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Federal Contracting

New ‘Made in America’ EO

On 25 January, President Biden issued a “Made in All of America by All of America’s Workers” executive order. (Government Executive, February 24, 2021)

Before the executive order takes effect:

  • New rules mandating the executive order must go through the formal rule-making process
  • Within 180 days, the Federal Acquisition Regulatory Council should consider replacing the “component test” (50 percent of a product’s cost must have a domestic origin)
  • The threshold for domestic content requirements for construction materials and end products will be increased, as well price preferences for domestic construction materials and end products

The order directs the FAR Council to assess exceptions from the Act for commercial information technology (IT). Recommendations will likely influence solution strategies. A Made in America office within the Office of Management and Budget (OMB) will be created, which will review waivers to purchase goods from outside the United States. Additionally, the Order mandates a list of actions to be performed within 45 days of the office director’s appointment. (ibid)

Biden’s EO also proposes that GSA create a public website for proposed waivers. Justification for all waivers will be publicly available, giving competitors the ability to weigh-in on waiver requests, likely diminishing the issuance of waivers. Contractors should consider this when determining their sourcing approach. (ibid)

Questions concerning your current as well as future government contracts and how the new order will affect them? Give us a call.

GSA Industry Webinar

GSA Federal Acquisition Services (FAS) is hosting an industry webinar on 24 March via Google Meet and focusing on contract holders of two Multiple Award Schedule (MAS) categories, MAS Travel and MAS Transportation and Logistics Services. These categories were formerly on Schedules 48 and 599, respectively. (GSA Interact, February 19, 2021)

The webinar will highlight the following:

  • GSA Advantage! price lists guidance
  • Required documentation when exercising an option period
  • Responses to vendor questions submitted in advance (ibid)

The deadline for questions and comments is 3:00 PM (ET) Monday, March 1, 2021. Questions must be submitted by email to onthego@gsa.vog with the subject line “MAS TTL March 2021 Quarterly Webinar Question” along with your contract number. Copies should go to lily.thompson@gsa.gov and jeanette.quitoriano@gsa.gov. (ibid)

The meeting will begin promptly at 2:00 PM (ET) with the following meeting id: https://meet.google.com/gwu-jgtq-ism.

Questions concerning MAS changes and updates and how they might affect your current contract or upcoming bid? Give us a call.

Improved FedRAMP

A new and improved FedRAMP now awaits users. The updated website is largely based on feedback from users and gives an in-depth description of the authorization process, enabling Cloud Service Providers and Third-Party Assessment Organizations a more user-friendly way to access relevant information on their role in the FedRAMP Authorization process. (FedRamp.gov February 16, 2021)

A few of the fundamental features include:

  • Authorization Process – the homepage highlights an interactive graphic to give participants a better understanding of the steps involved in the process of the various Authorization paths
  • Program Basics – this new page to FedRAMP details the mission, history, goals, and legal framework of FedRAMP
  • Documents and Templates – a new searchable function within FedRAMP
  • FAQs – functionality enabling participants to search for answers to the most common questions
  • Site notifications – participants are notified of updates, additions, and new blog postings
  • Enhanced Marketplace – design and accessibility and performance updates (ibid)

GSA plans to use web analytics and ongoing feedback to evolve the website over time to meet users’ needs.

Have questions about the new FedRAMP website? Give us a call.

Changes A-Comin’ With the Biden Administration

Contractors can expect to see a new executive order requiring federal contractors to pay a $15 minimum wage and provide emergency paid leave. Additionally, this week President Biden signed an executive order pressing federal agencies to buy more American-made products and services. The buy-American order “will ensure that the federal government is investing taxpayer dollars in American businesses—both small and large.” (The White House Statements and Releases, January 25, 2021)

Employers of the largest federal contracting workforce are cheering the minimum wage increase. Jen Psaki, White House Press Secretary, said Biden issued the minimum wage mandate because “he felt it was something that was not just right to do, but something that was necessary to do.”  (Government Executive, January 22, 2021)

The new buy-American order enhances the Buy American statute passed in 1933 and the Buy America statute passed in 1982. It calls for the following:

  • Closing current loopholes on how domestic content is measured and increasing domestic content requirements.
  • Appoint a new senior leader in the Executive Office of the President in charge of the government’s Made-in-America policy approach.
  • Increase oversight of potential waivers to domestic preference laws. (a GSA-built website will publish waivers publicly)
  • Connect new businesses to contracting opportunities by requiring active use of supplier scouting by agencies.
  • Reiteration of the President’s strong support for the Jones Act.
  • Direct a cross-agency review of all domestic preferences.
  • Support America’s Workers through Federal Purchasing. (The White House Statements and Releases January 25, 2021)

The buy-American order allows American manufacturers and workers to see how federal dollars are spent and where the money is funneled and used, providing transparency promised by the new administration. The higher minimum wage will empower the workforce and provide much needed economic relief. (Government Executive, January 22, 2021)

Questions concerning the new minimum wage or the buy-American order and their effect on future procurements? Give us a call.