Georgia Tech Procurement Assistance Center

Do federal supply schedule contracts still have value?

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Over the past several months, there has been a confluence of congressional and agency actions that will have a significant impact on Federal Supply Schedule (FSS) contract holders.

These changes are so significant that they will likely cause companies with FSS contracts to question whether having an FSS makes sense.

These changes could also cause companies to restructure the segments of their companies that are responsible for selling to the federal government.

Keep reading this article at: https://governmentcontractsnavigator.com/2018/03/22/do-federal-supply-schedule-contracts-still-have-value/

GSA wants streamlined forms for Schedule offers

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It is taking too long for the General Services Administration to process new offers from companies looking to get on a Multiple Award Schedules, according to officials, but a new policy seeks to streamline and standardize that work.

The MAS program will be releasing a draft of the new policy in “two-and-a-half to three months,” said Tiffany Hixson, GSA assistant commissioner for the Office of Professional Services and Human Capital Categories, during ACT-IAC’s Feb. 22 Federal Insights Exchange.

“Implementing offer streamlining is a really big deal for us,” Hixson said. “We were probably pushing a year in some instances in terms of getting offers processed. Granted, some of that was just related to the sheer volume of offers. … That said, there were some real challenges that we were having in terms of processing offers.”

Keep reading this article at: http://www.nextgov.com/cio-briefing/2018/02/gsa-wants-streamlined-offer-forms/146179/

GSA is expected to post its draft policy on this subject on the GSA Interact website.

Major contractor pays $1.7 million to settle overcharges on GSA Schedule

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Accenture Federal Services LLC (Accenture), located in Reston, has agreed to pay $1,744,559 to settle overcharges billed to a General Services Administration multiple award schedule contract.

The resolution follows from a disclosure by the company to the U.S. Army Contracting Command, which arose out of an internal investigation conducted by Accenture. Accenture reported to the government that overcharges had been caused by unauthorized purchases of copy toner that had been surreptitiously made by a subcontractor on the contract. The disclosure by Accenture to the Army was made pursuant to the Contractor Code of Business Ethics and Conduct under the Federal Acquisition Regulations (FAR). Accenture provided assistance during the government’s investigation.

The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Virginia and the Army Criminal Investigation Command. The civil claims settled are allegations only; there has been no determination of civil liability.

Source: https://www.justice.gov/usao-edva/pr/accenture-pays-17-million-settle-overcharged-government-contract

GSA reopens Schedule 75, and introduces ‘enhanced’ office supplies SIN

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The General Services Administration (GSA) has reopened the new and improved Multiple Award Schedule (MAS) 75 to new offerors and also added what GSA is calling “a new enhanced” special item number (SIN).  The new SIN is known as Office Supplies Fourth Generation (OS4) for Office Products and Services to the Schedule.

“The new MAS 75 and enhanced SIN were designed to leverage the advantages of utilizing the increased competition from OS2 and ensuring the transparency set forth in OS3, to help GSA accomplish its goals and create value,” says GSA Administrator Emily Murphy. “Increased competition and transparency will help customers and GSA’s industry partners by improving task order-level competition for the federal acquisition community and removing barriers to entry to industry. Ultimately, this means better value and more favorable terms and conditions for customers and more opportunities for small businesses in the government marketplace.”

Run by GSA’s Northeast Caribbean Region, the new office supplies acquisition solution incorporates the Best-In-Class (BIC) features of the OS3 solutions to increase market share, reduce program redundancies, improve customer satisfaction, and increase federal acquisition opportunities for small businesses. Additionally, the combined legacy and enhanced SINs offer customers significant savings, while also meeting sustainable acquisition and socioeconomic goals.

The reopening of MAS 75 and establishment of the enhanced SIN OS4 will also help GSA meet GSA’s goals of refreshing and expanding a competitive pool of qualified vendors, improving customer value on MAS 75 by offering more favorable terms and conditions, savings, and increasing OCONUS (overseas) utilization.

For more information about the reopening of MAS 75 and the new enhanced SIN, visit www.gsa.gov/schedule75.

