FedSubK Feature: Post Award Compliance - Thinking Beyond the Win
It’s been a long road. Registration in SAM.gov. Applications for SBA certification(s), when you’re eligible. Capabilities Statements, researching historical awards, cold calls, and cold emails. Conferences, handshakes, and more calls and emails. After responding to Requests for Information (RFIs) and preparing submissions under Requests for Quote (RFQs) and/or Requests for Proposal (RFPs), you get your first WIN! You are now a Federal prime contractor!
Maybe it’s a small contract, or maybe not. But now that you have your foot in the door with your first win, don’t forget that performance is not only about the scope of work but also about compliance with Federal procurement policies AND reporting that compliance to the Contracting Officer and others. What you do before the contract award to pre-position your company for compliance with all those contract clauses is just as important to your overall success as a Federal contractor.
Let’s review where we find those in the solicitation – since again, you want to start your preparation BEFORE you win the contract, not after you start performance.
In the FedSubK Feature from January 2024, Finding Your Way Around a Federal Solicitation, and following the Uniform Contract Format (UCF), you’ll find clauses that you must comply with during performance in the following sections:
- Section D, Packaging and Marking. Provides packaging, packing, preservation, and marking requirements, if any, specific to the agency or end user’s needs.
- Section E, Inspection and Acceptance. Includes inspection, acceptance, quality assurance, and reliability requirements as outlined in FAR Subpart 46.2 Contract Quality Requirements. Other higher-level standards applicable to the work, such as International Organization for Standardization (ISO), American Society for Quality (ASQ)/American National Standards Institute (ANSI), National Institute of Standards and Technology (NIST), and others, will also be indicated.
- Section F, Deliveries or performance. Specifies the requirements for time, place, and method of delivery or performance.
- Section G, Contract Administration Data. Includes accounting and appropriation data (if not elsewhere included) and contract administration information like reporting requirements and invoicing instructions.
- Section H, Special Contract Requirements. Includes special contract requirements that are not standard FAR clauses or those from a FAR supplement required to be included in other sections of the solicitation. Examples of special contract requirements are security, badging, facility access, task order award processes under multiple award contracts, key personnel requirements, and min/max order thresholds.
- Section I, Contract Clauses. Houses standard FAR clauses and those required by agency FAR supplements as appropriate for the requirement, as required by law.
- Section J, Attachments. Includes any applicable Department of Labor (DOL) wage determinations and for the Department of Defense (DoD), Data Item Descriptions (DIDs) and Contract Data Requirements Lists (CDRLs).
Remember all those representations, certifications, and other assertions you made in SAM.gov about your business? You know the ones. Is there a parent company that owns your business? What were your gross receipts? Well, a large majority of those provisions are represented by a corresponding clause in the resulting contract that requires compliance of some sort, too.
Some examples of compliance and reporting requirements that you’ll have as a Federal prime contractor are:
✅️ notifying employees of their rights under a Federal contract (i.e., EEO, whistle-blower, prevailing wages, etc.),
✅️ documenting and tracking costs from and the hours expended by employees covered under Service Contract Labor Standards (SCLS) for Service Contract Reporting,
✅️ assuring that new telecom doesn't include prohibited equipment,
✅️ explaining the Government TikTok ban to employees,
✅️ paying wages and fringe benefits in compliance with Department of Labor prevailing wages,
✅️ tracking limitations on subcontracting between the work you and your subs perform,
✅️ submitting employment reports on veterans,
✅️ acquiring energy efficient and green products under your contract,
✅️ complying with the Buy American Act,
✅️ using invoice formats and submission tools that make your head spin,
✅️ other agency-specific background, badging, security, cybersecurity, and reporting at a variety of intervals depending on agency requirements, and more.
If you are a GSA Schedule Holder, you can also add monthly / quarterly reporting on sales and Industrial Funding Fee (IFF) tracking, collection, and remittance to GSA and the effort can pile up fast. GSA has created a page that contains a list of post-award compliance requirements that can be found here.
