Migrate to MAS — Or Else!

This is a time-sensitive reminder that before you submit changes to your catalog through SIP/EDI, migrating to MAS is essential. Even if you have updated your Text File information, you must make sure the migration step has been completed for all of your contracts. (GSA, June 16, 2020)

GSA is deleting all legacy catalogs (product and service) from Advantage, on July 31, 2020. You can continue to use the migrate to MAS function in SIP. Additionally, Catalogs pending approval in CORS should not be impacted by the deletion of legacy catalogs.

Beginning 1 July 2020 updates to legacy catalogs will no longer be allowed. They may only be made once you sign the MAS Mass Mod and migrate your catalog to MAS SINs. (ibid)

Need some help with your contract migration? Give us a call.

Pilot Programs to Decrease Bid Cycle Time

Selling to the government can be a difficult and lengthy process for the most patient of vendors. The buying process in private industry might take a week or two whereas federal buying can take a year or more. Added to that, the costs associated with bidding on government contracts, with no guarantee of a contract, often makes doing business with the government less than appealing. Unfortunately, this makes many companies with innovative products and services steer clear of working with the government.

Now two agencies, the Department of Homeland Security (DHS) and the Internal Revenue Service (IRS), are introducing programs to address costly and time-consuming barriers. (Washington Technology, June 2, 2020)

DHS created the Procurement Innovation Lab; its mission to diminish barriers to competition while opening up the competition to nontraditional companies and by creating multiple awards from a single solicitation. Within the lab, teams test Federal Acquisition Regulation (FAR) flexibilities. Working with the Department of Defense GSA, DHS created the Commercial Solutions Opening Pilot. This affords participants greater latitude when purchasing innovative products below $10 million. (ibid)

DHS is also working to greatly reduce the lengthy proposal process through a phased proposal model. Phase one might involve a lightweight proposal of five pages or possibly a 30-minute phone interview. Then DHS would advise the vendor on how competitive their idea is and let the vendor decide whether it makes sense to move forward with a proposal. Additionally, DHS is working to receive oral presentations and product demonstrations using a paperless process. This allows vendors an opportunity to showcase their wares, and gives the government insight into those vendors they might award contracts to.  The phased proposal allows many vendors the opportunity to engage with the government when otherwise they would not be able to afford to do so. It allows the government to stay on top of innovative solutions that they otherwise might have missed out on. (ibid)

The IRS wants to phase in a pilot program as well. Their goal is to work with non-traditional small businesses to rapidly prototype and test emerging technologies. Project phasing will help to circumvent locking into a single vendor’s solutions as new (and often better) solutions are made available. (ibid)

Questions about the DHS and IRS programs and how you might prepare a lightweight proposal? Give us a call.

Updating Govt Cloud Security

Cloud vendors will soon see standardized security liability language in all government contracts. This is partly due to agencies’ migration to the cloud being sped up once the pandemic hit and increased teleworking, making the need for cybersecurity assurances essential. (Nextgov, May 20, 2020)

Thomas Santucci, the director of the Data Center and Cloud Optimization Infrastructure Program Management Office at GSA, recently elaborated on the subject, “I think there is a need to update our [service level agreements] with the cloud providers and we’re actively working on that within [the General Services Administration]…. OMB has just stood up a [program management office] to work on a cloud SLA template for the federal government to be attached to every contract.” (ibid)

When referring to the pandemic, Santucci said, “Users are now remote rather than in a central building or campus. Agencies that are doing well are mostly in the cloud with little or no impact. Remote users do not need a [virtual private network] to gain access to their emails or files, collaboration products have significantly reduced file duplicates, and bandwidth consumption is between the home internet connection and the cloud. It’s a great success story.” (ibid)

Officials at the National Institute of Standards and Technology (NIST) believe moving to the cloud does not mean security is a “one and done” feature. There are many considerations that customers may be responsible for under contracts. Increased use of cloud services is not 100 percent secure.

