The Importance of Inherently Governmental Policies

I had the opportunity a couple months back to speak with Jefferson and USAID Africa Bureau staff on the policies prohibiting federal contractors from performing inherently governmental functions. It’s a topic that I spent some time wrestling with as Administrator of the Office of Federal Procurement Policy (OFPP) in the Bush and Clinton Administrations, but one that doesn’t seem to get much attention these days. It probably should get more. It’s at the nexus of the relationship between federal employees and private contractors and is central to the question of who is driving policy, the government or industry.  

Companies like Jefferson Consulting Group that provide institutional/mission support assistance to federal agencies need to understand the reasons for the policy and how best to work as partners in carrying it out. Agency officials receiving this type of help, however, also need to understand the rules and the reasons behind them. Key questions for both parties are “what are inherently governmental functions and what’s the concern” as well as “how can government and industry work together effectively to meet mission needs within the construct of these prohibitions.”   

OFPP Policy Letter 92-1 that I signed in September 1992 directly addressed the reasons for the policy, stating “Government actions should reflect the independent conclusions of agency officials and not those of contractors who may have interests that are not in concert with the public interest and who may be beyond the reach of management controls otherwise applicable to public employees.”  

Congressional concerns were about such issues as contractors preparing Congressional testimony for agencies or for contractors drafting responses to Congressional correspondence, worrying that the contractors, not federal employees, would be driving the policy. In response to these concerns and complaints, Policy Letter 92-1 prohibited those activities and other actions creating similar concerns. These included, among other things, prohibiting contractors from determining federal priorities for budget requests, from awarding contracts or from taking other actions that would be seen as inappropriately binding the government. These specific prohibitions continue to apply today and can be found in Part 7.5 of the Federal Acquisition Regulation (FAR). This Part also includes a list of activities such as supporting acquisition planning that, while not inherently governmental, require careful review and management oversight by agency staff. 

While Policy letter 92-1 provides lots of prohibitions, it also makes it clear that inherently governmental functions don’t normally include contractors providing advice, opinions, recommendations or ideas to Government officials or include functions that are primarily ministerial in nature. And while various activities are clearly identified in FAR Part 7.5, there is no bright line test that you can automatically use to determine what activities should or should not be proscribed. As a result, if an activity is not listed, agency staff, understanding the reasons for creating the prohibitions, would have to make their own decision on what role a contractor should or should not play. What’s most important here is that both parties understand what the rules are and can agree on and explain how their activities fall within them. 

A subsequent document in 2011, OFPP Policy Letter 11-01, expanded on this coverage and added “Critical Functions” to the mix, stating that functions “necessary to the agency being able to effectively perform and maintain control of its mission and operations” should be performed or managed by federal employees. This addition responded to criticism that agencies in some cases lacked the internal capability to review and effectively respond to advice they were receiving from contractors.  In this case, since “Critical” is based on the key mission of the agency, functions considered “Critical” could differ among agencies. For example, it could well be important that a meteorologist in the National Weather Service at NOAA be a federal employee while in other agencies a contractor could easily play that role.  

In addition to expanding on the earlier restrictions, the new policy document directed agencies to review service contracts on a regular basis to ensure that the agency was managing these issues closely and was not employing contractors to perform inherently governmental work. An important point here is that while these policies were put in place some time back, they have not been forgotten. For example, in January 2024 the Government Accountability Office (GAO) issued GAO Report-24-106312 titled “VA Acquisition Management: Oversight of Service Contracts Needing Heightened Management Attention Could Be Improved.” In this report, GAO criticized the VA for failing to adequately oversee and manage its service contracts along the lines required by the 2011 Policy Letter.  

For reasons then of effectively carrying out the policy and for ensuring that outside reviewers acknowledge that compliance, contractor and government staff should fully understand the policy, the reasons behind it and their respective roles in carrying it out. The best path here is for them to partner in meeting agency mission needs while being able to describe how each of their actions fits well within the inherently governmental construct. 

If you have further interest in this topic, Jefferson has a half-hour training program on inherently governmental functions and how best to address the policy.  

About the Author 

Dr. Allan Burman is President of Jefferson Solutions, the government consulting arm of Jefferson Consulting Group. His distinguished government career included serving as the Administrator for Federal Procurement Policy in the Office of Management and Budget. He holds a Ph.D. from George Washington University, a Master’s degree from Harvard, and a Bachelor’s degree from Wesleyan University. To contact the author or learn more about Jefferson’s solutions, please email contact@jeffersonconsulting.com.  

How to Lose Friends and Alienate Agencies: Top Federal Marketing Fails

How to Lose Friends and Alienate Agencies: Top Federal Marketing Fails

Marketing to the federal government presents unique challenges and requires a strategic approach different from the commercial sector. Here are some pitfalls to be aware of and avoid in federal marketing:

  • Not making the most of meetings – Government representatives say time and time again – “Don’t ask me what keeps me up at night.” They want and expect you to come into the meeting prepared, which means you have to do your homework.  To make the most of meetings, you need to know their gaps and pain points and customize your messaging to ensure it’s clear how your product or solution can address their needs and help them meet mission.
  • Avoid a cookie cutter approach – Commercial and federal are different, and one federal agency is different from another agency.  Engaging the federal market without thorough research on your target agencies, their missions, and procurement processes can lead to misguided strategies. Invest time in understanding your market and customizing your approach.
  • Inadequate networking and relationship building – Federal contracting and business development rely heavily on relationships. Take advantage of networking opportunities to build relationships and learn about agency challenges. Opportunities include industry days, conferences, trade association meetings, and meetings with agency representatives.
  • Not following up –Failing to follow up after meeting with agency officials or potential partners can close doors that might have been open. Maintain communication with agency and industry contacts and follow up on submissions.
  • Overlooking the importance of past performance –Past performance is often a critical factor in federal contracting decisions. Not providing thorough and positive past performance references can hurt your chances. Focus on building and showcasing a strong track record.
  • Underestimating the time and effort required – Federal contracting can be a lengthy and complex process. Underestimating the time and resources needed for the long sales cycle (capture, proposal preparation, compliance, and follow-up) can lead to frustration and subpar performance.
  • Lack of a Long-Term Strategy – Treating federal marketing as a short-term effort rather than a long-term strategic initiative can limit your success. Develop a comprehensive and sustained strategy with clear objectives tied to revenue goals.
  • Ignoring Feedback – Failing to request a debrief and/ordisregarding feedback from contracting officers or debriefings after losing a bid can prevent you from improving your future proposals and messaging. Always seek and learn from feedback.
  • Failing to differentiate your offerings – Federal buyers look for solutions that stand out. Not clearly articulating your unique value proposition or differentiators can result in your offer being overlooked.
  • Failing to Stay Informed About Policy Changes – Government policies and procurement processes can change. Not staying up to date on these changes can result in non-compliance or missed opportunities.
  • Overestimating Past Relationships – Assuming that past relationships or contracts will guarantee future success without continuing to build and nurture new and existing relationships can be a critical mistake.

Avoiding these mistakes can enhance your chances of success in federal marketing and contracting. By understanding the unique aspects of the federal market and strategically addressing them, businesses can better position themselves to win and execute federal contracts.  Jefferson has a track record for helping companies create, build, and sustain business with the federal government. Jefferson professionals have particularly strong insight into and experience with the broader govcon community.  Contact us to learn how we can help!

About the author:  

MJ Sivulich is a Senior Vice President and leads Jefferson’s business consulting practice.  MJ provides federal business development, capture, proposal, government affairs, and market research support to industry clients.  To contact the author or learn more about Jefferson’s federal business development services, please email contact@jeffersonconsulting.com.  

Unlocking Capitol Hill: Federal Business Development and Congress

Federal Business Development professionals are expert at navigating the “GovCon” environment.  They know the importance of building relationships, understanding the customer, and being strategic.  However, Capitol Hill is an often overlooked piece of the puzzle for growth strategy.  Many BD’ers monitor congressional hearings focused on government programs of interest but are uncertain how, when, or if to get involved.  Not being involved, means Congress is not hearing your interests as they provide oversight and direction to federal agencies and the programs you support.  Here are key steps to consider when forming a congressional strategy:

Understand the Legislative and Regulatory Environment

  • Monitor Legislation: Stay informed about pending legislation and regulations that could impact your industry. Use resources like Congress.gov, Federal Register, and government affairs publications.
  • Identify Key Committees and Members: Determine which congressional committees and members are influential in your sector and/or represent the state or district where your employees and offices are located. These can include committees on appropriations, commerce, defense, energy, etc.
  • Monitor GAO Reports and IG Reports: Agencies regularly determine their budgets and acquisitions far in advance.  One big exception can be contractor support needed quickly by agencies to respond to Government Accountability Office (GAO) or Inspector General (IG) findings and criticisms.  Congress holds hearings on topics covered by the GAO and IG and agencies often require contractor help to address any deficiencies.

Build Relationships

  • Engage with Congressional Staff: Congressional staff members are gatekeepers. Develop relationships with staffers who handle issues relevant to your business.  A key part of a congressional staffer’s job is helping constituents, including constituent companies.
  • Participate in Industry Associations: Join trade associations and business groups that advocate for your industry. These organizations often have established relationships on the Hill and can amplify your voice.
  • Attend Hearings and Events: Participate in congressional hearings, town halls, round tables, and policy events to meet policymakers and stay updated on key issues.

Develop a Strategic Plan

  • Set Clear Objectives: Define what you want to achieve on the Hill, such as influencing legislation, securing funding, or shaping regulations.
  • Craft a Compelling Message: Develop clear, concise messaging that explains your position and how it benefits the public and aligns with policymakers’ goals. 
  • Prepare a Lobbying Strategy: Decide whether to hire a lobbying firm or advocate directly. Professional lobbyists can offer expertise and established networks.

Advocacy and Lobbying

  • Meet with Legislators: Schedule meetings with members of Congress and their staff. Be prepared with data, case studies, examples to support your position, and how any decision will impact their constituents.  Define your “ask” so that Members of Congress and staff understand how they can help.
  • Submit Testimony and Comments: Provide written or oral testimony during congressional hearings. Submit comments during the regulatory rule-making process.
  • Coalition Building: Partner with other businesses, non-profits, and community groups to strengthen your advocacy efforts.

Compliance and Reporting

  • Understand Lobbying Disclosure Requirements: Determine if any of your interactions require disclosure.  Ensure compliance with the Lobbying Disclosure Act (LDA) and other relevant laws. Regularly report your lobbying activities as required.
  • Ethics and Transparency: Maintain high ethical standards in all interactions. Transparency builds trust and credibility with policymakers.

Continuous Engagement and Adaptation

  • Stay Engaged: Advocacy is an ongoing process. Maintain regular contact with policymakers and their staff.
  • Adapt to Changes: Be flexible and ready to adjust your strategies in response to political and regulatory changes.
  • Measure and Report Success: Track your progress and outcomes. Report back to stakeholders on your achievements and any changes in strategy.

While each step will not be relevant to each government contractor, it’s important to be mindful of the role Congress plays in the GovCon ecosystem.  Congress cannot hear your voice if you don’t have a seat at the table.  Leveraging Capitol Hill for federal business development requires a combination of knowledge, relationship-building, strategic planning, and effective advocacy.  Jefferson can help!  View our capabilities

About the author:  

MJ Sivulich is a Senior Vice President and leads Jefferson’s business consulting practice.  MJ provides federal business development, capture, proposal, government affairs, and marketing support to industry clients.  To contact the author or learn more about Jefferson’s federal business development services, please email contact@jeffersonconsulting.com.  