If a little panic is starting to set in, now is the time to act. If you’ve already got a Federal contract and you’re not doing some of those things, you're well behind the power curve. If you are still waiting for that first contract, now is the time to have a plan for how to comply. Don't freak out. PLAN! NOW!
▶️ Read the solicitation and extract compliance requirements from the sections identified above.
▶️ Determine the resources you need to successfully comply and report in a timely manner.
▶️ Study similar solicitations and start building a Corporate Compliance Plan for Federal sector work BEFORE you win that first contract.
Some AI tools on the market now can take a solicitation and digest it down into a compliance matrix. If you subscribe to a tool or you are shopping around, ask if it can generate a post award compliance matrix. Other AI tools dump every “shall” and “must” statement into a table. That’s not helpful to anyone. (Check out FedSubK's checklist to assess your readiness for using AI tools for more things to ask yourself and at a demo.)
When it comes to compliance, another thing you must be aware of is that many of the clauses are required to flow down to subcontractors. Except for clauses that incorporate DOL wages, if a clause requires subcontractor compliance, it will state it in the last paragraph of the clause and indicate the reach of the clause requirements in terms of which tier of subcontractors and/or suppliers it applies to.
I’ve heard contractors over the years say, “We’ll thought we'd worry about it when it happened” or “Isn't that the subcontractor’s problem.” Don't think like that. Here are a couple real examples from my experience where that thinking was costly to the contractor.
Prime Contractor doesn’t monitor subcontractor timesheets and payroll against DOL Service Contract wage determination. A disgruntled subcontractor employee decided to call the local DOL office, who then called me as the Contracting Officer. A DOL wage survey and audit of payroll / timesheets was triggered to determine if wages paid were accurate and complete. After the review was over, the subcontractor had to pay additional wages in back pay to employees and change their method of payroll and procedures. The prime also had to pay a fine of $93,000 to the DOL for failing to ensure its subcontractor paid proper wages, fringe, and benefits. (Service Contract Act violation – 41 U.S.C § 6703 & 6704)
Prime Contractor gets a contract with the Department of Defense (DoD) under a solicitation that contains the DFARS Provision 552.204-7008 dictating compliance with certain cybersecurity requirements which, by submission of the proposal, the contractor agreed they were compliant. The resulting contract contained the DFARS clause 552.204-7012 to enforce such compliance. During performance it was found that the Prime failed to disclose non-compliance with the provision in their offer and their systems fail to meet the standards required. Had the Government known of the noncompliance prior to award it could have impacted the contract award decision. The person signing the offer (i.e., authorized official of the company) was liable for three times the Government’s damages plus a penalty for acting knowingly, even when there is no intent to defraud. (Civil False Claims Act violation - 31 U.S.C §§ 3729)
(In the same instance above, if the person liable was found to have made the representation with the intent to defraud the Government, then the violation could fall under the Criminal False Claims Act (18 U.S.C § 287). Not where you want to find yourself.)
Once you get a Federal contract award, you’re off to the races. But playing catch-up on compliance and reporting after award indicates a lack of readiness to the Contracting Officer when being considered for future work (which is one of the reasons that the Government asks about prior Federal experience and past performance to begin with). And that can create a negative image of your company and put a cloud over your current performance at a time when you need to most impress the Government.
My advice? Putting in the effort to think about post-award compliance before award will help you position your company for success from your first contract and for the long term. Think beyond the win.
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The FAR Overhaul: Long-Deferred Maintenance on the Government's Procurement Highway
If you’ve ever worked in federal procurement — as a contracting professional, program manager, small business, prime, sub, or advisor — you’ve probably had this moment:
You’re doing your best to follow the rules…and suddenly you hit a clause, a cross-reference, or a requirement that feels like it came out of nowhere.
