Georgia Tech Procurement Assistance Center

GSA takes next step towards consolidating multiple award schedules

By

After receiving more than one thousand comments from industry and other stakeholders, on October 1, 2019, the General Services Administration (GSA) issued a solicitation for a single, consolidated Schedule as part of its project to combine its 24 existing Multiple Award Schedules (MAS), also referred to as Federal Supply Schedules (FSS), into one.  It is an important step towards the agency’s goal of simplifying and reducing duplication in its Schedules program, through which more than $30 billion is spent annually on commercial goods and services.  However, much work remains before such a goal can be realized.

This update provides an overview of GSA Schedules consolidation, the timeline for its implementation, and key areas that Schedule contractors should be prepared to track in the coming months.

Continue reading at:  Perkins Coie

OIG report: SBA’s all small mentor-protégé program falling short

By

The Small Business Administration (SBA) Office of Inspector General (OIG) recently issued a public report on the SBA’s All Small Mentor-Protégé Program (ASMPP), in which the SBA OIG found certain shortcomings in the SBA’s administration of the program.  As discussed below, the report also provides a series of recommendations, most of which the SBA has accepted.

What is the ASMPP?

The SBA began accepting applications for the ASMPP in 2016 and has seen a surge in applications each subsequent year.  Under the ASMPP, any small business – including 8(a) small businesses, Historically Underutilized Business Zone small businesses, veteran-owned and service-disabled veteran-owned small businesses, woman-owned and economically disadvantaged woman-owned small businesses – may enter into an agreement with a large business under which the large business will provide mentorship and assistance.  In return, the large and small businesses are permitted to joint venture to perform federal small business set-aside contracts.

Continue reading at:  Buildsmart blog

Say goodbye to FedBizOpps!

By

As some of you may already know, the Federal Business Opportunities website – commonly referred to as “FedBizOpps” or “FBO” – is not going to be around much longer.  The site will be decommissioned by November 8th of this year, with the site’s “critical functionality” being moved over to/merged with the System for Award Management (“SAM”) as early as first quarter 2020.  However, we are not talking about the same old SAM that contractors may be used to; FBO’s functions will be moved over to a new system at beta.SAM.gov

According to a fact sheet issued by the GSA, “one the transition is complete, beta.SAM.gov will have the same federal business opportunity capabilities that are found today in FBO.gov.”  You will still be able to follow contract opportunities, and save searches, but the processes used to do so (and the related terminology) might vary slightly.  The new system will also boast some improvements over the old flawed-but-familiar FedBizOpps, including…

Continue reading at:  GovCon Examiner

SBA adjusts monetary-based size standards for inflation

By

Effective August 19, 2019, the Small Business Administration (“SBA”) has updated and increased the monetary-based size standards (i.e. receipts-based and assets-based size standards).  The SBA announced this change back in July, and explained that the standards were being changed solely to account for inflation.  Pursuant to the Small Business Jobs Act of 2010, the SBA reviews the size standards every five years and makes any necessary inflation-based adjustments.  The SBA also has the power to revise the size standards to account for changes in industry structure and federal market conditions.

Continue reading at:  Obermayer, Rebmann, Maxwell & Hippel LLP

DoD issues final rule restricting the use of LPTA procurements

By

Effective October 1, 2019, a new rule issued by the U.S. Department of Defense (DOD) amends the Defense Federal Acquisition Regulation Supplement (DFARS) to limit the use of lowest price technically acceptable (LPTA) procurements.  In December 2018, we highlighted the DOD’s proposed rule limiting LPTA procurements.  The final version of that rule, published on Thursday, September 26, 2019, is, as of October 1, 2019, found at section 215.101-2-70 of the DFARS.  As our earlier analysis concluded, this amendment to the DFARS significantly restricts DOD’s ability to favor low-cost options over technical superiority.

Continue reading at:  Perkins Coie

SBA OHA decides 3-year receipts calculation period still applies

By

Since being passed by Congress in late 2018, the Runway Extension Act has been the source of great confusion among small business contractors: would size under receipts-based NAICS codes be calculated under the 3-year calculation period set out in the SBA’s regulations, or under the new 5-year calculation period mandated by Congress?

In a decision just publicly released, the SBA Office of Hearings and Appeals has weighed in.  As of now, the SBA will still calculate size under the 3-year calculation period.

The applicability of the Runway Extension Act was debated in Cypher Analytics, Inc. dba Crown Point Systems, SBA No. SIZ-6022 (Aug. 27, 2019).  In that case, Cypher Analytics was found to be other than small under NAICS code 541611 after the SBA applied a 3-year calculation period.