Performance Reviews – How Jefferson Consulting Group Ensures They are Effective for Employees and Managers

Performance reviews are a cornerstone of employee development and organizational growth.  They serve multiple purposes, benefiting employees, managers, and the company as a whole when done correctly.  They provide a structured framework for feedback, development, and strategic alignment. At Jefferson Consulting Group (Jefferson) we exemplify these principles, ensuring that performance reviews are a vital part of our organizational culture. 

There are numerous stories regarding the effectiveness of performance reviews and when they should occur, if at all.  But if done correctly and incorporated with ongoing feedback, performance reviews help employees grow professionally, allow the manager to understand the employee’s professional desires and with the support of the company, help the employee to achieve them. Our managers integrate ongoing feedback into the performance review process, ensuring continuous development and alignment with company goals. 

So, what can employees and managers do to ensure the process is working and the review is effective?  At Jefferson, both employees and managers are open to feedback. While the review is about the employee, our managers understand the importance of the employee feedback they receive about them and the company.  These managers use this feedback for self-improvement and the improvement of the company, making the environment better for the employees. 

For Employees. 

Writing an effective and informative self-assessment is a critical part of the performance review process at Jefferson. It provides valuable insights for the manager and helps ensure that the review is comprehensive and balanced. Here are five principles Jefferson encourages employees to utilize when developing their self-assessment to ensure it is effective and informative: 

  • Reflect on Achievements and Contributions. Highlight key accomplishments and list significant achievements and contributions made during the review period. Be specific about what was achieved, how it was done, and the impact it had on the team or company. Whenever possible, use data and metrics to quantify achievements. 
  • Be Honest and Objective. Provide an honest evaluation of your performance, highlighting both strengths and areas for improvement. This shows self-awareness and a commitment to personal growth. For some, it is difficult to write about yourself, so one way to do this is to think about what others would say about your performance and write in the third person.  Avoid exaggeration, being truthful and realistic in your assessment.  Overstating achievements can lead to credibility issues, while being too modest may result in undervaluing your contributions. 
  • Provide Specific Examples. Use concrete instances to support your claims with specific examples that illustrate your points. Instead of saying, “I improved team communication,” provide a detailed example such as, “I initiated a weekly team meeting that increased transparency and collaboration.”  Also, consider including comments made by others about your example and how it had influence. Showcase problem-solving by highlighting instances where you effectively solved problems or overcame challenges, demonstrating your critical thinking and resilience. Remember to use concrete examples. 
  • Align with Goals and Objectives.  Review your past goals, reflecting on them during the previous review period, and discuss how well you met them. Provide examples of how you worked towards these objectives. Connect your goals and achievements to Company objectives, aligning your achievements with the broader goals of the company, your business unit, contract, and/or team. This shows that you understand and contribute to the bigger picture. 
  • Discuss Development and Future Goals. Identify learning experiences by mentioning any training, courses, certifications achieved, or learning experiences you have undertaken and how they have contributed to your performance.  Learning experiences aren’t always in the classroom, so be sure to include any experience, even if “on the job.”  Propose new goals and objectives for the upcoming review period by using the SMART method. 
    • Specific – Be clear on what it is you want to achieve, including specific steps to get there. 
    • Measurable – Define how the goal will be measured to track progress. 
    • Achievable – Be realistic and determine if the goal is possible. Don’t make it too lofty. 
    • Relevant – Align the goal to your professional development and organizational goals. 
    • Time-bound – Define the deadline and interim steps needed to achieve the goal. 
  • Identify any resources, support, training, or other items needed to achieve your goals. This will show initiative and a proactive approach to professional development.   

For Managers

Writing an effective performance management review is crucial for fostering employee growth, improving productivity, and ensuring alignment with organizational goals. Jefferson emphasizes the importance of these elements and encourages managers to utilize these five principles to write a comprehensive and constructive performance review: 

  • Provide Specific and Measurable Goals and Achievements. Assess how well the employee met their goals, providing concrete examples and data.  Review future goals set by the employee in their self-assessment, ensuring they are SMART (Specific, Measurable, Achievable, Relevant, Time-bound) and align with goals for the company, team, business unit, and/or contact. Be sure to highlight employee achievements, detailing the employee’s accomplishments, quantifying them where possible, and highlighting how they had a positive impact. 
  • Deliver Constructive Feedback with Examples. Balance positive and negative feedback by starting with the positive observations and then addressing areas of improvement. Use specific examples to illustrate points rather than vague statements. Thoughtful employees will press you for examples, so be ready. Make sure to focus on behavior, and not personality by addressing behaviors and results, avoiding personal attributes or assumptions.  Employees will better understand the outcome or impact of a behavior, whereas commenting on personality will be viewed as an attack on their character. 
  • Read and Understand Employee Self-Assessment. Incorporate employee insights and reference their self-assessments to acknowledge their perspectives and insights.  Highlight where there is agreement and discrepancy between your review and the self-assessment to encourage open dialogue and mutual understanding. Be sure to comment on the employee’s strengths and areas of development. 
  • Highlight Development and Training Needs.  Identify any skills or knowledge areas where the employee could improve. Recommend specific training programs, workshops, certifications, or courses that could benefit the employee and support their professional development. Outline a clear plan for professional growth, including milestones, and be sure to discuss resources available to the employee (e.g., covering the expense of the training, making time available to attend, and providing opportunities to apply new skills).    Don’t be afraid to create a plan that goes beyond the next review period. 
  • Future Goals and Action Plans.  Set new objectives by establishing new, clear goals for the upcoming review period that align with the employee’s role and career aspirations.  Provide detailed action steps on how the employee can achieve these goals, including any support or resources the company will provide. Encourage ongoing communication by emphasizing the importance of regular check-ins and feedback sessions throughout the year to monitor progress and adjust as needed.  Performance management doesn’t occur just once per year. 