That’s because the Federal Acquisition Regulation (FAR) isn’t just a set of rules. It’s a highway system. A massive, heavily traveled road network that’s been patched, expanded, and rerouted for decades — and in many areas, it’s operating with years of deferred maintenance.
Let’s talk about what that really means using the highway analogy to explain why the Revolutionary FAR Overhaul isn't as "revolutionary" as some might think.
The FAR is like a Well-Traveled Federal Highway
The FAR is the main road that nearly every federal acquisition travels on. And like any highway system:
- Everyone uses it
- Everyone depends on it
- And over time, it’s been modified in ways that made sense in the moment… but created complexity later
If you look at any highway on Google Maps it shows a rather clean route. FAR, we were taught, was set up to be the same way: requirements, procedures, clauses, and guidance. But once you’re actually “driving” that road? Well, you realize the terrain is full of twists and turns. It's more complicated than you realized.
Hidden Guardrails: The Rules You Don’t See Until You Need Them
Some of the FAR’s most critical compliance safeguards are like guardrails buried under weeds or snow. They’re there for a reason: to prevent waste, protect fairness, ensure accountability. But they’re not always easy to spot. In practice, you often discover them when someone asks:
“Did you document that?”
“Where’s your justification?”
“Why didn’t you compete this?”
“Which clause applies here?”
That’s when you realize the guardrails were present the whole time — just not visible.
Guardrails are added all the time or in the process of being fixed (via rulemaking). But all that construction can clog up traffic and make the time for arrival (contract award) continually recalculate.
Hazards & Risks: Potholes, Speed Traps, and Fog
Now add in the hazards:
- Potholes = ambiguity and unclear language
- Fog = inconsistent interpretation across offices and agencies
- Construction zones = evolving policy updates, executive orders, and new mandates
- Speed traps = protests, audits, IG scrutiny, and compliance reviews
And these hazards hit different people differently. The same stretch of FAR may feel smooth to one team and treacherous to another. That’s not because the people are bad at driving — it’s because the road is uneven.
Side Roads & Gray Areas: The Detours Everyone Knows About
Then there are the side roads. Some are official alternate routes: simplified acquisition procedures, flexibilities, exceptions, and FAR “shortcuts” that exist for good reasons. Those are the routes people take because they’ve always taken them. Indicators might be hearing yourself or your peer say --
“We’ve always done it this way.”
“That’s how the last CO handled it.”
“This should be faster.”
“It’ll probably be fine.”
Side roads aren’t automatically wrong. But they come with risks, Eventually someone asks, “Why did you go that way instead of the main route?”
Others are the gray areas -- the gravel roads and roads only the locals (experienced COs/KOs) know. Those routes have to be navigated very carefully and even the best driver can have issues even if there is less traffic. Many times they beat those on the highway to their destination, but it's only because they know where all the seen and unseen hazards are from their years driving that route.
So What Is the FAR Overhaul, Really?
Here’s the key point:
✅ It is NOT building a new road.
✅ It is NOT bulldozing the FAR and replacing it.
✅ It IS road maintenance -- the kind that should've been done years ago.
And when you have decades of deferred maintenance, it takes a lot of work to make that road appear to be what it was all along.
But that's not "revolutionary". That's finally doing the work you've been putting off because you couldn't get to it.
The County (in this case, the FAR Council, being the governing body over the FAR and its contents) could always do a little better job at maintenance than they do. But their budget and resources are low and their workload demands are very high (just take a look at the FAR Open Case Report). Sometimes it takes a new Sheriff In town (a new Administration) driving down the highway see what those too close to it should have been aware of all along. Layers upon layers of deferred maintenance.
The FAR Overhaul is best understood as freshening up the same highway.
- Clearing overgrowth = outdated and redundant material and non-regulatory clutter.
- Improving signage = clarity and usability.
- Standardizing merges and exits = better consistency and flow.
- Removing obsolete detours = non-regulatory clutter, outdated terminology, and rules that no longer serve their purpose.
