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Contract management

GSA steps up in the nick of time

GSA temporarily lifted restrictions on economic price adjustments (EPAs) in its contracts in March of this year, to fight inflation. With prices still rising, the agency this month extended the flexibilities through March 2023 and said officers can now make adjustment decisions without the need for approval from a more senior official. (Federal Times September 20, 2022)

As more and more contractors feel the crushing effects of supply chain shortages, price volatility, rising costs, and fixed income impact, a need for immediate relief for contractors couldn’t come quickly enough. The latest memo takes power that was tied up in the request and approval process and puts it into the hands of contractors and procurement officers to evaluate, make decisions and keep business uninterrupted. (ibid)

“Inflation and uncertain economic market conditions erode scarce contracting dollars, cause severe hardship on federal partners, and discourage new entrants from pursuing federal acquisition,” said GSA in the memo announcing the extension. “The acquisition workforce has both the authority and the tools to take action to mitigate the impact of inflation in federal contracts.” (ibid)

Contractors no longer have to hold their contracts for a minimum of a year before submitting price increases. The new guidance also temporarily does away with the limit of three increases per year and the 30-day waiting period between requests. (ibid)

Contractors might consider the following:

  • Request adjustments to contracts if non-price changes to the terms offer some relief to the problems caused by inflation.
  • Determine whether their current situation with once-in-a-generation inflation warrants contractual relief.
  • File a formal request to the contracting officer even if the chances of success are low, so DOD can obtain quantitative data on the scope of the issue.
  • Encourage contracting officers to amend solicitations to include EPA clauses when preparing bids. (JDSupra September 21,2023))

Is your current contract not keeping up with inflation? Give us a call, we can help.

Primes are on the line

On August 22, 2022, the Small Business Administration (SBA) will start providing small businesses with additional ways to show past performance ratings. Past performance ratings are necessary to compete for prime federal contracts. (FEDSCOOP July 25, 2022)

The SBA published a new final rule in the Federal Register that gives small businesses two additional methods to prove qualifying past performance. The first is a joint venture where the small business was part of the joint venture, performing contract work. The second is the subcontracting plan performed by a first-tier subcontractor, under a prime contract. (ibid)

The rule executes Section 868 of the National Defense Authorization Act of fiscal 2021. The goal is to make it easier for small business subcontractors to secure past performance ratings needed to compete for prime contracts. It allows subcontractors to request ratings from contracting officers and prime contractors they have worked with in the past. (ibid)

“SBA believes that, by implementing this rule, the government will be able to attract new small business prime contractors. This will enhance competition in government contracting and provide agencies with increased access to innovative products and services,” according to the SBA. (ibid)

The rule removes the timeline requirement on past performance ratings. The rule allows agencies to use their discretion and gives subcontractors a minimum of 30 calendar days after a performance period’s completion to request ratings from prime contractors. This will keep subcontractors from having to wait until their contract work is complete to request ratings. (ibid)

The requirement to respond to subcontractors’ requests is included in primes’ subcontracting plans, a failure to comply may lead to contract termination, withholding of award fees, lower past performance ratings for subcontracting, liquidated damages, and possibly debarment for “willful or repeated” cases. (ibid)

The SBA has added to the final ruling that subcontractors should notify the contracting officer in the event that the prime contractor fails to submit the requested rating within the rule’s prescribed timeframe. All past performance evaluation factors should align with those of the Contractor Performance Assessment Reporting System (CPARS). (ibid)

The SBA is adding to the final rule that the prime contractor shall use the five-scale rating system – Exceptional, Very Good, Satisfactory, Marginal, and Unsatisfactory. (ibid)

Are you a small business trying to obtain past performance ratings? Give us a call.

OASIS+ is the next big thing small businesses should know about

GSA has been hard at work creating the next-generation contract program for non-IT services. A significant amount of time and industry engagement, including large-scale requests for information (RFIs), went into the creation of the next-generation services contract. (GSABlog June 15, 2022)

GSA had three goals in mind during the design process:

  • Fulfill agency service requirements with highly experienced contractors while simplifying the purchasing experience
  • Broaden access to best-in-class non-IT service contracts for highly qualified contractors while simultaneously increasing small business opportunities
  • Shrink the burden on industry and government (ibid)

GSA is well on its way to achieving its goals.

Maximizing small business engagement is paramount to the new program. GSA is adopting a small business strategy that creates separate and distinct contract families for categories of small businesses to allow maximum opportunities to participate. GSA plans to solicit and award indefinite-delivery indefinite-quantity (IDIQ) contracts in the following categories:

  • 8(a) Small Business
  • HUBZone Small Business
  • Service-Disabled, Veteran-Owned Small Business
  • Total Small Business
  • Woman-Owned Small Business
  • Unrestricted (ibid)

GSA’s new program will be capable of fulfilling requirements currently met by GSA’s One Acquisition Solution for Integrated Services (OASIS); Human Capital and Training Solutions (HCaTS); and Building, Maintenance, and Operations (BMO) contracts. Additional scope areas are to include environmental, intelligence services, and large enterprise solutions. Flexibility will be built in to expand the scope as customers identify ongoing needs. (ibid)

The contracts will be grouped by Domains – functional groupings of services spanning multiple NAICS codes. Domains align to order requirements to qualified industry partners. Over time, GSA will add new Domains to meet agencies’ needs. (ibid)

GSA is ensuring companies that receive awards in the new contract program are highly qualified. Additionally, GSA will create an avenue for new industry partners to continually onboard. GSA will provide for continuous on-ramping and eliminate caps on the number of awards. This will allow the program to evolve as the government agency needs change, expand the industrial base and eliminate barriers to entry for qualified businesses.

