FedSubK Feature: Focus in FY25 - Be Seen and Be Heard
From the perspective of a Contracting Officer (CO/KO) and acquisition workforce member for over 30 years, I see small businesses every day chasing Government contracts without focus. FOMO is your nemesis and a resource killer.
As we head into the new fiscal year, let's "Focus in FY25" in a couple of areas. Our first is… Be Seen by Federal Buyers.
This may not be popular opinion in the GovCon community—particularly by those businesses that write these and charge small businesses a lot of money to do them, but...a great capabilities statement alone rarely gets you noticed.
Nine times out of ten if the subject line says "ABC Company - Capabilities Statement" the Government recipient is going to immediately drag and drop it into an email folder without reading it and, frankly, may never open it. This is why I caution businesses -- do not spend a lot of money paying for a cap statement. A few hours, your logo, some basic instructions that you can get from others here on LinkedIn, and an AI tool like Gamma, Canva, or PowerPoint get you the same thing.
INSTEAD...after your SAM registration is active, FOCUS on…
(1) completing your Dynamic Small Business Search (DSBS) profile, and
(2) polishing your website.
DSBS is where EVERY FEDERAL BUYER doing market research eventually goes to see how many small businesses identify under the NAICS code they are using for a buy AND how many of those smalls fall under each socioeconomic category. If you don’t have your DSBS profile filled out, you are missing out -- plain and simple.
DSBS has a place to put your business URL -- use it. There is a higher chance of the buyer clicking on your website link than opening your cap statement. Why? It's faster and from one look at your website they can see how "finished" and "polished" your business is with its messaging. A website says more than a cap statement in that regard.
Did I use cap statements in my market research as a CO/KO? Sometimes, but not often. Most often DSBS was my source because it is the authoritative source for socioeconomic status info and provides for quick queries and export of report results. SAM.gov Data Bank reports can also be used. Capabilities statements age and the data is always churning in new small business information. Contracting Officers must use information that is current within the past 18 months to inform their acquisition strategy analyses. They aren’t going to dust off a bunch of old emails to do their market research and cull through the long list they get.
Am I saying you shouldn't do a capabilities statement?
Not at all! It is a great exercise in objectively assessing and honing your written pitch to use in DSBS or orally when you meet people. It can also help you really stretch yourself to identify the true differentiators of your business from your competitors. These are the two areas in the cap statement that need the most work in those I review.
Want to know an even better person to send the capabilities statement to on a regular basis instead of the Contracting Officer?
A person that is charged to advocate internally for small businesses – the office Small Business Specialist. These specialists are charged with advising the Contracting Officer on small business matters. Every action under the Simplified Acquisition Threshold that isn’t going to a small business and every action over the Simplified Acquisition Threshold, regardless of dollar value or acquisition strategy, goes through the Small Business Specialist for review and sign off.
But with all that said, again...a great capabilities statement alone is rarely going to get you noticed. FOCUS on your DSBS profile and website.
Next let’s talk about how to…Be Heard by Federal Buyers
I meet so many small businesses concerned about interactions with the Government. They are worried about making a good impression, asking the right questions, coming across smart about Government contracting, but still getting answers to questions important to them. The worry results in a paralysis of sorts, particularly because so much of that communication is no longer in person but via email.
Trying to sort out what “GovCon Whisperer” to listen to is hard to decide. They all have their own take. But… have they been on the receiving end of these marketing emails from thousands of businesses? Ummm, probably not. Lucky for you, I have!
It's a good thing to be conscientious of making a good first impression; you only get one, as they say. But before you start firing off emails to Government acquisition personnel with cute snappy subject lines and a list of asks, then following up with daily, “Can we connect ASAP?” inquiries out of FOMO, let me give you some advice – that isn’t going to do anything but annoy the heck out of the Government recipient.
INSTEAD…Educate yourself on the different roles on the Government’s acquisition team and FOCUS on...
1) Asking the right people the right questions at the right time, and
2) Creating a cadence for regular communications.
The Right People
You can learn about the different roles involved in the Government acquisition process in the prior FedSubK Feature: Hate the Game, Not the Players – Know the Roles in Federal Contracting (Feb 2024). This article talks to the main function of each and their focus during a procurement.
