contracting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 19
Pre-Award Flow Chart
GovernmentReleasesRequest for Proposal (RFP)
Prime Contractor (Leidos Biomed) Requests informal ROM gathers historical pricing data
Prime Contractor formulates response to Government
Prime finalizes response to Government
Prime Proposal Submission
Government EvaluationPeriod
Road to Award
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 20
Contractual Relationships
PRIVITY
NOPRIVITY
PRIMELeidos Biomed
GOVERNMENT(Issuing Authority)
SUBCONTRACTOR
PRIVITY
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 21
Post-Award Flow Chart
Delivery ampPerformance
Subcontractor RFPs Issued by Leidos Biomed
Government Awards Prime Contract
Task Ordersamp Modifications
ContractampSubcontract Closeout
Agreement and Subcontract Execution (between Leidos Biomed and Subcontractor)
Subcontractor Submits Proposal
Prime Conducts PriceCost Analysis Tech Analysis TampCs Review
ConductRate Term amp ConditionNegotiations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 22
bull Proposal Instructionsndash Submission Due Date
ndash Proposal Validation Period
ndash Anticipated Subcontract Type to be Awarded
ndash Special Instructions
bull Attachmentsndash Representations amp Certifications
ndash Statement of Work
ndash Labor Category Descriptions
ndash Proposal Pricing Template
ndash Draft Subcontract
Prime Contractor Issues RFP to Subcontractor(s)
Issuance of an RFP does not commit Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 23
Statement of Work
bull Is the SOW specific enough to allow subcontractor to make summary and tabulation of manpower and resources needed to accomplish each task element
bull Are all parts of the SOW written so that there is no question as to what the subcontractor is obligated to do and when to do it
bull Are any specifications or exhibits applicable in whole or in part Are they referenced to the appropriate SOW element
bull Is there time constraints for each deliverable
bull Are proper quantities shown
bull Does the SOW directly relate to the DeliverableMilestone Schedule
bull Term vs Completion Appropriate for Subcontract Type
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 24
Source Selection
bull Single Source
bull Sole Source
bull Competitive Procurementndash Limited Competition
ndash Full and Open
bull httpsfrederickcancergovworkwithussolicitations
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 25
Draft Agreement
bull Indefinite Delivery Indefinite Quantity (IDIQ) Subcontract Agreementndash Task Order driven
ndash Establishes Not to Exceed Ceiling Value
bull Single Order Subcontract Agreementndash No Task Orders
ndash Establishes either Not to Exceed Ceiling Value along with Funded value or establishes Award Amount (depending on Contract Type)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 26
Representation and Certifications
bull Reps amp Certs are valid for one year from signature date
bull Business Size
bull Past or current debarment
bull Compliance with Federal Equal Opportunity requirements
bull Adequate Accounting System
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 27
Subcontract Types
bull Indefinite DeliveryIndefinite Quantityndash Multi-type vs limited type Task Orders
bull Fixed Pricendash Firm Fixed Price
ndash Fixed Unit Price
bull Cost Reimbursablendash Cost (common with Universities)
ndash Time and Materials or Labor Hour
ndash Cost Plus Fixed Fee
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 28
Subcontractorrsquos Proposal
bull Subcontractorrsquos Proposal Submission Should Includendash Proposal Offer Letter
ndash Volume I - RFP Volume II ndash Technical Volume III ndash Price Proposals
bull Instructions detailed in RFP
ndash Completed Leidos Biomed Representations and Certifications
ndash Per the RFP proposals are valid for 120 days
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 29
Review and Negotiations
bull Technical Team reviews Technical and Price Proposalsndash Clarifying questions can be asked by Technical team
ndash Price Negotiations can be requested
bull Subcontracts Administrator and Subcontractor negotiate Terms and Conditionsndash Only authorized persons are permitted to negotiate and agree on behalf
of a company
ndash Only permitted to use FNLCR agreement template
ndash Incorporate Terms and Conditions into final Subcontract
ndash Government Consent May be Required per FAR 52244-2 Subcontracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 30
Terms Conditions and Subcontract Executionbull Finalize Subcontract Terms and Conditions
ndash IDIQ level vs Task Order level
bull Both Partiesrsquo Signatures Required for Executionndash Once Executed the First Purchase Requisition is Released Establishing
Initial Task Order or Single Order Subcontract funding
bull Stand alone subcontractndash Usually work can begin upon execution
