HOW TO IDENTIFY AND CAPITALIZE ON OPPORTUNITIES

1. HOW TO IDENTIFY AND CAPITALIZE ON OPPORTUNITIES Presented by: Victor J. Ferlise, Esquire Ferlise and Associates, LLC 6 Industrial Way West Eatontown, N.J. 07724 732-380-7739

2. Establishment of the Firm • The original plan • How we became what we are today • Notable pitfalls/successes + Ferlise and Associates, LLC

3. Iraq War Revisited • LTG Wallace “first-hand” account of the battle • Commander of 5th Corps • Thunder Runs • CECOM’s role • 60K National Stock Numbered Items • Blue Force Tracking Ferlise and Associates, LLC

4. Changes in Women-Owned Small Business (WOSB) Rule • Effective 2/4/11; www.sba.gov/wosb • Created new tools and a new category: Economically Disadvantaged WOSB (EDWOSB) • To help meet the statutory goal that 5% of Federal contracting dollars go to WOSBs • Creates opportunity to set-aside procurements in one of 83 NAICS codes - if manufacturing, NTE $6.5M; if “other”, NTE $4.0M (no sole-source authority) Ferlise and Associates, LLC

5. Relevant NAICS where WOSBs are Substantially Underrepresented • 5112 – Software Publishers ($25M) • 5171 – Wired Telecommunications Carriers (1,500) • 5172 – Wireless Telecommunications Carriers (except Satellite) (1,500) • 5179 – Other Telecommunications ($25M) • 5182 – Data Processing, Hosting, and Related Services ($25M) • 5191 – Other Information Services ($7M) • 5417 – Scientific Research and Development Services (500) • 5619 – Other Support Services ($7M) • 6114 – Business Schools and Computer and Management Training ($7M) • 6115 – Technical and Trade Schools ($7M) • 8112 – Electronic and Precision Equipment Repair and Maintenance ($19M) Ferlise and Associates, LLC

6. Effects of BRAC • The move to APG • Consolidation of the CECOM and RDECOM Acquisition Centers • Fully Staffed • Training • R2-3G • Picatinny/Fort Dix • S3 (filling in the gaps) • What’s next? • Looking to the Future Ferlise and Associates, LLC

7. Trends in Government Contracting • The pendulum swings again • Ashton Carter 9/14/10 memo • Ashton Carter 11/3/10 memo • Shay Assad 11/24/10 memo • DoD Source Selection Procedures 3/4/11 Ferlise and Associates, LLC

8. Ashton Carter 9/14/10 Memo • 5 major areas containing 23 principal actions • Mandates affordability, productivity, economy • Incentivizes productivity and innovation • Promotes real competition • Improves acquisition for “services” • Reduces bureaucracy • Goals • Savings of $100B “redirected” over 5 yrs. • Affects approx. $400B of the $700B annual Defense budget Ferlise and Associates, LLC

9. Ashton Carter 11/3/10 memo • Implementation Directive for 9/14/10 memo • Outlines some specific actions and deadlines • Includes: • Negotiating with all “single-bid” offerors using “certified or non-certified cost or pricing data” • Re-advertising for additional 30 days any solicitations that were open for < 30 days where a single bid is received • Increasing Small Business Participation • Using FFP to maximum extent reasonable Ferlise and Associates, LLC

10. Shay Assad 11/24/10 memo • Additional guidance regarding “single-bid” offers • No longer use standard at FAR 15.403-1(c)(1)(ii) or (iii) to determine that offered price is based on adequate competition • Must re-advertise, if open for <30 days • Must negotiate using certified or other than certified cost/pricing data Ferlise and Associates, LLC

11. DoD Source Selection Procedures 3/4/11 • To standardize methodology used to conduct competitively negotiated source selections • Requires use of standardized rating criteria and descriptions for the “technical” and “past performance” factors • Requires SSAC be appointed on Source Selections over $100M. The SSAC must provide SSA a written comparative analysis of proposals and award recommendation Ferlise and Associates, LLC

12. Wrap up Ferlise and Associates, LLC

13. Contact Information Ferlise and Associates, LLC 6 Industrial Way West Eatontown, N.J. 07724 P:732-380-7739 F:732-864-0810 http://www.ferliseassociates.com/ Ferlise and Associates, LLC