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Contract Awards

The Marine Corps gets straight to the point and you should too

For conferences, the Marine Corps Systems Command, Office of Small Business Programs hands out a small 16-page pamphlet. A small unassuming pamphlet entitled, Doing Business with the Marine Corps. The brochure has a page dedicated specifically to proposal writing titled, “Power up your proposal.” (Federal News Network August 2021)

Within the “Power up your proposal” page, you will find one of the most straightforward guides to proposal writing.

  1. “Read the solicitation in its entirety multiple times, read and understand the instructions to Offerors, and comply with all of them.”
  2. “Choose your competitions wisely. Target only those solicitations for products and services in your niche market so that you can increase your probability of success.”
  3. “Don’t submit quotes or proposals with teaming partners’ logos all over them.”
  4. “Do not use acronyms without spelling them out first! Do not assume that the proposal evaluators are familiar with a particular acronym unless the acronym was used within the solicitation. When in doubt, spell it out, and provide a definition and/or context for all acronyms.”
  5. “Constantly review your proposal for grammatical errors. Have different people from diverse backgrounds read your technical proposal for clarity, comprehension, consistency, and conciseness. It is important to submit a proposal that is completely free of errors.” (ibid)

All of the above may seem obvious, however, if overlooked, can mean the difference between having a proposal accepted or rejected.

Have questions or need assistance with your next response to a request for proposal? Give us a call.

 

Getting the government to green

The increasing number of Natural disasters are actually not at all “Natural.” They are costing the global economy more than $390 billion each year. As a response, consumers and corporations are working on ways to lower their carbon footprint. Simultaneously, the government is putting into place, aggressive timelines to curb emissions. The Biden administration announced a 2030 target, to reduce greenhouse gas emissions by 52 percent. (Washington Technology September 13, 2021)

Because the federal government has such extensive purchasing power, they have the ability to drive holistic sustainable innovations in the private sector. The government can create sustainability standards and include those standards in requests for proposals, thus driving the private sector into more sustainable practices. (ibid)

According to Bloomberg Government, “$682 billion was spent on contracts in fiscal 2020 a record expenditure for the government.” This gives the federal government the ability to incentivize contractors, who want to work with the government. (ibid)

Will sustainability standards become the norm for requests for proposals? It is already in cybersecurity, the NIST 800 standards have set the bar high for device manufacturers. (ibid)

A recent executive order to speed up cybersecurity advancements pushes industry to progress and innovate even faster. The Environmental Protection Agency (EPA) could use this same type of model to impel sustainability. (ibid)

Once the government makes sustainability a priority, the private world will follow suit. We are already seeing a new mentality and with that, progress.

Questions concerning environmental standards and how to exceed them in your next response to an RFP? Give us a call.

 

 

MAS BPAs, are a good thing

When federal agencies need to place product or service orders, on a recurring basis, they often turn to Multiple Award Schedule (MAS) blanket Purchase Agreements (BPA.).

A MAS BPA is an agreement established by an authorized ordering activity with a Schedule contractor to fill repeat demands for supplies or services, in accordance with FAR 8.405-3.  MAS BPAs and all succeeding orders have the same terms and conditions as the initial Schedule contract. MAS BPAs save the government time and money and give agencies control over their procurements. (GSA Interact August 18, 2021)

MAS BPA benefits:

  • Easier for agencies to fill recurrent needs
  • Efficient for agencies contracting for similar types of work
  • Savings in the form of volume discounts
  • Consistency within the terms and conditions of the BPA
  • Decreases in procurement costs, acquisition time, and administrative effort
  • Small business set-aside procedures assist the government in meeting socioeconomic goals (ibid)

MAS BPA features:

  • On-Ramps – allowing additional contractors as required or to refresh small business participation
  • Funding – funding is required only when an order is placed
  • Faster Ordering – more streamlined ordering process
  • Estimated Value – no minimums or caps
  • Agency Level Terms and Conditions – agencies may add terms and conditions as long as there is no conflict with the original MAS contract terms and conditions
  • Category Management – as outlined by the Office of Management and Budget, all MAS BPAs support category management (ibid)

As a mechanism for promoting fair competition, FAR 8.405.3(a)(3)(i) states a preference for multiple-award MAS BPAs. In addition, MAS BPAs may be extended past five years if necessary to meet program requirements. Some agencies have long-term MAS BPAs to meet agency missions. (ibid)

A single-award MAS BPA can not exceed one year, however, it may have four one-year options. The head of an agency approves all single-award BPAs exceeding $100M. In addition, Order Level Material (OLM) procedures are allowable at the BPA or order level to add contract support items, making MAS BPAs a win for government agencies and contractors. (ibid)

Questions about MAS BPAs or a GSA Schedule award? Give us a call.