ndash Check for ldquoEffective Daterdquo (vs ldquoAward Daterdquo)
bull IDIQ agreementndash Work can begin with the upon execution
of a Task Order
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 31
Modificationsbull Subcontract Task Order Modifications are Issued to make
administrative or work related changes to an IDIQ Task Order or Stand Alone subcontract
Bilateral Modification Unilateral
Modification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 32
Potential Delivery amp Performance Issues
bull Key Personnel
bull Invoicing
bull Termination
bull Indemnification
bull Burn Rate
bull Communications with Client
bull Force Majeure
bull Stop Work Orders
bull Service Contract Act
bull DeliverablesMilestones
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 33
Subcontract Closeoutbull Subcontracts Closeout Process
ndash Fixed Price
ndash Cost Reimbursable
bull This will be explained in more detail later today
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 34
Subcontracts Process Quiz
1 What is the relevance of an Adequate Accounting System as it relates to Contract Type
2 When can work begin under an IDIQ subcontract
3 A Sole Source award could have multiple offerors able to complete the work True or False
4 Under what contract family (Fixed Price or Cost Reimbursable) are you most likely to see forecasting (ETC) as a reporting requirement
5 List two examples of potential delivery and performance issues
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 35
QuestionsComments
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
BREAK
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Flow Downs
Bill HardyPolicy and Compliance ManagerAcquisitions Directorate
Lori KeislingSubcontracts LeadAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 38
What is a Subcontract
A Subcontract is a mutually binding legal relationship (contract)entered into by Leidos Biomedical Research Inc (Leidos Biomed)and a Seller (Subcontractor) to furnish supplies or services to LeidosBiomed in support of its performance under its prime contract(s)
A Subcontract can be a one (1) page purchase order or a complexsubcontract as defined in the Federal Acquisition Regulations (FAR)Subpart 21
This mutually binding legal relationship (contract) do not includegrants and cooperative agreements covered by 31 USC 6301 etseq
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 39
Applicability of the Federal Acquisition Regulations to Subcontracts
The subcontract between Leidos Biomed and the Subcontractor is acontract between two non-government entities and is governed bythe appropriate state laws
Commercial code (state law) governs unless you agree otherwisein the subcontract or federal statute specifically requirescompliance by the subcontractor
To comply with its obligations of its prime contract(s) requirementsLeidos Biomed must request information from First-TierSubcontractors to fulfill its obligations under our prime contract(s)and some clauses are required to be flowed to Subcontractors atevery tier
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 40
Privity of Contract
Leidos Biomed has the responsibility as the ldquoPrime Contractorrdquo Services are performed under Leidos Biomedrsquos Prime Contract(s)
with the National Cancer Institute (NCI)National Institutes of Health (NIH) (US Government Customer)
ldquoSubcontractorrdquo agrees to perform that portion of the servicesdescribed in the Statement of Work
Additional clauses including flow downs from its prime contract(s)are set forth in the followinghellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 41
What are the components of the Leidos Biomed Subcontract
HHS Acquisition Regulations Clauses
Federal Acquisition Regulations ClausesSpecific Terms and
Conditions
Special Prime Contract Requirements
Other Documents
Statement of Work
Pricing
Labor CategoriesQualifications (As Required)
Small Business Subcontracting Plan (As Required)
Service Contract Act ndash Wage Determinations (As Required)
Travel Instructions (As Required)
Invoice Instructions
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 42
How does Leidos Biomed determine which clauses to flow down
Indemnification
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 43
Specific Terms and Conditions
Leidos Biomedrsquos practice is to follow its prime contract(s) but theterms and conditions in the subcontract should not conflict withthem to avoid confusion (eg Changes clause etc)
Incorporate only the clauses that are appropriate to thesubcontractpurchase order being placed
Include special contract requirements from the prime contract(s)(eg Government Property Publication and Publicity InformationSecurity etc)
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 44
Specific Terms and Conditions