Performance reviews are a cornerstone of employee development and organizational growth, offering a structured framework for feedback, development, and strategic alignment. When done correctly and supplemented with ongoing feedback, performance reviews benefit employees, managers, and the company by fostering professional growth, clarifying professional aspirations, and aligning individual goals with organizational objectives. At Jefferson, these principles are at the heart of our performance review process. 

For employees, an effective self-assessment is crucial. Reflecting on achievements, being honest and objective, providing specific examples, aligning with goals, and discussing development and future goals ensure that the self-assessment is both informative and valuable to managers. This process not only highlights accomplishments but also demonstrates self-awareness and a proactive approach to professional growth. 

For managers, writing a comprehensive and constructive performance review involves providing specific and measurable goals and achievements, delivering balanced feedback with concrete examples, understanding and incorporating employee self-assessments, highlighting development and training needs, and setting clear future goals with action plans. This approach ensures that the review is fair, motivating, and aligned with both employee development and organizational goals. 

Ultimately, effective performance reviews and self-assessments create a culture of continuous improvement, open communication, and mutual understanding, driving both individual and organizational success. By committing to these practices, employees and managers at Jefferson ensure that performance reviews are not just an annual task but a meaningful part of professional development and organizational strategy. 

About the Author:  

Marty Mackes, the Chief Delivery Officer at Jefferson, stands as a testament to over three decades of distinguished service in delivering solutions to Federal Government clients. His expertise spans across Homeland Security, Defense, Intel, and Civilian agencies. Marty’s leadership has been instrumental in steering an exceptionally talented team, fostering a culture of extraordinary delivery while aligning with business growth and corporate strategies. He oversees Jefferson’s Mission Support Team, including Enterprise Program Management, Talent Acquisition, Contracts, and IT. 

His academic background includes a B.S. in Electrical Engineering from Old Dominion University. Marty’s commitment to industry excellence is reflected in his chairmanship of the Homeland Defense Business Council (HSDBC). 

From Red Tape to Pay Day: Entering and Succeeding in the Federal Market

You’re interested in selling to the federal government?  Perhaps you’ve won a contract or two or have been told that the government buys what you sell?  Why not give it a shot?  The good news is that the U.S. federal government is a fantastic customer – it has a huge budget and pays its bills.  However, it is important to understand that sustained success in the federal space requires understanding the ins and outs of this complex market and dedicating the needed resources to commit to the market.  Jefferson can help you understand the how, when, and who of federal contracting.

Getting Started

You can’t be successful selling to a market you don’t understand.  Assessing the market, analyzing your competitors, and understanding the federal-specific security and compliance requirements are necessary to effectively pursue the market.  You will need to identify which federal agencies are most likely to need your products or services.  Researching who your competitors are, what contracts they’ve won, and their strategies will allow you to better understand the market landscape.  If you find a sufficient addressable market, it’s time to get started!

How? – Strategies for Success

Commit to the market!  Success in federal market requires top-down buy-in of the government as a customer.  Budget should be dedicated for business development, federal marketing, and proposals with an understanding that the federal sales cycle is often much longer than the commercial sales cycle.  Specific elements of creating success in the federal market include:

  • Strategy – Based on your market research, develop a business development/ marketing strategy that is consistent with your internal bandwidth.  Do not attempt to respond to everything.  Take the time to understand your target customer.  The government is looking for a partner that knows their pain points and culture.
  • Marketing – Your marketing strategy should be part of an overall business development strategy. Every marketing activity should be tied to advancing a business objective. 
  • Processes – Federal contracting is a complex web of policies, regulations, and requirements.  Familiarize yourself with the FAR (Federal Acquisition Regulations), which governs all federal procurement processes, and understand all the compliance requirements specific to your industry and any regulations pertinent to your products or services.
  • Flexibility – Be flexible and strategic when addressing federal acquisition barriers.  Team with small businesses for set-aside contracts or integrators for large programs.  Demonstrate success incrementally, prove yourself as a problem solver and solutions provider, and become a trusted partner to shape how the Agency procures the service or product.

When? – Understanding the Lifecycle 

The federal sales cycle is typically longer than the commercial cycle and has strict timelines around when industry can and cannot engage with the government.

Pre-Request for Proposal (RFP) Market Research: The government conducts market research to understand if products/services are available to meet its need.  This is the appropriate time to meet, brand, and position with the government.

RFP Development: The government is defining its scope of work.  While discussions with the government are allowed by law, communication with the Program Office may be limited or not permitted.

Active Competition: Once the government releases the RFP, no communication is permitted with the Program Office until contract award.

Contract Award and Implementation: Open communication is permitted.

Who? – Decision-makers, Stakeholders, Influencers

In federal contracting, the decision-makers, stakeholders, and influencers span a wide range of roles within government agencies, the private sector, and other relevant entities.  

Decision-Makers

  • Contracting Officers (COs): They are authorized to enter into, administer, and terminate contracts on behalf of the federal government. They ensure that all contract actions comply with federal laws, regulations, and policies.
  • Contracting Officer’s Representatives (CORs): Designated by (COs) to perform certain contract administration duties. As the CO’s representative, they ensure proper implementation of requirements, monitor the technical efforts being performed under the contract, and are responsible for the day-to-day administration of a contract.
  • Program Managers (PMs): Responsible for the overall planning, execution, and performance of specific programs. They define the requirements and work closely with contracting officers to procure necessary goods and services.
  • Senior Executives and Agency Heads: High-ranking officials within federal agencies who provide strategic direction and approve major procurement decisions.