And a bonus is the updated maps available for your travels (FAR Companion and Practitioner Albums)
The destination isn’t changing. But the route is FAR more functional -- see how I did that. ;)
Why This Metaphor Matters
When people hear the word “overhaul,” they often assume “Everything is changing.” But what this effort really signals is “We are fixing the road we’ve been driving on for decades.” That’s important because procurement has become more complex, acquisition timelines are under pressure, and both agencies and industry need guidance that is easier to understand, apply, and defend.
If the FAR Overhaul is the same old FAR highway with better pavement, clearer signs, fewer surprises, and, hopefully, less time lost in detours, fewer compliance collisions, and a smoother drive for everyone. The biggest difference is that now all travelers know what the locals knew all along. How to get from point A to point B in less time using an updated road system and map.
Safe travels on the FAR Highway in 2026!
The FAR Is a Highway System… and the Revolutionary FAR Overhaul Is Long-Overdue Road Work
Contract Types and Contract Vehicles: The Difference Matters
Nuances matter in Federal Contracting. Those who haven't lived the Federal Contracting experience day in and day out may believe it's minor details that don't make a difference. They don't pick up on the nuances.
For those that have lived it from behind the walls of an agency know how those nuances can make a difference between how you are perceived building relationships with primes, potential team members and, most importantly, agency decision-makers.
One nuance -- Contract Types and Contract Vehicles.
Contract TYPES are defined by the pricing structure and risk ratio between the parties. They are:
✅️ Firm-Fixed-Price (FFP) to include FFP with Economic Price Adjustment (FFP w/EPA), Prospective Price Determination, Fixed-Ceiling Priced Contracts with Retroactive Price Redetermination, and those with a Level-of-Effort term (FFP-LOE).
✅️ Cost Reimbursement (or "Cost-Plus" ("CP")) to include cost sharing, Cost-Plus-Fixed-Fee (CPFF), Award Fee (CPAF), and Incentive Fee (CPIF).
✅️ Time-and-Materials (T&M) with materials on a fixed-price or cost-reimbursement basis.
✅️ Labor-Hour (L-H).
Contract VEHICLES provide the performance and administrative structure for the Contract Type. Those are:
✅️ Definitive Contracts are for specific stand-alone project(s) that fall above the Simplified Acquisition Threshold (SAT).
✅️ Indefinite Delivery Vehicles (IDVs) include Indefinite Delivery Indefinite Quantity contracts (IDIQs), Definitely Quantity, and Requirements vehicles. They include, but are NOT exclusively, governmentwide (GWACs), agency-specific, or GSA Multiple Award Schedules (MAS).
➡️➡️ Under the IDV umbrella falls task orders (services) & delivery orders (products) and specific instructions for who can order and how.
✅️ Agreements such as Basic Agreements, Basic Ordering Agreements (BOAs), and Blanket Purchase Agreements (BPAs).
➡️ ➡️ They are most often an umbrella for calls / orders (agencies call them both of these things even where FAR / RFO is specific, so it is easy to get confused), but don't have to be.
✅️ Purchase Orders (POs) (actions that fall under SAT).
✅️ Letter Contracts.
Yea, I know. FAR (even the RFO) lumps them all together as "Contract Types" in Part 16. But none stand alone. In my opinion, the FAR rewriters blew their chance to clarify this important piece of the procurement puzzle. For example:
▶️ IDIQs for services may include the ability to issue multiple types of task orders like fixed-priced, cost, T&M, and L-H under them, or only one type.
▶️ Definitive contract vehicles can be any contract type or combination thereof (hybrid) as indicated in the contract line items (CLINs) and for which terms and conditions are included.
Bottom line is -- There is not a complete understanding of a contract vehicle without defining its contract type(s).
If you see folks lumping TYPES and VEHICLES together in a discussion without explaining the difference, you know they aren't familiar with the nuances of this part of the FAR / RFO.