Because of privity of contract between Leidos Biomed and itssubcontractors the following are some examples of key terms andconditions that are incorporated into the subcontract Standards of Business Ethics amp Conduct
Communication With US Government Customer
Indemnification including Infringement
Intellectual Property
Insurance
Disputes Related to this Subcontract
Governing Law (eg State of Maryland)
Termination for Default and Convenience
Audit Rights
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 45
Lori Keisling
Lead Subcontracts Administrator
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 46
Flow Down Requirements
Additional clauses including flow downs from the prime contract(s) inaccordance with the Federal Acquisition Regulations are set forth inthe following and incorporated into the subcontract
Federal Acquisition Regulations (FAR)
US Department of Health and Human Services Acquisition Regulations (HHSAR)
Special Prime Contract Requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 47
How does Leidos Biomed determine which clauses to flow down
Other things to consider
Environment (singlesole or competitive)
Acquisition (eg Part 15 Contracting By Negotiation or FAR Part 12 Acquisition of Commercial Item)
Subcontract type
Risk
Subcontractorrsquos socio-economic status
Subcontract value
Special prime contract requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 48
Mandatory vs Optional Flow Downs
ldquoMandatoryrdquo if required by statue Executive Order or procurementregulation Government clauses that must be incorporated insubcontracts exactly as written Generally specified in the actualtext of the clause
Clauses that must have substance incorporated
ldquoThe Contractor shall insert the substance of thisclause including this paragraph (f) in all subcontractsunder this contracthelliprdquo
Clauses that are ldquooptionalrdquo but are necessary because they (i)impose obligations that Leidos Biomed cannot fulfill effectivelyunless similar clauses are incorporated in the subcontract andor(ii) minimize risk exposure for Leidos Biomed
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 49
To our Vendors Suppliers and Subcontractors
The Acquisitionrsquos Team Pledge
Leidos Biomed shall be fair and professional in all our businessdealings and shall honor our commitments
Leidos Biomed shall endeavor to select vendors suppliers andsubcontractors who will adhere to our ethical standards andcommitment to quality products and services
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 50
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Small Business Programs amp the FNLCRCrystal CanjaSupplier Diversity Manager Small Business Liaison Officer (SBLO)Contracts amp Acquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 52
Course Objectives
Upon successful completion of the course attendee should be able to understand
ndash Small business categories amp resources
ndash Agency goals for HHS
ndash Small business subcontracting plans amp reporting requirements
ndash FNLCR small business performance
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 53
Small Business Socioeconomic Categories amp Resources
Category SBA Subcontracting Goal for HHS (FY18) Resources
Small Business 33Small Business Administration (SBA) httpswwwsbagov
HHS OSDBU httpswwwhhsgovgrantssmall-business-programsindexhtmlNorth American Industry Classification System (NAICS) httpswwwcensusgoveoswwwnaics
Small Disadvantaged Business (SDB) 5 National Minority Supplier Development Council (NMSDC) httpwwwnmsdcorg
National 8(a) Association httpswwwnational8aassociationorg
Woman-Owned Small Business (WOSB) 5
Womenrsquos Business Enterprise National Council (WBENC) wwwwbencorgWomen Presidentsrsquo Educational Organization (WPEO) wwwwpeous
Historically Underutilized Business Zones (HUBZones) 3
HUBZone Chamber of Commerce httpswwwhubzonechamberorgHUBZone Contractors National Council httpshubzonecouncilorg
HUBZone Map httpsmapscertifysbagovhubzonemap
Historically Black Colleges amp Universities
Minority Institutions (HBCUMI)- The HBCU Foundation httpthehbcufoundationorg
Veteran-Owned Small Business (VOSB) 3
Veteranrsquos Business Outreach Center wwwvbocorgNational Veteran Small Business Coalition httpswwwnvsbcorgNational Veteran Owned Business Association httpsnavobaorg
Elite SDVOB Network httpelitesdvoborgService-Disabled Veteran Owned Small Business (SDVOSB) 3
Alaska Native Corporations (ANC) amp Indian Tribes - The National Center for American Indian Enterprise Development httpncaiedorg
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 54
Is a Small Business Subcontracting Plan Required
Is your companyorganization a small business per SBA
standards
Yes
You are exempt from small business reporting
Have a nice day
No
Does your subcontract include FAR clause 52219-9 Small Business
Subcontracting Plan
Yes
Is your award a subcontract or an IDIQ Task Order with an anticipated contract value of $700000 or more (non-construction