The Right Questions
After you know the roles of who does what in the acquisition process, you know better who can best answer specific questions. You could ask the Contracting Officer to provide an interpretation of the Federal Acquisition Regulation (FAR) like an answer book. Or you can go to acquisition.gov, do a little research yourself, and instead ask for the Contracting Officer to confirm of your interpretation of a topic, situation, clause, etc. Even if that interpretation is wrong, you learned something in the process and you aren’t asking the Government to spoon feed you answers. Contracting Officer’s like that. And from a Contracting Officer’s perspective, there are no dumb questions. Most are there to help you because that helps them later.
The Right Time
You’ve heard the saying, “Timing is everything?” Well, that’s definitely the case in Federal contracting. Even if you know the right people and the right question, knowing WHEN to ask is important. Has the Government issued an RFI, RFP, or have you just heard a rumor something is coming? Where the Government is in the acquisition process will tell you when they can (or can’t) entertain or answer a question.
So how do you know when the time is right for a question? Generally:
Pre-Award: FAR Subpart 10.001 encourages agencies to engage with industry early during market research to gather info about potential solutions. Regardless of the question, expect to get broad answers equating to general information about agency mission needs and future requirements; no specifics about when an RFP will be issued, the acquisition strategy, or scoping information.
Solicitation Phase: FAR Subpart 15.201 states the limitations on exchanges with industry before receipt of proposals. The Government may issue an RFI, a draft RFP, hold a presolicitation conference, site visit, conference, or conduct one-on-one meetings with potential offerors among other methods.
During this time, specific questions can be asked to identify and resolve concerns regarding the acquisition strategy, including proposed contract type, terms and conditions, and acquisition planning schedules; the feasibility of the requirement, including performance requirements, statements of work, and data requirements; the suitability of the proposal instructions and evaluation criteria, including the approach for assessing past performance information; the availability of reference documents; and any other industry concerns or questions related to the information provided by the Government.
The Government may choose to share answers to industry questions without attribution to ensure a level playing field.
Evaluation / Award Phase: Communication and any exchanges with industry, particularly offerors, is severely restricted after receipt of proposals and must go through the Contracting Officer. This includes all communications before and after establishing a competitive range (FAR Subpart 15.306), the limitations on what information can be exchanged, to whom it can be exchanged with, when exchanges can occur, and award and unsuccessful offeror notifications.
Only interested parties (i.e., offerors) should ask questions and then, only when contacted by the Contracting Officer, following instructions for the response. Other parties should expect no response to questions or inquiries.
Post Award Phase: The Government will make a public announcement of award, when required in SAM.gov. After award the Government may answer general questions about the awardee (name and location) and the general scope of the work. Pricing and other source selection sensitive information will not be released.
Please do not try to coerce a Government official to tell you anything more than they can when they can. It shows you don’t understand the process or respect the rule of procurement integrity (i.e., keeping the playing field level). Remember that impression you want to make? Keep that in mind and don't let frustration over the silence get to you.
Also, be cognizant of the time of year it is in the Federal acquisition cycle. Don’t expect immediate responses to general inquiries July – mid October. After Thanksgiving through the end of the calendar year, most contracting offices are also operating with minimum staff. That’s because Contracting Officers are taking all the vacation time they can’t take in the summers with their family over the holidays every year.
Touching base is great. Offering to be a resource – great. But read the room and look at the calendar. And that leads me to…
The Right Cadence
Let me give you some advice. Do not send messages to government personnel on successive days in a row to follow up on an email. I repeat – DO NOT. If your GovCon advisor is saying that to you, they don’t know the mind of a Contracting Officer. There is a difference between persistent and pushy. You DO NOT want to be that business that makes the Contracting Officer cringe when they see your name pop up in their inbox.
So…what is a good cadence?
While you’re building a relationship, check in at least every 3-4 months minimum. Once you’ve established the relationship, check every 6-8 weeks max. For a Contracting Officer, time flies. If they get requests too often, you’ll become cringe-worthy again. Don’t do that.
If you’ve sent an email and are waiting for a response, remember, read the calendar.
- Was it sent on a Monday or Friday? A lot of Federal employees work compressed schedules and have alternating Mondays or Fridays out of the office.
- Was it sent within the last few days? Wait at least 4-5 days to follow up. Life happens, people are out with sick kids, sick themselves, have doctor appointments, bosses and other work that demands their time constantly, or the question may not fall high on the priority list that week. Be patient. And if you know their phone number, maybe try a call after a few failed email attempts. It’s always harder to tell you “no” on the phone than ignoring an email. A personal touch never hurts.
- Was it sent during a major conference period like the National Contract Management Association (NCMA) World Congress? They may be taking online classes or be at the one office trip they get a year.
