Georgia Tech Procurement Assistance Center

Proposed contract bundling changes aim to increase small business contracting

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As required by the Small Business Jobs Act of 2010, on June 3, 2015, the FAR Council introduced a proposed change to the FAR contract bundling requirements. 80 Fed. Reg. 31,561-01. The proposed rule aims to improve small business participation in federal contracting by clarifying existing FAR regulations that discourage agency utilization of contracting bundling. The proposed rule would require increased reporting, parses the definitions of “bundling” and “consolidating” of contracts, and requires agencies to publicly justify their decisions to bundle requirements or consolidate contract vehicles. This definitional distinction between bundling of requirements and consolidation of contracts is intended to discourage agencies from combining unrelated requirements or contracts into a single award.

Under the proposed rule, agencies that bundle contracts or requirements in excess of $2 million will face greater notification and reporting requirements. If an agency wants to bundle two existing contracts, it must first notify small businesses at least 30 days beforehand of its intent to bundle its contracts. Agencies will also be required to provide public notice of the agency’s bundling policy and a list of and rationale for any bundled requirements for which the agency solicited offers or issued an award. If adopted, the proposal’s enhanced notification requirements may afford small business contractors an opportunity to protest an agency’s improperly bundled contracts.

Keep reading this article at: http://www.mondaq.com/unitedstates/x/415754/Government+Contracts+Procurement+PPP/Proposed+Contract+Bundling+Changes+Aim+To+Increase+Small+Business+Contracting

GSA applying its IT model to overhaul of services schedules

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The General Services Administration (GSA) wants to make it easier for agencies to buy professional, management, technology and a host of other kinds of services from the schedule contracts. To that end, GSA will consolidate seven different professional services contracts into what could end up being one mega- schedule.

Tiffany Hixson, GSA’s Federal Acquisition Service’s professional services category executive, said the goal is to consolidate the schedules of as many as 500 vendors by November 2015.

“We are really hoping that will make it much easier for federal contracting officers to get those services, in particular where we have a requirement that covers a number of services areas. So instead of having to compete those services across a number of schedules, they will just be able to go to one,” Hixson said in an exclusive interview with Federal News Radio. “We think that will make it a lot more user friendly from a contracting officer perspective. Additionally, we will be able to reduce our administrative overhead, and for our contractors, it will reduce the cost of administering the number of schedules that we’ve got in the professional services area.”

Keep reading this article at: http://www.federalnewsradio.com/446/3685243/GSA-applying-its-IT-model-to-overhaul-of-services-schedules

House bill would raise small business goals and require bundling justifications

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The defense policy bill that cleared the House May 22 is controversial for multiple reasons, most stemming from its rejection of many of the Obama administration’s cost-cutting proposals in troop compensation, military bases and weapons systems.

But deep inside the 700-plus page National Defense Authorization Act are also provisions to open more federal contracting opportunities to small businesses, and some of these measures are troubling to major contractors.

“The contracting amendments offered to the NDAA are common-sense reforms that will provide opportunities for small companies trying to break into the federal marketplace,” said Rep. Sam Graves, R-Mo., chairman of the House Small Business Committee. “These amendments address many of the barriers created due to the federal procurement system’s bureaucracy and inefficiency.”

The Graves-sought provisions include one to increase the government-wide small business prime contracting goal from 23 percent of contracting dollars to 25 percent and establish a 40 percent subcontracting goal. Another would require that the administration publish contract bundling and consolidation justifications before issuing requests for proposals for awards under the General Services Administration-run Federal Strategic Sourcing Initiative.

keep reading this article at: http://www.govexec.com/management/2014/05/house-defense-bill-would-raise-small-business-contracting-goals/85249/

SBA says GSA failed to assess negative impact of office supply contract on small businesses

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The General Services Administration (GSA) failed to assess the negative impact that the Office Supplies 3 (OS3) strategic sourcing contract would have on small businesses, a Small Business Administration (SBA) analysis says.

Under the Small Business Act, agencies must determine whether new consolidated contracts would negatively affect small businesses, and the SBA is tasked with making sure the agencies execute the determination properly.

SBA undertook the analysis at the Government Accountability Office’s request after several small businesses protested to the OS3 request for proposals, saying GSA failed to look into the economic consequences of the businesses who don’t receive an OS3 award. FedNewsRadio posted a copy (pdf) April 7.

In response to the protests, GSA argued that the OS3 contract is a follow-on contract to the OS2 and not a consolidated contract. GSA also said it’s “contrary to law” to provide an economic analysis on the negative impacts a consolidate contract would have on small businesses.

SBA disagrees on both points.

Keep reading this article at: http://www.fiercegovernment.com/story/sba-says-gsa-failed-assess-negative-impact-os3-small-businesses/2014-04-08 

GSA issues RFP for office supplies contract

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The General Services Administration issued a request for proposals Jan. 31 for the third generation of its office supplies strategic sourcing contract.

The ability for agencies to purchase everyday supplies such as pens, paper and printing items from a single contract will save more than $155 million annually on reduced administrative costs and lower prices, according to GSA.

Proposals are due March 17.

Keep reading this article at: http://www.federaltimes.com/article/20140131/ACQ01/301310010/GSA-issues-RFP-office-supplies-contract 

GAO says agencies need to comply with Congressional requirements for bundled contracts

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Federal agencies sometimes can achieve savings by consolidating requirements from separate, smaller contracts into fewer, larger contracts.  However, consolidation may negatively impact small businesses.  Generally, when consolidation makes a contract unsuitable for small businesses, the contract is considered bundled, which is a subset of consolidation. Agencies must justify their actions for both consolidated and bundled requirements.

In a new report issued by the U.S. General Accountability Office (GAO), it’s noted that the Department of Defense (DoD) and the General Services Administration (GSA) — which accounted for more than 80 percent of the consolidated contracts reported by all federal agencies in fiscal years 2011 and 2012 — do not know the full extent to which they are awarding consolidated contracts.  This is the result of contracts being misreported in the federal procurement data system (FPDS).

GAO reviewed 157 contracts — more than half of all DOD and GSA contracts that were reported as consolidated — and found that 34 percent of the DoD contracts and all of the GSA contracts in fact were not consolidated. GAO also identified four DoD contracts with consolidated requirements that were not reported as such.

GAO’s study found that DoD generally justified contracts with consolidated requirements in accordance with existing regulations, but DOD and GSA have not yet implemented 2010 changes in the law.   Eighty-two percent of the 100 DoD contracts confirmed as consolidated followed existing regulations pertaining to conducting market research, identifying alternatives, and justifying decisions. Most of the contracts that did not comply were justified, but the determinations were not made by an official at a level senior enough to meet defense regulation requirements.

The study also found that the Small Business Administration (SBA) does not collect complete information on bundled contracts and has not reported to Congressional committees as required by federal law.

To read the full GAO report, please visit: http://www.gao.gov/products/GAO-14-36

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