contracts) or $15 million or more (construction contracts)
Yes
You are required to submit a Small Business Subcontracting
Plan or waiver
No
No
If the contract value awarded meets or exceeds the subcontracting plan thresholds and no subcontracting opportunities exist the awardee must submit a Letter of No Subcontracting Opportunities to provide justification
If your company or organization is other-than-small and your contract value meets or exceeds the stated threshold please contact the FNLCR SBLO to verify Small Business Plan requirements
If the contract is modified to add funding or to raise the contract ceiling to meet or exceed the small business reporting threshold a small business plan or waiver may be required
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 55
Subcontracting Plan or WaiverUpon completing your mandatory Representations amp Certifications document you will see the following section under 52219-9
Do not submit your companyrsquos commercial subcontracting plan in lieu of an FNLCR individual subcontracting plan
Please obtain a copy of the most up-to-date Small Business Subcontracting Plan or Letter of No Subcontracting Opportunities template from your assigned Leidos Biomedical Subcontracts Administrator
Do not submit a Small Business Subcontracting Plan with $0 and 0 allotted to small businesses
Submit a small percentage with corresponding dollars to show good faith effort or submit a waiver to remove your semi-annual eSRS reporting requirement
Submitted plans and waivers will be subject to review and approval by the SCA and the SBLO
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 56
Reporting Types amp Requirements
Individual Subcontracting Report (ISR)
Summary Subcontracting Report (SSR)
Reporting PeriodContract Start Date thru End of
Reporting Period (either March 31 or September 30)
October 1 thru Sept 30
Due Date April 30 amp October 31 October 31
Submitted To Leidos Biomedical Research Agency
Data Provided
All cumulative subcontracting activity performed under a single contract vehicle or task order
with an approved small business subcontracting plan
All subcontracting activity performed during one full
government fiscal year under a single agency (may contain
multiple contracts)
All reporting is to be submitted through the Electronic Subcontracting Reporting System (eSRS)httpswwwesrsgov
ORhttpswwwgsagovforms-librarysubcontracting-report-individual-contracts
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 57
FNLCR Small Business Achievement
HHS Summary Subcontracting Report for FY2018
Category Goal Actual $ Actual Small Business 33 $205082130 55
SDB 5 $6525287 18
WOSB 5 $20368479 55
HUBZone 3 $234998 01
VOSB 3 $51569149 138
SDVOSB 3 $10426049 28
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 58
Strategic Partnerships
ConferencesbullLocal bullRegional bullNational
Professional Organizations
bullFort Detrick AlliancebullMaryland Tech CouncilbullMaryland amp Frederick Dept of Commerce and Economic Development
bullBoards and panelsbullFNIH and other consortia
VisitsbullIncubatorsbullSpeaking engagementsbullLunch-n-learns
Social Media bullTwitter gt100 active followersbullLinkedIn 100s of views per post
Publications
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 59
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
LUNCH(Next presentation begins promptly at 100 PM)
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract ReportingJoshua EnsorLead Subcontracts AdministratorContracts amp Acquisitions Directorate
10172018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 62
Course Objectives
bull Objectives for this section of the presentationndash Types amp Categories of Reports
ndash Associated Public Laws amp Contract Requirements
ndash Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 63
Public Laws amp Reporting Triggers
Public Law Compliance Reportingndash Performing on a contract with Federal funds means compliance with
Federal Laws amp Executive Ordersndash Public Laws amp Executive Orders are incorporated into FAR clauses for
ease of inclusions into Federal contracts Leidos Biomed then flows these requirements to subcontracts where applicable Examples include but are not limited to
bull FAR 52204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
ndash Federal Funding Accountability and Transparency Act of 2006 (Pub L No 109-282)
bull FAR 52222-26 Equal Opportunity (and associated derivative clauses)
ndash Executive Order 11246 as governed by the procedures in 41 CFR 60-1
bull FAR 52219-9 Small Business Subcontracting Planndash Small Business Act 15 USC sect 631
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 64
More Public Laws
Service Contract Reportbull Not to be confused with the CSP report this report applies to all Cost-Reimbursement (CR)