Stakeholders

  • End Users: Individuals or groups within federal agencies who will directly use the procured goods or services. Their needs and feedback are critical in defining requirements and evaluating contractor performance.
  • Agency Procurement Offices: Responsible for managing the acquisition process within their respective agencies. They ensure compliance with federal acquisition regulations and policies.
  • Financial Officers: Ensure that funds are available and properly allocated for procurements. They play a role in budget planning and approval.
  • Legal Advisors: Provide legal guidance to ensure contracts are compliant with laws and regulations. They assist in resolving disputes and interpreting contract provisions.
  • Office of Small and Disadvantaged Business Utilization (OSDBU): Advocates for small businesses and ensures they have opportunities to participate in federal contracting.

Influencers

  • Industry Associations and Advocacy Groups: Organizations like the National Defense Industrial Association (NDIA) and Professional Services Council (PSC) represent the interests of contractors and influence procurement policies and practices.
  • Lobbyists: Representing various industries and companies, lobbyists work to influence legislation and policy decisions affecting federal contracting.
  • Congress: Through legislation and oversight, Congress influences federal contracting by setting budgets, passing procurement laws, and conducting hearings on contracting practices.
  • Office of Management and Budget (OMB): Provides oversight and guidance on federal procurement policies, ensuring they align with broader administration goals.
  • General Services Administration (GSA): Influences contracting by providing centralized procurement for federal agencies and setting policies and standards.
  • Auditing and Oversight Bodies: Entities such as the Government Accountability Office (GAO) and agency Inspectors General (IG) review and report on federal contracting activities, influencing practices through their findings and recommendations.
  • Media and Public Opinion: Coverage of federal contracting practices and controversies can shape public perception and influence policymakers.

Foundational market research and an understanding the how, who, and when of the federal market are key to getting started in the federal market.  Jefferson can help develop and execute your strategy!  View our capabilities.

About the author:  

MJ Sivulich is a Senior Vice President and leads Jefferson’s business consulting practice.  MJ provides federal business development, capture, proposal, government affairs, and marketing support to industry clients.  To contact the author or learn more about Jefferson’s federal business development services, please email contact@jeffersonconsulting.com.  

Three Keys to Making Hybrid Work 

Hybrid work strategies are more than just scheduling in-person work; they are about creating sustainable relationships with colleagues and meaningful exchanges between distributed workers to advance the organizational mission and improve the employee experience. 

Since the COVID-19 pandemic, organizations have been wrestling with a ‘new reality’ that is increasingly defined by remote work. But this new reality is not necessarily new, only the scale at which workers are opting to work remotely. As of 2023, nearly 40 percent of employees work from home at least part of the time, if not working fully remote1

This means managing and contributing to work and teams requires an increased dependence on and proficiency with digital communication and collaboration tools. It also means that traditional in-office approaches to work need to be redefined in the distributed context. The outcome is that individual schedules are defined by the work being performed, not personal preference.  

Three keys to success in a hybrid environment: 

  • Let the Work Drive the Schedule. The nature of the work being performed and the necessary interactions between employees to complete that work must be considered first, before determining work schedules. Work must be assessed independent of traditional work configurations to expose the optimal opportunity to work remotely, or meaningfully connect in person.  
  • Optimize Informal Communication. Investing in advanced digital communication solutions (i.e., instant messaging, audio and video calling, mobile access) will provide employees a variety of ways of connecting with their colleagues in real-time, share work, and rapidly resolve issues or remove impediments to productivity.   
  • Manage Meetings Better. Enhancing employee’s proficiency in running efficient meetings is more than facilitation, it is creating agendas that can be realistically accomplished in a short duration while determining the best method (in-person, remote, hybrid) to meet the requirements of the meeting. Effective meeting managers are also proficient in participant selection, driving the discussion and controlling side conversations, and identifying and communicating clear, actionable tasks for participants.  

Establishing sound hybrid practices must be a deliberate action taken, supported from the top down, and designed to be sustainable, but not rigid. Organizations will need to consider their hybrid values, adopt standards of communication, establish a routine cadence for both collaboration and individual contributions, and purposefully evaluate the outputs and outcomes of hybrid strategies. This approach will ensure they are able not only to both meet the needs of the organization and adapt to future operating conditions, but also to create a meaningful employee experience.  

Jefferson Consulting Group has developed an approach to creating meaningful hybrid workforce strategies that ensure compliance with governmentwide requirements, while also preparing agency workforces to operate in a hybrid environment. Very often agencies need to focus on manager readiness to effectively lead with maximum workplace flexibilities. This may include establishing meeting management protocols, programming individual work time into daily schedules, and improving facilitation and event planning skills to promote sound time management practices. 

About the Author:  
Jd Walter, PhD, is the Executive Director of Human Capital Programs for Jefferson Consulting Group. Jd has a PhD in Public Administration, an MPA and an MS in Organization and Management with a specialization in Human Resource Management. Jd has nearly 30 years of experience in and around the federal sector, including active-duty military, defense contracting, civil service and management consulting, with an emphasis on working with executives to improve organizational performance and the employee experience. To contact the author or learn more about Jefferson’s solutions, please email jwalter@jeffersonconsulting.com 

The Importance of Federal Market Research

The federal contracting process is complex and not for the faint of heart.  Determining how to establish or expand a footprint in federal can be a tough investment decision for industry executive teams.  While many contractors have some government business through “being reactive,” responding to RFPs/RFQs that pop up in SAM or eBuy, they lack a comprehensive strategy to support sustained intentional growth.  The first step of building out a strong federal BD strategy is market research, because you can’t be successful selling into a market that you don’t understand.