 

Small Business? Better be able to prove it

The Small Business Administration has contracting assistance programs, in place, to help small businesses by limiting competition for certain government contracts. Additionally, they work to ensure at least 23 percent of all federal contracting dollars goes to small businesses. (JD Supra August 13, 2021)

The current SBA programs are:

  • The small business set-aside program
  • 8(a) Business Development (8(a)) Program)
  • Service-Disabled Business (WOSB) Program
  • Historically-Underutilized Business Zone (HUBZone) Program (ibid)

It has come to light that some of these programs have had issues certifying and monitoring participants of the programs. Recently, two inspectors general audited the HUBZone and SDVOSB programs. The audits showed 15 of 39 firms receiving HUBZone certification and a HUBZone contract. Of the 15, three were improperly certified to participate in the program. The SBA had not made an eligibility determination for four others participating in the program. (ibid)

The Department of Defense (DoD) Office of Inspector General (DoD-OIG) recently issued a report that turned up concerns with how DoD confirms eligibility for SDVOSB contract awards. In the report, 29 SDVOSB contractors were audited. 16 contractors at issue received 27 contracts, together with values at $827.8 million. Those 16 contractors “did not have a service-disabled veteran as the owner and the highest-ranking officer of the company or whose publically available information and contract documentation did not support that the contractor met the requirements for SDVOSB status.” (ibid)

Since the issues have come out, both criminal and civil enforcement has increased. There have been four federal indictments or guilty pleas from business owners who misrepresented their status as a small business, women-owned business, service-disabled veteran-owned business, or minority-owned business. These are all clear-cut cases of misrepresentation and fraud. Recently, a construction company obtained $250 million in government contracts set aside for SDVOSBs. The owner of the company put a disabled veteran as the apparent owner of the construction company to qualify the company as an SDVOSB. The true owner turned out to be a non-service-disabled business partner who controlled both the financial and operational control of the company. This type of fraud is known as a “rent a vet” scheme. (ibid)

The government may use the False Claims Act (FCA) (31 U.S.C 3729-3733) to root out contractors who violate small business compliance laws. The FCA has a whistleblower aspect allowing for whistleblowers to obtain a percentage of the government’s recovery from a successful resolution of the matter. The FCA is a civil enforcement statute that does not require specific intent to defraud. The reach of the FCA is broad and not to be taken lightly. (ibid)

In 2020, there were 8 key settlements, rulings, and filings regarding various small business fraud scheme allegations and five settlements in 2021 already. Just last month a Virginia-based consulting group and the president of the company agreed to pay a $4.8 settlement regarding FCA allegations. The recent civil enforcement should be a flashing light of warning to small business government contractors that inspectors general and the DOJ are actively pursuing contractors who know their actions are in violation of small business contracting rules. (ibid)

To stay compliant and reduce risk, the following guidelines should be followed:

  • Establish a company culture of compliance, with every employee understanding the rules
  • Work with subject matter experts to stay informed
  • Continuously verify the company eligibility in the program
  • Assess the eligibility of subcontractors or affiliates
  • Perform comprehensive and thorough compliance risk assessments (ibid)

Following the guidelines will allow small businesses to spend their resources on participating in government contracts and not on criminal/civil violations.

Trying to determine if you meet the guidelines? Give us a call.

 

 

 

With modernization comes small business opportunities

On July 29, the Senate passed the Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions (PRICE) Act to modernize the federal acquisition process and expand contracting opportunities for small businesses. This legislation encourages the execution of innovative new systems and procedures while allowing small businesses to grow their businesses through federal contracts. (Federal Soup August 2, 2021)

The objective of the Price Act is to address long-standing obstacles facing small businesses attempting to contract with the federal government.  The Act goes so far as to require federal agencies to report on how they plan to improve mission outcomes and increase small business participation in government contracting. (ibid)

The PRICE Act passage directly follows a white house objective to direct $100 billion toward small disadvantaged businesses by expanding federal contracting opportunities. (ibid)

Are you a woman, minority, veteran-owned, or small disadvantaged business with contracting questions or experiencing hurdles that are hard to overcome? Give us a call.