Time and Materials (TampM) and Labor-Hour (LH) service subcontracts or task orders (for performing services) equal to or greater than $150000 It also applies all fixed price subcontracts or task orders for services with a total value of $500000 or greater
bull Requires subcontractors to report annually the following information ndash Subcontractor name and DUNS number
ndash The subcontract number task order number
ndash Subcontract type
ndash The number of subcontractor direct labor hours expended on the services performed during the previous Government fiscal year
ndash The total dollar amount invoiced for services performed during the previous Government fiscal year under the subcontract or task order
bull As required by Division C Section 743 of the Consolidated Appropriations Act 2010 this information is to be made public in wwwSAMgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 65
Bottom Line
Make sure you are familiar with
the certifications made in your
Reps amp Certs amp Samgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 66
Other Reports in Your Subcontract
Contractual Reportingndash In order to satisfy our contractual obligations to our Federal Prime
Customer (NCI) Leidos Biomed employs both financial and technical reporting mechanisms
ndash These reports will be found in the body of your subcontract (most often section J Deliveries) and in the Deliverables Section of the Statement of Work
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 67
Technically Driven Reports
bull Technical Status and Progress Reports (General)ndash Provides insight into the progress of achieving the work set forth in the
Statement of Work These can include but are not limited to the following
bull Program status to include objectives met work completed and work outstanding
bull Notable achievements
bull Issues or obstacles impeding progress and recommended solutions
bull Status of deliverablesmilestones
bull Issues and resolutions
bull Resource planningstatus
bull Description of work completed and plans for next month including anticipated travel
Will be required on a monthly or quarterly andor project completion basis and must be submitted on or before time of invoice
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 68
Technically Driven Reports
bull Technical Status and Progress Reports (Specific)ndash Requires the subcontractor to submit very detailed and specific
information about a project or a specific objective within a project
ndash These reports are not standard and require thorough understanding and attention to the requirements set forth in the section of the SOW entitled Deliverable Description and Acceptance Criteria
bull Example
Deliverable Validated Influenza ________ Challenge stock information
Description and Acceptance Criteria For each influenza strain to be used the Subcontractor will electronically supply results of a completed _______ titration study using mice of the same strain and approximately the same age prior to the task order challenge portion Titration results should be sent at least one week before the scheduled challenge date and results must be acceptable to ___ scientists before proceeding with the challenges outlined in this task order The ___ scientist will send electronic confirmation that the strain and titration dose is acceptable Challenge will not commence until the subcontractor has received this confirmation from ___ scientist or Leidos Biomed TPM Deliverable should include the source of the stock lot number expiration date (if applicable) ____ data and relevant calculations Deliverable should be furnished to ___ investigator ___ Animal Program Coordinator and Leidos Biomed TPM
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 69
Financially Driven Reports
Financial Status Reports ndash In order to gauge the financial situation of a project
ndash Most often these reports are required monthly and accompany the Technical Status Reports
Comprised of 4 basic components
1) Costs of Work Completed and Invoiced to Date
2) Estimate of Costs to Complete Project (ETC)
3) These work together to create your Estimate at Completion (EAC)
4) Comparison against the awarded and funded amounts to assess financial impactDepending on your Contract Type this information can be conveyed in different formats
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 70
Financially Driven Reports
Financial Status Reports (Example Template)
Subcontractor Cost Schedule Performance (CSP) Reportbull Most Appropriate for Time amp Material or Cost Reimbursable Type subcontracts given the
implications of FAR 52232-20 Limitations of Cost and FAR 52232-22 Limitations of Funds
Did we mention that we also have an IDIQ Prime Contract with dozens of Task Orders that contain unique requirements
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 71
Impacts of Accurate (or Inaccurate) and Timely Reporting
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 72
Impacts of Accurate (or Inaccurate) and Timely Reporting