Follow those that are and have. Visit fedsubk.com and Expand your Federal Contracting knowledge today.
There are nuances in every FAR / RFO Part, including Part 16. We talk about why it is important to know and understand them in this marketplace.
FedSubK Feature: Be Seen! Why Your SBS Profile is So Important
UPDATED November 2025 to incorporate changes from the SBA Dynamic Small Business Search (DSBS) to the new SBA Small Business Search (SBS)
I’ve posted on LinkedIn a lot recently about ways to be seen as a little fish in the big pond that is the Federal marketplace. Every GovCon consultant has a take on the best entry points with agencies. My take is there is only one place small businesses MUST put their best foot forward to be quickly and easily seen by Federal buyers for potential opportunities and influence small business set-asides.
The Small Business Administration (SBA) Small Business Search (SBS) is THE PLACE you must be on your A-game.
The Small Business Search (SBS) is a database in which SBA houses information on the current pool of certificated small businesses. Presently, small businesses that do not have certifications or are self-certified, may also create a profile in this database. The SBS is used by contracting officers, small business specialists, large prime contractors, and other small businesses looking for teaming partners to find small businesses that can help meet Federal requirements and identify businesses that can help the Government (or a prime contractor) meet its small business goals. SBS is one of the first--and often only--sources used in market research by agencies to determine the numbers of small businesses able to provide products or services by North American Industry Classification System (NAICS) code.
You can see why this might be an important place to pay attention to, eh?
Businesses have forgotten about the SBS in the last few years because SAM.gov no longer sends small business registrants directly to SBS at the end of their registration to complete the profile like it used to. I HUGE bummer. Businesses now must wait for their SAM.gov registration to be activated, then they can establish an SBA SBS account, claim their entity record, and fill in their company profile in the SBS system. Federal buyers are looking for detailed information from SBS to use as part of their market research efforts.
SBS isn’t only for market research.
Even more importantly, the SBS shows Federal buyers the status of any pending certification applications for the purpose of determining whether you are eligible to compete for a set-aside action. For example, an Economically Disadvantaged Woman Owned Small Business (EDWOSB) can still submit an offer for an WOSB set-aside even with a pending application for certification showing in the SBS. Contracting Officers often use SBS as a source to confirm the socioeconomic certification status and 8(a) program participation along with SAM.gov.
While MySBA Certifications automatically sends socioeconomic certification status to SAM.gov and updates the requisite reps and certs to reflect the correct socioeconomic status, recently it has taken weeks for that migration to occur. WOSBs and EDWOSBs have reported not seeing their correct socioeconomic status reflected in their SAM entity record.
Businesses should always check their SAM entity record to ensure that the proper status is shown within a reasonable time after receipt of an active certification status; usually within 14 business days. If the record is not accurately reflected, you can contact answerdesk@sba.gov or the SBA socioeconomic program under which your business was certified for assistance. If a Contracting Officer says that your SAM record does not reflect the status claimed, ask the Contracting Officer to check SBS for the more accurate information because of these delays.
So now let’s talk about BEING SEEN in SBS and walk through each part of the registration.
Understanding how to maximize the fields in SBS is how you can make the best possible first impression so that Federal buyers want to learn more about YOU!
The Key Words
Often businesses pluck these from thin air and over-generalized based on what they think the Government wants to see. Key words need to reflect and incorporate aspects of your primary NAICS, secondary NAICS, and what you can provide under those NAICS. If you use key words that don’t reflect your primary NAICS, you’ll leave the Government scratching their head about you. They won’t understand the message you’re sending about your company. Be consistent and specific with key words while tying into your NAICS codes in order to leave the best impression. You have 500 characters -- use them wisely.