Market research should answer questions such as:

  • What is the size of the addressable market?
  • What are the potential market catalysts and inhibitors (e.g. legislative mandates, OMB policy, IG/GAO investigations, etc)?
  • How is the agency buying the product/service today (e.g. contract vehicles)?
  • What are the agency’s pain points and how does the solution address them?
  • Who is the competition, how much federal revenue does each competitor have, and who are their agency customers?

Ultimately, you need enough information to identify your target market, define the fit of your products and services, outline your pricing strategy, describe how your products will be distributed or how a customer will access your services, develop a promotion strategy, review your competition, and prepare a marketing budget.  Market research will provide you with the foundational information needed to create a business development strategy.  Elements of research include:

  • Understand the rules — The federal government operates under a complex web of regulations and compliance standards. Contractors must understand these regulations to ensure they meet the necessary criteria for bidding on contracts and conducting business with the government. Familiarity with regulations such as the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) is essential.
  • Determine how the agency buys — Government contracts are typically awarded through a competitive bidding process. The primary contracting methods used by the government are simplified acquisition procedures, contract by negotiation, and consolidated purchasing programs (GSA schedules, Government Wide Acquisition Contracts, and other multiple award vehicles). Knowing how contracts are solicited, evaluated, and awarded is necessary to successfully secure contracts.
  • Understand the sales cycle – Branding and positioning for work happens in the pre-RFP development phase and market research phase.  This can begin a year or more before an RFP is released. Once an RFP is issued it can take several months or a year (or more for very large procurements) before an award is made. Familiarity with the sales cycle will allow you to better resource your federal growth function and manage expectations.
  • Understand post-award cycle — Most government services contracts include an initial period of performance of 12 months (base year), with four 12-month option periods, for a total of five years.  The government has the authority to exercise these option periods based upon its satisfaction with the contractor’s performance, the availability of funds, and agency on-going requirements/needs.
  • Identify market dynamics — The federal market has its own unique dynamics and trends. Understanding the current landscape, including which agencies have budget allocations for specific projects, emerging priorities, and upcoming opportunities, is vital for positioning oneself as a competitive contractor.
  • Understand contract types and requirements — Federal contracts can vary widely in terms of scope, duration, and requirements. Contractors must understand the different types of contracts (e.g., fixed-price, cost-reimbursement, time and materials) and the specific requirements associated with each. The government may also require federal-specific certifications such as FedRAMP, ATO, or CMMI.  Knowing the needs and requirements of government agencies is necessary to tailor proposals and develop solutions to meet those needs and requirements.
  • Identify competition — The federal market is highly competitive, with numerous contractors vying for contracts. Identifying the key players, their capabilities, and their strategies can help contractors identify opportunities for collaboration or differentiation.
  • Know the players –Building relationships with government agencies, procurement officers, and other contractors is necessary for long term success in the federal market. Cultivating strong relationships can help contractors identify opportunities and teaming partners, navigate challenges, and ultimately win contracts.

A thorough understanding of the federal market is important for anyone seeking to become a government contractor. It involves knowledge of regulations, the bidding process, market dynamics, contract types, competition, and relationship building. By understanding the target market, contractors can position themselves for success in the complex and competitive world of government contracting. 

Jefferson provides Market Assessments for clients looking to enter or expand in the federal market.  View our Market Research capabilities.

About the author:  

MJ Sivulich is a Senior Vice President and leads Jefferson’s business consulting practice.  MJ provides federal business development, capture, proposal, government affairs, and marketing support to industry clients.  To contact the author or learn more about Jefferson’s federal business development services, please email contact@jeffersonconsulting.com.  

Agile Project Management and Human-Centered Design (HCD) 

Agile + Empathy: The Formula to Government Innovation 

Government projects must strike a balance of efficiency and impact to deliver meaningful services and solutions that meet public needs. At Jefferson, we recognize that a successful strategy for achieving this balance is to combine agile project management — an iterative approach emphasizing continuous releases and incorporation of customer feedback — with Human-Centered Design (HCD) principles — a creative approach to developing a service or solution that centers on the end user’s perspective and needs. This strategy not only streamlines and speeds up the delivery of services and solutions, but it also ensures that these services and solutions are designed with a focus on the end user, making sure their needs are met in every step along the way. Agencies that leverage agile project management and HCD can expect to improve adaptability and responsiveness to changing demands and realize outcomes directly aligned to the needs, and expectations of the citizens and individuals that they serve.  

Blending Agile and HCD 

In the digital age, government agencies must move quickly to adapt and respond to rapidly evolving changes while still delivering impactful services, which is where agile project management comes into play. Agile breaks large projects into smaller, manageable tasks, in which teams can focus on iteratively delivering specific features or services, allowing for regular feedback and adjustments during short sprints. This is particularly valuable in the context of reducing the risk of project delays and budget overruns in government projects.  

By adding HCD into the mix, agencies can understand their actual users’ needs to not only move projects forward faster but also ensure those projects really make a difference to the public. Just as its name suggests, HCD is a project approach that puts the people who will be using a service or solution at the center of its design to develop something tailored to their needs. When combined with agile project management, HCD is the driving force behind each iteration to align the service or solution with the user’s experience and feedback. As a result, the project team is continuously validating and refining their approach based on real user insights instead of proceeding based on the team’s assumptions. 

How to Embrace Agile-HCD Approach 

To integrate HCD into agile processes, it is key to involve the end-users early and often to create solutions that are useful, useable, and desirable. For instance, the team could conduct user research before the first sprint or incorporate user feedback directly into the sprints. HCD tools such as personas, empathy maps, and user journey maps help keep the user’s perspective at the center of every decision and iteration. Embracing this combined strategy also requires a culture shift towards continuous improvement and user engagement, which can be fostered with the support of expert partners. 