Focusing on a few essential basics in FY25 is a great way to kick on the new fiscal year and get realigned with your business goals!
Check out small business training events, guides and templates, FedSubK Features and blog articles to add more focus in your Federal contracting journey at fedsubk.com
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DoD Reduction In Force (RIF) Guidance
Just when you thought it couldn't get any more confusing, some agencies also have their own RIF guidance separate from the OPM guidance that is what we've heard the most about. DoD is one of those agencies.
A copy of the current DoD RIF guidance, DoD Instruction 1400.25, Volume 351, is found at: https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/140025/140025_V351.PDF?ver=DgEFMmb9dLDV7OV-PLb7VQ%3D%3D
This guide establishes policy, assigns responsibilities, and prescribes procedures for reduction in force (RIF) actions taken under Part 351 of Title 5, Code of Federal Regulations (CFR), as modified by Section 1597(f) of Title 10, United States Code (U.S.C.).
This guidance does not, in full, apply to DoD employees covered by an alternative personnel system (e.g., the Acquisition Demonstration; Science and Technology Reinvention Laboratories; and the Defense Civilian Intelligence Personnel System). Those systems will develop their own policies and procedures for RIF that comply with the law, as approved by the Under Secretary of Defense for Personnel and Readiness (USD(P&R)). This guide also does not apply to Senior Executive Service (SES) positions.
The policy statement in 1.2 states that, "For any RIF of civilians in the competitive and excepted services in the DoD, the determination as to which employees will be separated from employment must be made primarily on the basis of performance."
In accordance with 10 U.S.C. 1597, DoD must report to Congress 45 days prior to implementing an approved RIF.
DoD will comply with 5 CFR 351.402 and 351.403 when establishing competitive areas and competitive levels, respectively. Competitive service employees and excepted service employees are placed on separate retention registers established in accordance with 5 CFR 351.404 and 351.405.
For purposes of DoD RIF, employees are placed in one of two categories:
- employees with a period of assessed performance of less than 12 months, and
- employees with a period of assessed performance of 12 months or more.
An employee’s period of assessed performance for purposes of RIF will be the sum of the months of assessed performance associated with the employee’s performance appraisals within the most recent 4-year period preceding the cutoff date established for the RIF. However, periods of time in a rating cycle for which an employee’s performance was not assessed are not included in the employee’s period of assessed performance.
For example, if an employee receives a rating after serving 10 months of the 12-month cycle, the employee’s period of assessed performance is 10 months for that rating cycle.
For employees absent for military service, periods of time during the rating period may be treated as periods of assessed performance if they meet the requirements of Paragraph 3.3.c.(1) under Paragraph 3.3.b.(2) of the DoD guide.
Retention Factors
Competing employees are listed on a retention register based on--
- Rating of Record. See Section 3.3.c. for rating of record examples based on cutoff dates, military service, time frames for ratings to be used, and ratings from a system other and the Defense Performance Management Program (DPMAP).
- Tenure Group. This follows the definitions found in 5 CFR 351.501(b) for competitive service and 5 CFR 351.502(b) for excepted service.
- Average Score. In general, an employee’s average score for one performance appraisal is derived by dividing the sum of the employee’s performance element ratings by the number of performance elements. The average of the average scores drawn from the two most recent performance appraisals received by the employee, except when the performance appraisal reflects an “unacceptable” rating of record will be reviewed. When the most recent performance appraisal reflects an “unacceptable” rating of record, only that performance appraisal will be considered for purposes of the employee’s average score.
- Veterans’ Preference. This follows the procedures in 5 CFR 351.501(c) with three veterans' preference subgroups:
- AD - 30% or more disabled veteran
- A - eligible for veterans' preference for the purpose of RIF but not for placement in the AD category (i.e., less than 30% disabled veteran determination)
- B - not eligible for veterans' preference for purpose of RIF
- DoD Service Computation Date-Reduction in Force (DoD SCD-RIF). Follows rules of credible service as found in 5 CFR 351.503(a) and (b). DoD does not follow 5 CFR 351.504, which grants additional retention service credit in RIF based on an employee's ratings of record.
Rounds in Reduction in Force (RIF)
Two rounds of RIF will be conducted. Round One, Release from Competitive Level, and Round Two, Assignment Rights, are explained in the document in detail related to types of appointments, order of release from the competitive level, and exceptions that may apply. They are found in sections 3.5 and 3.6, respectively.