Business owner sentenced to 20 months in prison for fraudulent billing scheme against federal government

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Nikita Davis, 48, a business owner with a firm in Washington, D.C., has been sentenced to 20 months in prison for a scheme in which she improperly qualified for government contracts and then fraudulently billed the United States more than $1.1 million.

Davis pled guilty in June 2017, in the U.S. District Court for the District of Columbia, to major fraud against the United States.  She was sentenced on October 20, 2017.  The plea agreement calls for her to pay $1,189,697 in restitution to the United States. Upon completion of her prison term, Davis will be placed on three years of supervised release.

Davis was the president and chief executive officer of Federal Acquisition Consultants Inc. (FACI), a company based in Washington, D.C., that specialized in acquisition and program management support. The company was formed in 2007 as an economically disadvantaged, woman-owned, small business.

According to a statement of offense submitted at the plea hearing, Davis made fraudulent representations when she applied in March 2013 for a contract under a GSA program created to streamline the federal procurement process through pre-negotiated prices and terms. GSA provided centralized procurement for the federal government through this program, known as the GSA Multiple Awards Schedule Program (GSA MAS or simply “GSA Schedule”).

The GSA awarded Davis’s company a Schedule contract in May 2013.  Later in 2013, the Department of Commerce solicited requests for quotes from Schedule contractors for work related to the mission of the Afghanistan Investment and Reconstruction Task Force.  The Task Force, part of the Commerce Department, aimed to facilitate and coordinate activities designed to help Afghanistan develop a sustainable economy, stabilize the market, and create strong Afghan-American partnerships.

Davis’s company submitted quotes and in September of 2013 was awarded seven contracts, worth a total of more than $3.1 million.  In April 2014, the Commerce Department’s Office of Inspector General initiated an investigation into Davis and the company, based on an allegation that she submitted false invoices and made false statements to government agencies.  The investigation revealed that, in obtaining the GSA Schedule contract designation, Davis made false representations about her company’s past work experience.  It also determined that Davis’s company improperly billed and collected from the government a total of $1,189,697 under the contracts by billing improperly for travel, danger pay, insurance, security and labor.

Those investigating this case included representatives of the Offices of the Inspector General for the General Services Administration and Department of Commerce.

Source: https://www.justice.gov/usao-dc/pr/business-owner-sentenced-20-months-prison-fraudulent-billing-scheme-against-federal

GSA seeks industry feedback on Civilian Contract Audit Services Ordering Guide

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The federal government’s Civilian Contract Audit Services Working Group, made up of representatives from more than 13 federal agencies and co-led by the General Services Administration (GSA) and the Federal Aviation Administration, is seeking industry feedback on a Civilian Contract Audit Services Ordering Guide. The Ordering Guide is the result of a cross-agency collaboration to explore options to help agencies efficiently and effectively meet their contract audit requirements.

The Ordering Guide sets forth best practices for issuing task orders against the GSA Multiple Award Schedules for professional services to fill agencies’ contract audit requirements and  includes guidance on:

  • Contract direct costs,
  • Incurred Cost Proposal for Final Overhead and/or Billing Rates,
  • Accounting System Reviews,
  • Cost Accounting Standards,
  • Forward Pricing Rate Agreements,
  • Invoice/voucher review, and
  • Others, as necessary

The guide supports the Professional Services Category initiative identified as a critical component to meeting current and future contract audit requirements, and ultimately reducing the opportunity for contract duplication.

It is important to note that the DCAA heretofore has been, and in many cases continues to be, the primary source for the conduct of contract audits for cost reimbursable contracts. However, there are circumstances (i.e., work stoppages, capacity, cognizance, etc.) that may require agencies to procure these services from commercial sources. GSA’s Professional Services Schedule addresses that need.

The draft Ordering Guide is available on FedBizOpps (FBO) under Request for Information (RFI) number 1246131. Please provide comments as instructed on FBO.  Responses in Portable Document Format (PDF) compatible format are due no later than ​5:00 PM PST, October 27, 2017.  Responses must be submitted via e-mail to ccas@gsa.gov. Proprietary information, if any, should be minimized and MUST BE CLEARLY MARKED. Please be advised that all submissions become Government property and will not be returned.