At first pass, it may seem as though these concepts fit well with major development efforts. However, at Jefferson, we have seen the significant impact of applying HCD in its agile projects through our support of “low code” solution development and business process automations for federal agencies.  We “begin with the end in mind”, as Stephen Covey would say, first forming integrated project teams and listening to our clients and their customers regarding their pain points or administratively burdensome tasks. We pair this with conducting research, shadowing the “as-is” process, and brainstorming ideas for solving these challenges as ultimately, these clients and customers will be the ones working the solution. We meet frequently to observe and ideate on the current processes and possible “to-be” solutions, to see things through their point of view, and we embrace the opportunity to learn together what works and what does not work. As a team, we then determine the solution, work together on how the solution will be developed, tested, deployed, and communicated, while identifying and documenting additional ideas and possible enhancements throughout. By utilizing this combined approach of agile management and HCD, we can quickly produce results that our clients and their customers benefit from and feel positive about and proud to support. 

Jefferson is committed to continue this work, to collaborate with government agencies to not only improve their operational efficiency but also to gain a better understanding of the citizens and individuals they impact.  

About the Author:

Michelle Straughn is a Senior Vice President and leads Jefferson’s Infrastructure and Natural Resources Portfolio.  Michelle has a Master’s of Public Management (MPM) in Finance and a Bachelor of Art degree in Government and Politics, both from the University of Maryland, College Park.  Michelle has over 25 years of management consulting, operations, and Information Technology experience supporting federal, state, and non-profit clients.  To contact the author or learn more about Jefferson’s solutions, please email contact@jeffersonconsulting.com

Distinguishing Federal Business Development From Capture 

In the realm of federal contracting, the terms “business development” and “capture” are frequently used interchangeably, leading to confusion and misinterpretation. These two functions play distinct yet complementary roles in the pursuit of government contracts. Understanding the nuances between business development and capture is helpful for organizations aiming to navigate the complex landscape of federal procurement successfully. 

Business Development: Pioneering Growth Opportunities 

At its core, business development encompasses the strategic process of identifying and cultivating relationships with potential customers, partners, and stakeholders. In the federal context, business development focuses on exploring and creating opportunities within the government sector to expand an organization’s brand awareness, market presence, and revenue streams. 

Business development professionals engage in market research, analysis, and relationship-building activities to uncover pain points, emerging needs, trends, and opportunities within government agencies. They leverage networking events, industry conferences, and outreach initiatives to establish connections and position their organization as a trusted partner capable of delivering value-added solutions. 

The objective of business development is to lay the groundwork for future success by participating in the larger GovCon community, identifying potential leads, understanding customer requirements, and shaping acquisition strategies. It involves a proactive, long-term approach aimed at fostering strategic partnerships and positioning for competitive advantage in the federal marketplace. 

Capture for Contract Wins 

Capture management, on the other hand, is a focused and tactical approach aimed at pursuing specific government contracts identified through the business development process. While business development sets the stage, capture management is the orchestration of activities to win a particular contract. 

Capture professionals work closely with internal resources, such as the BD team, technical experts, proposal writers, finance and pricing, legal, and executive leadership, to develop comprehensive capture plans specific to each opportunity. A capture plan outlines the organization’s strategy for positioning, differentiation, pricing, and proposal development, with an eye on maximizing win probability. 

Key components of capture management include competitive analysis, customer engagement, solution development, teaming strategies, and proposal preparation. It requires a deep understanding of customer requirements, acquisition regulations, and competitive landscapes to craft compelling value propositions that resonate with government decision-makers. Unlike business development, capture management has a singular goal of securing a contract win.  

Why It Matters 

Understanding the difference between federal business development and capture is important for managing the growth function within a company and effectively pursuing and winning government contracts. Here’s why: 

  • Ensuring Focus: Organizations that do not have a strong capture process often fall victim to attempting to “boil the ocean,” which results in expending excessive resources, time, and effort pursuing opportunities that may not align with the organization’s capabilities or strategic objectives. To avoid stretching business development to thin, it’s necessary to focus efforts.  A common way to drive focus is implementing a structured capture process.  
  • Resource Allocation: Whereas business development is broad and involves activities such as opportunity identification and federal marketing, capture is opportunity specific and the activities are more resource-intensive, involving detailed proposal development, teaming arrangements, and solution design. By distinguishing between the two, organizations can appropriately articulate their objectives for BD and capture and better allocate the right resources maximize their chances of success. 
  • Risk Management: Effective capture management involves identifying and mitigating risks associated with pursuing a particular opportunity. This includes assessing factors such as competition, customer requirements, and budget constraints. The capture process builds in the ability for organizations to make informed decisions about which opportunities to pursue. 
  • Customer Relationship Management: Business development activities often involve building and maintaining relationships with federal agencies, prime contractors, and other stakeholders. Capture management involves engagement with specific customers and partners to position for specific contracts. By understanding the distinction between the two, organizations can tailor their approach to relationship management accordingly. 
  • Inadequate Solution Development: Without a systematic approach to solution development within the capture process, organizations may struggle to tailor their offerings to meet the specific needs and requirements of federal agencies. This can result in generic or poorly aligned proposals that fail to resonate with agency decision-makers. 
  • Proposal Development: Capture management culminates in the development of a detailed proposal in response to a specific opportunity. A dedicated capture process ensures that an organization’s proposal development efforts are aligned with the needs of the customer and the competitive landscape. 
  • Reputational Damage: Submitting subpar proposals, failing to deliver on commitments, or exhibiting unprofessional behavior during the procurement process can result in reputational harm. This can negatively impact future opportunities and relationships within the federal market. Proper proposal development, teaming agreements, and rigorous processes included in capture management help ensure rules of engagement and pursuit are developed and followed. 

Harmonizing Business Development and Capture 

While distinct, business development and capture are inherently connected and mutually reinforcing. Effective business development lays the groundwork by identifying potential opportunities and cultivating relationships, while capture management capitalizes on these connections and insights to pursue and win specific contracts. 