bull Breach of subcontract with Leidos Biomed
bull Unsatisfied subcontract deliverablesndash Termination action
bull Delays in subcontractor payment
bull Delays in subcontractor funding
bull Could create problems with Leidos Biomed meeting obligations with our Government Customer
bull Could result in negative performance assessments that may impact future awards
bull Public Law violations that could lead to fines or debarment from participating in future Federal awards
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 73
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
Subcontract Close-OutBill HardyPolicy and Compliance ManagerAcquisitions Directorate
Jill RhodesSubcontract Close-Out SpecialistAcquisitions Directorate
October 17 2018
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 75
Requirement for Subcontract Close-Out
FEDERAL ACQUISITION REGULATIONS (FAR)
bull FAR 4804 Closeout of Contract Files
bull FAR 4805 Storage Handling and Contract filesndash Different retention periods apply depending on the type of
records or documents
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 76
Firm Fixed Price Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Firm Fixed Price subcontract to be considered closed within six (6) months after the date of ldquophysical completionrdquo if -
1 Deliverables have been accepted by the Leidos Biomed Technical Project Manager (TPM) andor Milestones have been achieved
2 The ldquoFinalrdquo invoice has been received and paid by Leidos Biomed
Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts is not required to be completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 77
Time amp Materials and Labor HourSubcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Time and Materials or Labor Hour subcontract be closed within twenty (20) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
3 The ldquoFinalrdquo invoice has been received and paid
4 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Leidos Biomed may use the ldquoQuick Close-Outrdquo procedure which allows for negotiation and settlement in advance of a determination by the Government of ldquofinalrdquo indirect cost rates for a specific procurement
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 78
Cost and Cost Plus Fixed Fee Subcontracts
Itrsquos Leidos Biomedrsquos policy for procurements under a Cost or Cost Plus Fixed Fee subcontract be closed within thirty-six (36) months after the date of ldquophysical completionrdquo if -
1 The period of performance has expired
2 Leidos Biomedrsquos Internal Audit has made a determination if costs invoiced are actual supported reasonable and in compliance with the terms and conditions and FAR 52216-7 Allowable Cost and Payment clause
3 A determination of ldquofinalrdquo indirect cost rates has been negotiated with the Government
4 The ldquoFinalrdquo invoice has been received and paid
5 A Subcontractorrsquos Release and Assignment of Refunds Rebates Credits amp Other Amounts has been completed and signed by the Subcontractor
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 79
Other Requirements to Complete a Subcontract Close-Out
bull Government Property ID dispositioned within 30 days prior to the period of performance ending
bull Leidos Biomed furnished materials or equipment is dispositioned by the Leidos Biomed Logistics Support amp Property Compliance Director Fran Jackson FranJacksonnihgov
bull De-obligation of any remaining funds by the Leidos Biomed Subcontract Close-Out Specialist Jill Rhodes JillRhodesnihgov
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 80
Subcontract Close-Out Forms
Release Pursuant to the terms of Subcontract Number __________ and in consideration of the sum of $__________ which has been or is to be paid under the said subcontract to _____________ (hereinafter called the Subcontractor) or to its assignees if any the Subcontractor upon payment of the said sum by Leidos Biomedical Research Inc does remise release and discharge Leidos Biomedical Research Inc its officers agents and employees of and from all liabilities obligations claims and demands whatsoever under or arising from said subcontract experthellip
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
Confidential Information ndash For Internal Use Onlycopy Frederick National Laboratory for Cancer Research All rights reserved 81
Questions
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
DEPARTMENT OF HEALTH AND HUMAN SERVICES bull National Institutes of Health bull National Cancer Institute
Frederick National Laboratory is a Federally Funded Research and Development Center operated by Leidos Biomedical Research Inc for the National Cancer Institute
OPEN FORUM FOR QampA
![SAGEM [email protected]â„¢ 1704 - Somemanuals](https://img.pdfslide.us/doc/110x75/61fb45fa2e268c58cd5c3810/sagem-emailprotected-1704-somemanuals.jpg)
