How to win government contracts and tenders in US
Strategies for Securing U.S. Government Contracts: Registration, Compliance, and International Trade Considerations
U.S. government contracts represent one of the largest procurement markets globally, offering significant opportunities spanning defense, healthcare, construction, IT, and numerous other sectors. Successfully navigating this complex landscape requires comprehensive understanding of federal regulations, registration protocols, recent policy changes, and international trade requirements under the World Trade Organization (WTO).
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Section I: Registration Requirements Under Federal Acquisition Systems
Mandatory SAM.gov Registration
The System for Award Management (SAM) serves as the foundational registration platform for all businesses seeking federal contracts. Entities must complete SAM registration to ensure eligibility, receive payments, and access federal contracting opportunities. Effective March 2025, SAM.gov integrates subaward reporting, replacing previous systems (e.g., FSRS). Users should ensure their entity administrators assign appropriate roles, such as the Data Entry Role, to manage subaward submissions effectively. The Unique Entity Identifier (UEI) now fully replaces the previously used DUNS numbers, streamlining vendor identification processes. Selecting appropriate North American Industry Classification System (NAICS) codes remains crucial for correctly aligning business services with government solicitations.Transactional Data Reporting (TDR) Requirements
Under GSAR Clause 552.216-75, contractors must accurately report transactional contract-level information, including Contract Line Item Numbers (CLINs), invoicing timelines, and Contract Access Fee (CAF) details. Post-award compliance with TDR requirements mitigates potential payment delays and contract termination risks. Maintaining precise, audit-ready documentation is essential for fulfilling these obligations.Section II: Adhering to Federal Acquisition Regulation (FAR) Policies
Recent FAR Deviations and Their Impacts
In February 2025, the General Services Administration (GSA) announced significant FAR deviations reflecting recent Executive Orders. These deviations actively modify procurement guidelines, particularly affecting competitive bidding thresholds and sustainability requirements. Contractors should regularly consult the Federal Register for updates, especially in sectors such as construction and information technology, which are notably impacted by these regulatory shifts.General Services Acquisition Manual (GSAM) Compliance
The General Services Acquisition Manual (GSAM), specifically GSAM 501.301, supplements FAR provisions with agency-specific protocols. Procedures include the requirement for Hierarchy Contracting Authorities (HCA) to formalize Memoranda of Understanding (MOUs) to streamline interagency procurements. Contracts exceeding $10 million require approvals from Senior Procurement Executives (SPE) and comprehensive cost-benefit analyses to justify awards, underscoring the necessity for meticulous documentation and compliance.Section III: Leveraging Small Business Set-Asides and Socioeconomic Programs
Understanding Contracting Goals and Adjustments
As established by policy adjustments from previous administrations, the Small Business Administration (SBA) has set an overall goal for awarding 23% of federal contracts to small businesses. Specifically, small disadvantaged-business targets have seen adjustments (from 15% to 5%), significantly increasing competition within this segment. Despite shifts, opportunities persist through programs like Women-Owned Small Businesses (WOSB), Service-Disabled Veteran-Owned Small Businesses (SDVOSB), and HUBZone-certified businesses.Subcontracting Plan Requirements
Prime contractors awarded federal contracts above $750,000 (or $1.5 million for construction) must submit comprehensive subcontracting plans enumerating participation by eligible small businesses. Compliance is enforced through FAR 52.219, which stipulates penalties, including liquidated damages up to 10% of contract values for nonperformance. Regular reporting in the Federal Procurement Data System (FPDS-NG) serves to validate subcontractor participation and mitigates risk of financial penalties.Section IV: Navigating International Trade Considerations and WTO Compliance
Government Procurement Agreement (GPA 2012)
The WTO’s Government Procurement Agreement (GPA 2012) mandates governments, including the United States, to ensure non-discriminatory treatment for suppliers from signatory countries, given reciprocal access. Foreign businesses seeking U.S. procurements must familiarize themselves with GPA 2012 thresholds (currently, approximately $183,000 for services and $730,000 for goods). Entities must refer to the U.S. GPA Annexes to confirm coverage, avoiding disqualification based on nationality restrictions. Workshops such as the WTO TC25-4 sessions provide valuable guidance on implementing GPA compliance effectively, emphasizing directives like sustainable procurement practices and anti-corruption transparency.Resolving Procurement Disputes
When encountering unfair evaluations or procedural irregularities, contractors may pursue redress through established domestic review routes, including protest filings with the Government Accountability Office (GAO) or the U.S. Court of Federal Claims. International suppliers may also invoke regulations under WTO’s Dispute Settlement Understanding (DSU), Article XXII, for cross-border disputes. Legal counsel specializing in both U.S. procurement (e.g., Competition in Contracting Act – CICA) and international trade policy significantly helps businesses achieve favorable resolutions without jeopardizing eligibility for future procurements.Conclusion: Synthesizing a Successful Approach to U.S. Government Contracting
Successfully obtaining and sustaining federal contracts demands comprehensive preparation, rigorous compliance with evolving regulations, and strategic understanding of socioeconomic program opportunities. International suppliers have the additional responsibility of ensuring compliance with WTO GPA requirements and dispute resolution procedures. Continuous education through official platforms such as SAM.gov training sessions and WTO e-learning courses is highly recommended. Businesses that leverage these authoritative resources and carefully manage compliance requirements position themselves to capitalize on significant public-sector market opportunities in the U.S.