Successful organizations recognize the relationship between business development and capture, integrating both functions seamlessly within their overall growth strategy. They invest in robust processes, technology, and talent to align business development efforts with capture objectives, ensuring a cohesive and coordinated approach to federal contracting. 

While the terms “business development” and “capture” may often be used interchangeably, their roles and functions within the federal market are distinct but complementary. By understanding the nuances between business development and capture and harmonizing both functions effectively, organizations can maximize their competitiveness, drive sustainable growth, and capitalize on the vast opportunities offered by the federal marketplace. 

About the author:  

MJ Sivulich is a Senior Vice President and leads Jefferson’s business consulting practice.  MJ provides federal business development, capture, proposal, government affairs, and marketing support to industry clients.  To contact the author or learn more about Jefferson’s federal business development services, please email contact@jeffersonconsulting.com.  

Indirect Costs Charged as a Fixed Amount | The Misunderstood USAID Localization Tool 

March 21, 2024 

USAID’s August 2022 publication, “Localization at USAID: The Vision and Approach,” includes the following objective: “[To] Channel a larger portion of assistance directly to credible local partners while ensuring accountability for the appropriate use of funds and achievement of development and humanitarian results.” While there should be no debate about “ensuring accountability for the appropriate use of funds,” the devil is in the details, especially regarding the establishment of indirect cost pools and indirect cost rates. There is often a significant burden for USAID to manage and perform due diligence in administering awards to local organizations. There is especially a significant burden for nascent USAID local partners to not only understand but also to establish and maintain the systems required to successfully implement their first directly awarded USAID grant or cooperative agreement.  

However, a misunderstood but potentially effective tool in the Standard Provisions for Non-U.S. Nongovernmental Organizations can be used to achieve USAID localization objectives. This tool, Standard Provision RAA4. Indirect Costs – Charged as a Fixed Amount (Non-Profit) can offer an impactful approach for addressing USAID’s localization goals. While there is quite a bit of guidance and plenty of discussion on the pros and cons of using Standard Provision RAA5. Indirect Costs – De Minimis Rate, there has been little guidance or discussion on the use of RAA4.  

A significant barrier is often the concepts of indirect costs and indirect cost pools. These are often foreign concepts for local organizations. The concept of Modified Total Direct Costs (MTDCs) which alters the base of an indirect cost calculation, is also US government specific. In addition, if a local organization has experience with receiving funds from other donors, any overhead rate limitations are often based on total direct costs (no amounts subtracted from the base of indirect cost calculation). This means the local organization would potentially need to have an entirely separate accounting system for each donor. While the capacity of any organization can be built with sufficient time and resources, the question is whether limited USAID staff and financial resources should be used to build and monitor such systems for local organizations.  Not only will such systems require the financial investment of the local organization (potentially billable to USAID), but they will also require a significant time investment of their finance and administrative staff, their program management staff and their organizational leadership. The establishment of such robust accounting systems can well take up to a year.  

Should the objective be to ensure local organizations have the same systems as US-based non-profit organizations or should the objective be to partner with local organizations and have them do what they do best? If the answer is the latter, then Standard Provision RAA4. Indirect Costs – Charged as a Fixed Amount (Non-Profit) can be an essential USAID tool for achieving this. 

The applicability for using this standard provision, requires all of the following: 

  1. The recipient has never received A Negotiated Indirect Cost Rate Agreement (NICRA); 
  1. The recipient has chosen not to use the 10% de minimis rate authorized in 2 CFR 200.414(f)); and 
  1. The indirect costs are not included as other direct costs in the budget. 

Per the provision, a firm need not purchase and set up a costly ERP system and train staff on the establishment and use of indirect cost pools. Rather, the typical indirect costs such as salaries and expenses of executive officers, personnel administration, accounting and other facilities and administration costs that benefit more than one program or activity can be estimated and established as a fixed amount. In addition, the schedule for payment of the fixed amount can be established in the award. The only caveat is that the award would need to contain a description of the categories of costs that will not be allowed to be charged as a direct cost to the award.  Under this approach, although the organization will be required to track both direct costs and the costs that would normally be considered indirect costs with its existing accounting system, it would not have to invest in an expensive ERP system, develop indirect cost pools, or train staff in its use.  

A concern that I have heard expressed by USAID staff members is how do we prevent overpayment of indirect costs. Such concerns may be “a penny wise but a pound foolish.” While it is possible to overestimate the facilities and administration costs with USAID then having potentially to pay more than what an organization actually incurs (there is also the possibility to underestimate such costs), there is a proviso in the standard provision to allow for adjustments if there is a significant change of total costs (20 percent or more in the aggregate). However, such overpayments should be considered immaterial when weighed against the additional burden placed on USAID to administer an award with indirect costs or administer an award using the de minimis rate. If we are truly concerned about busting the burdens placed on our local partners, using the fixed amount approach would be a small investment to make for reducing the significant burden and risk placed on the local organization by eliminating the need to establish such systems and indirect cost pools.   

As a contractor supporting USAID’s goal of increasing awards to local organizations for more than a decade now, we have experienced the benefits and challenges that local organizations face. The use of RAA4 is a nuanced solution for addressing a complex issue. As part of Jefferson’s local capacity building services, we help USAID and local organizations navigate issues with this and other solutions needed to support localization efforts.  

About the author: 

Eric Bolstad is a Senior Vice President and Jefferson’s USAID Portfolio Lead. He has an MBA with a Concentration in Contract Management from Florida Tech and Bachelor of Arts degrees in International Relations and Spanish from California State University – Chico. With 30+ years in international development, his expertise in contracting and finance for international development projects makes him a sought-after expert in supporting the capacity building of USAID’s local partners.