Displacement may occur during Round Two. Displacement is the assignment of an employee to a continuing position in a different competitive level that is held by another employee with a lower retention standing (i.e., “bumping” another employee). Displacement may be at the same grade or at a grade up to three grades or grade intervals (or equivalent) below the position of the released employee.
Right of Only One Offer
Employees released from a retention register are only eligible for one offer of assignment (similar to OPM rules), with some exceptions. If the employee accepts and offer, rejects an offer, or fails to reply to an offer in a timely manner, they are not entitled to further offers. However, the DoD Component must make a better offer of assignment to a released employee (i.e., to a position with a higher representative rate) if a position becomes available before, or on, the RIF effective date.
Sample retention registers and scenarios are found in the guide in Appendix 3A. Employees have the right to request a review of retention registers and have representation also be allowed to review the registers, as requested by the employee.
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DISCLAIMER: Info is provided for awareness. I am NOT an HR professional but an HR enthusiast having started in HR and being a Federal supervisor and hiring manager. Before taking any action that changes your status, please seek the advice of an attorney knowledgeable in Federal employment law.
Voluntary Separation Incentive Payment (VSIP)
Voluntary Separation Incentive Payment (VSIP) allows agencies that are downsizing or restructuring to offer employees lump-sum payments up to $25,000 as an incentive to voluntarily separate. The amount received is reduced by Fed and state taxes, social security, and Medicare, as applicable.
The full guide on the program is found at the OPM website https://www.opm.gov/policy-data-oversight/workforce-restructuring/voluntary-separation-incentive-payments/guide.pdf
Eligibility for VSIP requires an employee be employed by an Executive Branch agency for at least three (3) continous years without a time limit and not be--
▶️ a reemployed annuitant;
▶️ otherwise be eligible for disability retirement;
▶️ recipient of a notice of involuntary separation for misconduct or poor performance;
▶️ recipient of any previous VSIP from the Federal Government;
▶️ on a service agreement for which--
➡️ a student loan repayment benefit was paid, or is to be paid, during the 36-months preceding the date of separation;
➡️ a recruitment or relocation incentive was paid, or is to be paid, during the 24-months preceding the date of separation; and
➡️ a retention incentive was paid, or is to be paid, during the 12-months preceding the date of separation.
If you receive a VSIP and later come back to Federal Service within 5 years of the date of the separation on which the VSIP is based, you must repay the entire amount before your first day of reemployment. This includes working under a personal services contract or other direct contract with the Government.
The top 10 questions related to VSIP can be found at https://www.opm.gov/policy-data-oversight/workforce-restructuring/voluntary-early-retirement-authority/top-10-frequently-asked-questions-about-vera-and-vsip.pdf
OPM's page on VSIP is at https://www.opm.gov/policy-data-oversight/workforce-restructuring/voluntary-separation-incentive-payments/
DISCLAIMER: Information is provided for situational awareness. I am not an HR professional but an HR enthusiast having been a Chief of Contracting and Federal supervisor. Please consult with an attorney knowledgeable in Federal employment law before making any decisions that impact your Federal employment status.
Separate Your Government and Personal Communications
Feds...if you haven't separated your Government communications from your personal communications yet, now is the time to do it.
There has never been an expectation of privacy while using Government Furnished Equipment (GFE). But GFE has been allowed to be used for quick personal calls or emails to check in with children or with family members during the work day. And over time, you may have blended your Government and personal communications more than you realize.
Now, however, it appears your every digital and possibly physical move may be tracked, recorded, and stored. Software and hardware that tracks employee activity, digital behavior, and even movements within Government office space should be expected. Tracking software has (allegedly) already been pushed at some agencies or is (allegedly) expected to be pushed soon.
Computer monitoring programs are expected to track:
🔸️Key stroke loggers to record what is typed or edited
🔸️Analyze chats for flagged words
🔸️Network activity, file access, login, and online behaviors
🔸️Application usage and websites visited and what was searched
Expect software applications to be employed that will analyze this information and generate behavior risk scores by employee. Also expect that all online meetings and chats will be recorded, transcribed, and stored / archived for review without the choice to turn those features off.
Several employees at one prominent agency are reporting their GFE laptop cameras and possibly mics are being turned on during their work day without their consent and outside of active video meetings.
Highly suggest --
▶️ using a privacy cover for your webcam.
▶️ monitoring the activation light.
▶️ taking all personal calls away from your work space on a personal device.
▶️ taking other precautions to protect sensitive conversations, business and personal such as only using a personal device.
