Maine PTAC Newsletter

Helping businesses find, win and perform on government contracts • maineptac.org

March 2020 Newsletter

Upcoming Events

Visit maineptac.org/events to find other events near you

As we continue to provide services, all in-person meetings, events and workshops are postponed until further notice. When possible, we will conduct these events via video chat, call, or email.

For a complete list of updates from Maine PTAC and EMDC, please check the links below.

Maine PTAC Updates

EMDC Updates

Working Differently with COVID-19

Ken Bloch, Program Manager

The COVID-19 virus is already bringing many changes to how we go about our daily lives. It may bring even more. We at Maine PTAC are not immune to it. We recently held an all-staff meeting via Zoom and will be holding them regularly. A screenshot of that is below. We could not ignore the resemblance to a famous TV “Bunch”.

The important point here is that we are going to use technology to continue to bring you the government contracting support that you need. We are not going away and while we will have to modify how we provide that support, we are determined to provide you with the great assistance that you have grown to depend on. You can find all of our email and phone numbers by clicking here .

Please reach out to your local counselor or any of us with your questions or to request assistance. The PTAC Bunch will be ready to help you. Oh, and stay safe and wash your hands!

Writing an Effective Capabilities Statement for Federal Contracts

Miranda Pelkey, Procurement Counselor

As a PTAC Counselor, one of the most common questions I am asked by clients is how to make themselves more marketable to government contractors. When selling your services or products to the government, it is important to remember that you are still marketing to a person. Contracting officers who are tasked with identifying small businesses to work with are often inundated with multiple bids from different businesses, so you want to make sure you present to them the information they need in a way that makes you stand out.

A capabilities statement is one of the most effective ways for contracting officers to understand what your business does and how capable your business is of fulfilling what they need. In order to create an effective capabilities statement, certain information must be included in an easy to read format that will allow the contracting officer to quickly ascertain your abilities. Your DUNS number and CAGE code should always be listed. Listing your CAGE code, communicates to the contracting officer that you are registered to do business with federal agencies in the System for Award Management (SAM). You should also list your NAICS codes as NAICS codes communicate what your businesses capabilities are and listing them tells the contracting officer that you are aware of the significance of these codes. There are NAICS codes for every service and product imaginable and often businesses fall under more than one code. Don’t be shy about adding all of the codes that apply to you. If you are a business that provides multiple different products or services, it will be beneficial to you to have more than one capabilities statement on hand to use for different contracts.

Beyond listing your codes, your capabilities statement should include a number of references from companies you have worked with in the past. Government agencies prefer to do business with companies that they can verify have a strong work history. Be sure to list the name of the company you did business with, a brief description of the kind of work you did for them, and a contact name that can be reached for a reference. Listing a contact person and way for them to be reached will make the reference process easier for the contracting officer. With multiple bids coming in, easier is always better!

Remember, when writing your capabilities statement, you are communicating who you are, what you do, and why you are the best business for that specific contract. This is your opportunity to show the contracting officer what you are capable of so take your time, think about the references you list carefully and when in doubt, contact your local PTAC Counselor for advice!

Government Lease Solicitations and Bids

Dana Delano, Procurement Counselor

Do you own property that would lend itself to government office or warehouse space? Believe it or not, the government is always looking for space to lease and it is typically long-term leases… 5, 10, 15- and 20-year leases.

Maine PTAC is more than happy to work with you to ‘market’ your space to federal agencies that just may be looking in your area. It can be what seems as a daunting process to pull all of the items together required for a lease agreement, but we are here to work you through the solicitation review, the paperwork, the many addendums and finally pulling it all together in the bidding process. The Federal Government agencies’ contracting officers and Procurement Technical Assistance Centers have mutual respect and they appreciate the work we do to assist their agency and the small businesses wanting to bid on their projects. Let us assist you when it comes to Leasing solicitations. It is what we do.

COVID-19 May Be Cause For An “Excusable Delay”

Bryan Wallace, Procurement Counselor

It’s just a matter of time before government contractors begin to experience performance delays on contracts due to COVID-19. Therefore, federal contractors should prepare now for pandemic related contract delays. Such delays can be compensable and/or excusable. This article focuses on the excusable portion.

The motivation behind a granted an “excusable” delay is that it will protect the contractor from the penalties of late performance. Whether or not a delay is deemed “excusable” depends on the language of the contract at the time it is issued. Contractors experiencing delays because of COVID-19-related events should be prepared, in a timely manner, to demonstrate that such delays were, caused by a recognized excuse.

There are several FAR provisions address excusable delays. These provisions include terms like “quarantine restrictions”, or “epidemics”. These terms may apply to COVID-19 and be justification for excusable delays. I won’t dive into the specifics of each clause here, but the following clauses will be of interest.

Excusable delays in fixed-price supply and service contracts are addressed in FAR 52.249-8.

Excusable delays in fixed-price construction contracts are addressed in FAR 52.249-10. This clause states the contractor will notify the contracting officer, in writing, within 10-days of any delay. This must be done!

Commercial contracts covered by FAR 52.212-4 contains terms like “epidemics” and “quarantine restrictions” as possible “excusable delays”.

If you are concerned that your contract will be impacted by COVID-19-related you need to be preparing now to demonstrate that these delays are excusable. For more information, reach out to your local PTAC Counselor.

Maine PTAC • 40 Harlow Street, Bangor, Maine 04401 • maineptac@emdc.org

Central

Miranda Pelkey

207.356.1643

North

Dana Delano

207.521.1713

Midcoast

Bryan Wallace

207.951.0644

Downeast

Katie Bragg

207.255.0983

Southwest

Ed Dahl

207.951.2498