The Website
Be sure that you include the URL for any website you have. Make it be more than a landing page. It needs to tell your story. It needs to include information about your company, what you sell, past customers, and products or solutions you provide. And most of all, it must be polished. Scrub your site hard for formatting, typos, grammatical errors, etc. Acquisition personnel using the SBS will often quickly click on the site to see just how polished it is. When it looks good, they get the impression you know your stuff and pay attention to details.
The Capabilities Narrative
This is the written equivalent of your elevator pitch. This section should include all the things you’d include in that two-minute speech. Hit hard on what your company specialized in and its core product or service areas. Show the business’s focus and avoid being all over the map by overpromising on the breadth of work the business performs.
Near the end of the capabilities narrative, list any socioeconomic certifications Why not lead with it? Because that certification is only part of your business, and it alone does not get you interest from the Contracting Officer. End with that information so the Contracting Officer can easily see it in a quick query and get your business into their market research counts.
Lastly, identify any government contract vehicle or GSA Schedule your company may hold. If you can catch their eye that you have an existing GSA Schedule or your business participates in the 8(a) program, you’ll get counted and likely get a look in terms of the Contracting Officer wanting to know more. If they need to meet a socioeconomic goal, they can see quickly. You’re helping the Contracting Officer do their job. They LOVE that! (And made another great first impression!)
SBS now also includes a field to add a link to your online capabilities statement. Use it!
“Extras” You Should Never Skip
Performance History
I cannot say this enough…if you history doing work for any Government or quasi-Government entity at any level -- Federal, State, or Local level -- list them! Don’t play the “they’ll see that when I propose” game. Showing performance history—even if it is minimal or commercial and not Government--helps. How? It proves the viability of the business and the size and types of projects you’ve completed. Those goes a long way to determining eligibility of the business based on performance on same / similar work of a same / similar dollar value (“Rule of Two” stuff – you can read more about that here).
Review Your Profile
Go out to the SBS site and use the filters for your NAICS, business name, geographic location, and business types. Make sure your show up and see how your profile measures up to your competitors. Look at their records and see what they included that you haven’t. Use the good ideas of others, but don’t plagiarize. Contracting Officers will see that and that won’t look good for either of you.
Keep Evolving
Your SBS isn’t something that you can just set and forget either. Make reviewing your profile in SBS something you do when you renew your SAM.gov registration every year. If something major changes in your business focus, NAICS, or socioeconomic status, make associated changes in SBS.
What GovCon doesn't always talk about -- The SBS Influence
When doing market research and trying to determine if an acquisition should be set-aside for small businesses, the Government is not only counting about the numbers of small businesses that claim they can do the work under a NAICS code in SBS. They are analyzing your SBS profile to see if your business could be one of the "... two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery" and they have “…a reasonable expectation of obtaining an offer…” from you. (There’s that pesky “Rule of Two” again.)
In other words, based on what they see, could you submit a proposal likely to win? And how does a Contracting Officer determine that? Simply put... the your answers to everything we just covered.
Completing your profile helps tip the market research scales toward a small businesses set-aside and possibly a specific socioeconomic set-aside. If you're all over the map in your SBS narrative, the Government will not consider you viable eligible contractor towards that “Rule of Two” and could possible choose to go another way with their acquisition strategy, away from a small business set-aside. Or worse, they set it aside but remember your name from the market research as one of the businesses that didn’t make their initial market analysis cut.
Influence where you can! SBS is the place where you have a lot of influence!
Have I convinced you to get out there and create or update your SBS profile yet?
While the system is no longer got the word "Dynamic" in the title, don't forget its meaning. Life is dynamic, business is dynamic, and your SBS profile should still be dynamic, too. Get it completed ASAP. You can’t afford not to.
Remember again, SBS IS WHERE FEDERAL BUYERS GO TO FIND SMALL BUSINESSES and where other small businesses go to find teaming partners and subcontractors.
Get out there, GET NOTICED, BE SEEN, and STAY DYNAMIC!
(former title: FedSubK Feature: Be A Dynamic Small Business!)