Rep. Doris Matsui, D-California recently wrote to NIST Director Walter Copan, requesting NIST work to establish metrics to accompany their Cybersecurity Framework. The framework allows entities to implement security controls based on their needs. Matsui’s letter to Copan asked for ways to evaluate the security implications of those decisions. Matsui states, “with quantifiable measurement tools, cybersecurity strategies can be compared across industries and between entities. Metrics and measurements that facilitate comparisons and assess risk will be valuable for consumers, companies, and governments.” (ibid)

Wondering how your contract or upcoming proposal might be impacted by cloud migration and updated service level agreements? Give us a call.

Speedy Payments? Yes Please.

The Federal Acquisition Regulation (FAR) is changing to allow government contracting small businesses to get paid within 15 days of invoicing. Furthermore, the Department of Health and Human Services (HHS), the Department of the Treasury (Treasury), the Department of Homeland Security (DHS) and the General Services Administration (GSA) are working together to issue a memorandum that authorizes the expedited payments in advance of the updated changes to the FAR. (JDSUPRA, May 14, 2020)

Contractors should contact their government Contracting Officer to facilitate those payments. For example, a DHS Small Business Innovation Research (SBIR) recipient currently paid within 30 days of invoicing may be eligible for a contract modification to accelerate payments upon the exercise of any options under that contract. (ibid)

The National Defense Authorization Act for Fiscal Year 2020, Section 873, requires agencies to establish an accelerated payment date for certain contracts with a goal of payment 15 days after an invoice is received, if a specific payment date is not established by the contract. The change will be implemented via an applicable FAR revision.

Other formal additions to the FAR include 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial items), FAR 52.213-4 (Terms and Conditions – Simplified Acquisitions (Other Thank Commercial Items)), and FAR 52.244-6 (Subcontracts and Commercial Items.) (ibid)

This is great news for small businesses looking to decrease hardships produced by the COVID-19 pandemic.

Questions about the FAR changes and the expedited payment memorandum? Give us a call.

Industry Looking to GSA for Guidance

Agencies are pressuring GSA to provide guidance for meeting deadlines to modernize telecommunications. The  pandemic has delayed many agency transitions, thus making those deadlines nearly impossible to meet. (FEDSCOOP, May 12, 2020)

COVID-19 slowed task order awards under the Enterprise Infrastructure Solutions (EIS) contract, the government’s $50 billion telecom and network modernization channel. In some cases where task orders have been awarded, agencies can’t provide contractors clear instructions. Many believe the task order award delays impede the move from Networx, Washington Interagency Telecommunications System 3, and local service area contracts.

Legacy contracts are set to expire in May 2023. The GAO expects 19 of the agencies who spend the most on EIS to be transitioned over by the legacy expiration date; however many will not meet the GSA’s more aggressive 30 September 2022 deadline. (ibid)

Allen Hill, executive director of telecom services in the Office of IT Category at GSA believes agencies will make GSA aware of the effects of the pandemic, and GSA will in turn work with agencies on a case by case basis. (ibid)

The Department of Defense has their own strategy. They are beginning to rely on the lowest price technically acceptable (LPTA) source selection for EIS. DoD plans to report the methodology used to award contracts and task orders in June, once the Federal Procurement Data System modification is complete. Meanwhile, the Defense Information Systems Agency executed six EIS awards last month. Most EIS solicitations are “best value” yet agencies need to balance the overall cost of their transition with the time for implementation. (ibid)

Unfortunately, when agencies speed up transition, companies have less time to address task order requirements properly. This puts the risk on industry to provide the best value while accurately responding to agency requirements. Many task orders were written prior to the pandemic, therefore contractors are forced to address network issues while teleworking. The time it takes to address issues is naturally increased. (ibid)

“Agencies are encouraged to examine any gaps in their network infrastructures and ensure they make appropriate adjustments to their EIS task orders to provide needed capabilities. Modern IT demands modern infrastructure,” Hill stated. (ibid)

Have questions concerning a delayed task order or need one? Give us a call.