The information provided will be utilized for preliminary planning purposes by the Government to facilitate the decision making process and will not be disclosed outside of the Government. All data received that is marked or designated as corporate or proprietary information will be fully protected from release outside the Government.

For more information contact: ccas@gsa.gov

GSA looks to help startups navigate big contracts

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The General Services Administration has posted a guide to help new technology startups navigate the agency’s sprawling multiple awards schedule contracts.

The Multiple Award Schedule Roadmap, said the GSA’s MAS Program Management Office, is part of the agency’s response to feedback from emerging, small and start-up businesses that getting onto MAS contracts such as IT Schedule 70 can be complicated and time-consuming.

The effort, according to a Sept. 21 blog post, was rolled out under the agency’s “Making It Easier” initiative.

Keep reading this article at: https://fcw.com/articles/2017/09/26/gsa-startup-guide-rockwell.aspx

GSA makes vendor participation in transactional data reporting pilot voluntary

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Last week, the US General Services Administration (GSA) announced that it will make participation in its Transactional Data Reporting pilot program (TDR Pilot) voluntary for all GSA contractors.

Previously, for Schedules and Special Item Numbers (SINs) included in the TDR Pilot, participation was voluntary for most existing contractors but mandatory for new offerors and those existing contractors approaching exercise of a five-year option period.

As discussed in the June 2016 LawFlash, as implemented, the TDR rule requires that government vendors electronically submit a monthly report containing line-item transactional data (e.g., part number, price paid) for direct sales to the government. GSA has previously opined that the TDR rule should significantly reduce burdens to contractors—in particular, by exempting participating contractors from the requirements of submitting Commercial Sales Practices (CSP) disclosures and complying with the tracking customer requirements of the Price Reductions Clause (PRC).

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=624718

GSA creates Schedule SIN for health IT services

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Health Information Technology (IT) is one of the fastest-growing fields in the IT industry, in part due to a spurt of government technology modernization initiatives. After seeing skyrocketing demand across federal government agencies for the past several years, the U.S. General Services Administration (GSA) decided to prioritize Health IT as its own separate category within GSA Schedule 70 by establishing Health IT Special Item Number (SIN) 132-56.

The new SIN was officially established on August 1, 2016. It is the first SIN of its kind directly correlated to Health IT in compliance with the Federal Acquisition Regulation (FAR).

This new SIN category will give Health IT companies access to business with federal government agencies including the U.S. Department of Health and Human Services, the U.S. Department of Veterans Affairs, and the Defense Health Agency (a joint integrated Combat Support Agency that enables the U.S Army, U.S. Navy, and U.S. Air Force medical services to provide a medically ready force and ready medical force to Combatant Commands in both peacetime and wartime). As military and civilian healthcare reforms take effect, GSA expects these agencies’ demand to continue to grow.

Part of the justification for establishing a separate category is that Health IT is truly different — in that companies involved in the Health IT industry require very specific skillsets and have to comply with various healthcare security standards, including the Privacy Act of 1974, Health Information Technology for Economic and Clinical Health (HITECH) Act and the Health Insurance Portability and Accountability Act (HIPPA).

Keep reading this article at: http://www.jdsupra.com/legalnews/gsa-has-created-a-separate-category-for-55952/

Russia concerns negatively impact GSA Schedule contractors

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There is no shortage of news these days involving Russia.

You would think that U.S. government contracting would be immune from these considerations. You’d be wrong.

That’s because on July 11 2017, the Government removed Moscow-based Kaspersky Lab products from the General Services Administration’s Schedule Program. Kaspersky provided products through resellers which held GSA Schedule 67 and 70 contracts for photographic equipment and related services, and IT services. As a company based in Moscow, Kaspersky came under scrutiny from the Government and was removed from the schedules “to ensure the integrity and security of U.S. government systems and networks” according to a GSA statement cited by Reuters.

According to the Government’s System for Award Management (SAM), Kaspersky remains an active contractor and has not been suspended or proposed for debarment. Accordingly, agencies can still purchase Kaspersky products but not from Kaspersky’s previously held schedule contracts.

Keep reading this article at: http://www.jdsupra.com/legalnews/russia-concerns-negatively-impact-gsa-70004/

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