Cypher Analytics appealed to the OHA, arguing that the SBA erred by not applying the 5-year calculation period required under the Runway Extension Act.  Despite several arguments raised on appeal, OHA was unpersuaded that the 5-year calculation period should apply.

To understand the reasoning behind OHA’s decision, visit:  SmallGovCon

GSA to release consolidated MAS program schedule on first of October

By

This week, GSA announced it is on track to debut its Consolidated Multiple Acquisition Schedule (MAS) Program Schedule Solicitation on October 1. GSA also gave federal contractors planning to bid on the MAS a head start on the process by releasing a final draft solicitation and an updated industry FAQs sheet. Let’s take a look at how to utilize this opportunity to prepare for the solicitation’s long-awaited debut.

GSA’s MAS Program “establishes long-term Government-wide contracts with commercial firms to provide government buyers with access to a wide variety of commercial supplies, services, and solutions.” GSA first announced its plan to modernize this Program “by consolidating its 24 Multiple Award Schedules into one single Schedule for products and services” on November 27, 2018. GSA aimed to “simplify the buying and selling experience for customers, suppliers, and acquisition professionals.” Over the past ten months, GSA conducted extensive market research and collected industry-wide feedback regarding its consolidation strategies, the new single solicitation format, and the streamlined terms and conditions.

GSA recently announced its plans to publish the Consolidated MAS Program Solicitation on FedBizOpps on October 1, so now’s the time to become familiar with the effects of the consolidation.

Continue reading at:  SmallGovCon 

Government contractor pleads guilty to fraud for paying drivers as independent contractors

By

Paying workers as independent contractors instead of as employees may land a former executive in jail for criminal wire fraud.  On June 12, 2019, the former operations manager and vice president of a Florida-based mail transportation contractor pled guilty to two counts of wire fraud related to such treatment.  The Government’s case was based on pricing estimates for employee-related costs that the contractor later did not incur because it instead used independent contractors.

In the June 1, 2018 indictment of Alexei Rivero, the Government contended that Rivero purposely misclassified the drivers it hired as independent contractors.  According to the indictment, this allowed the contractor to “misappropriate” $1.5 million in USPS contract payments “designated” for fringe benefits and $1.2 million designated for payroll taxes.

Continue reading at:  Husch Blackwell’s The Contractor’s Perspective

DoD releases public draft of cybersecurity maturity model certification

By

On September 4, the Office of the Assistant Secretary of Defense for Acquisition released Version 0.4 of its draft Cybersecurity Maturity Model Certification (CMMC) for public comment.  The CMMC was created in response to growing concerns by Congress and within DoD over the increased presence of cyber threats and intrusions aimed at the Defense Industrial Base (DIB) and its supply chains.  In its overview briefing for the new model, DoD describes the draft CMMC framework as a “unified cybersecurity standard” for DoD acquisitions that is intended to build upon existing regulations, policy, and memoranda by adding a verification component to cybersecurity protections for safeguarding Controlled Unclassified Information (CUI) within the DIB.  As discussed in a prior post, the model describes the requirements that contractors must meet to qualify for certain maturity certifications, ranging from Level 1 (“Basic Cyber Hygiene” practices and “Performed” processes) through Level 5 (“Advanced / Progressive” practices and “Optimized” processes), with such certification determinations to generally be made by third-party auditors.

The CMMC establishes a new framework for defense contractors to become certified as cybersecurity compliant.  DoD has stated that it intends to release Version 1.0 of the CMMC framework in January 2020 and will begin using that version in new DoD solicitations starting in Fall 2020.  Notwithstanding the pendency of these deadlines, a large number of questions remain outstanding.  DoD is seeking feedback on the current version of the model by September 25, 2019.

Continue reading at:  Covington’s Inside Government Contracts

Navy tightens cybersecurity requirements

By

Almost a year after Assistant Secretary of the Navy James Geurts issued his September 28, 2018 memorandum (Geurts Memo) imposing enhanced security controls on “critical” Navy programs, the Navy has issued an update to the Navy Marine Corps Acquisition Regulations Supplement (NMCARS) to implement those changes more formally across the Navy.  Pursuant to this update, a new Annex 16 in the NMCARS provides Statement of Work (SOW) language that must be added into Navy solicitations and contracts where the Navy has determined “the risk to a critical program and/or technology warrants its inclusion.”  In addition to the technical requirements reflected in the Geurts Memo, the Navy has added Subpart 5204.73 to the NMCARS that, among other things, instructs Contracting Officers (COs) to seek equitable reductions or consider reducing or suspending progress payments for contractor non-compliance with the Annex 16 and DFARS 252.204-7012 (DFARS clause) requirements.

Continue reading at:  Covington

Contracting News

Read More

Contracting Tips

Read More

GTPAC News

Read More

Georgia Tech News

Read More