GSA’s Enhanced Task Order Competition (876) authority establishes a host of contracts that leverage competition and establish price at the order level. The contracts allow for commercial and non-commercial services and orders of all types including fixed price, time and material cost reimbursement, and hybrid. (ibid)

The name of the program is OASIS Plus (aka OASIS+). Until the program is finalized, updates can be found on SAM.gov and the OASIS+ Interact Community. A draft solicitation is expected early FY 2023 with the final RFP in the second quarter of the fiscal year. (ibid)

This is exciting and daunting at the same time. If you have questions about any part of OASIS+ or the upcoming draft RFP, give us a call.

Will Ascend make it easier to buy cloud services?

GSA recently released a draft statement of work as part of their latest effort to give agencies an easier way to buy cloud services. They are calling it Ascend.

At a recent ACT-IAC sponsored conference, Sonny Hashmi, the commissioner of the Federal Acquisition Service within GSA, said “I don’t want to make the presumption that we’ve figured it out. The process to get to an endpoint on Ascend is going to require a lot of dialogue, and I don’t want us to move forward without it. It goes back to how we were talking about user-centric design. There’s got to be a user need, and in this case, it’s got to be an agency need that Ascend will address. That will dictate what the vehicle looks like, how it’s going to be designed because, without it, it is not going to be successful.”

“At this point, we’re being very deliberate about making sure that there is an actual need on the other side of this. Adoption is going to happen not just because it’s going to be a forcing function, but because there’s actually a need that we’re solving. If we’re not, if it turns out that we’re behind and agencies don’t have a need, then I would rather actually not do this. While we’re excited about this program, ultimately, its job is to solve a problem and help agencies to deliver on their mission. If there’s a better way or different way to solve the problems that we are facing, we’re happy to change tactics on it.”

The draft statement of work for Ascend creates three separate buckets of vendors to deliver infrastructure – platform-as-a-service, software-as-a-service, and cloud professional services.

The draft solicitation states, “the Ascend BPA is part of GSA’s cloud marketplace vision of empowering agencies to develop and implement enterprise-level cloud acquisition strategies through a modernized and simplified approach to meet their IT and cybersecurity requirements. The BPA will emphasize cloud smart/security smart objectives and establish minimum baseline requirements for the acquisition, business operations reporting, and technology capabilities provided by commercial cloud service providers (CSPs) and cloud-focused labor service providers that are not currently accessible under other GSA Multiple Award Schedule (MAS) or governmentwide acquisition contracts (GWACs). The Ascend BPA will focus on enabling support for both vertical (e.g., IaaS, PaaS, SaaS) and horizontal capabilities across the ecosystem and will provide more effective system integration and managed support services for the delivery of flexible, diverse, and secure cloud solutions.”

Hashmi said, “we’re hoping this will be one mechanism or the primary and most usable mechanism for agencies to think about when they’re thinking about modernizing their digital stacks.” Hashmi feels Ascend will allow agencies to buy “by the drink”. This gives GSA the ability to on-ramp new cloud service providers as they become available. It also gives contract holders the opportunity to bring innovation to the federal sector as required and needed.

Hashimi feels this gives agencies greater flexibility. Hashmi said, “the other thing for me is creating a marketplace that is competitive. It can’t just be a small number of highly capable cloud companies. If you don’t create continuous opportunities for new companies to join the marketplace, then we have failed because this market is changing very rapidly.” From past experience, GSA found agencies didn’t want to just contract for cloud services, but a full range of support from the cloud itself along with integration services and ongoing support.

The first versions of Ascend came under scrutiny by industry associations. However, Hashmi said these concerns and other questions concerning the BPA are exactly why GSA put out a draft statement of work. The draft statement of work allows for feedback from agencies, associations, and anyone critical to Ascend’s success.

Are you interested in Ascend and what your company can offer on this procurement vehicle? Give us a call.

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GSA has an equity plan

For the first time in its history, GSA has an equity action plan. Their goal is to increase investments in small disadvantaged businesses (SDB)s. This while the Biden Administration addresses systemic issues, negatively affecting underserved communities. (Federal Computer Week April 14, 2022)

Last week, GSA announced its plan to administer $75 billion in annual contracts. GSA plans to focus on three particular areas: federal procurement, federal buildings, and federal technology design and delivery. (ibid)

The GSA plan identified five barriers impacting SDBs from achieving equitable outcomes in the federal marketplace:

  • Lack of centralized portal
  • Inability to access potential awards
  • Lack of knowledge of federal procurement requirements
  • Inability to navigate and or comply with federal procurement requirements. (ibid)

GSA is looking for new ways for SDBs to find places on existing governmentwide acquisition contracts while creating a supplier diversity plan along with a “robust post-award engagement strategy” to make sure SDBs are successful. GSA is simplifying the process for new candidates, educating and creating new pathways into the federal procurement arena. (ibid)

According to Robin Carnahan, GSA Administrator, “this plan lays out how GSA intends to integrate diversity, equity, inclusion, and accessibility as a priority in everything we do, from delivering projects to designing websites. For government to work, it needs to work for everyone. That’s why we are focused on improving how we at GSA, and our federal partners, can improve how we deliver services to all of America’s communities.” (ibid)

In support of the Biden Administration’s goal to increase federal contract spending on SDBs, GSA plans to increase federal contract spending by 50% over the coming five years. The Small Business Administration is investing in technology to improve program applications. The goal is to increase access to capital for minority-owned businesses. In addition, the White House plans to invest $31 billion in various forms of assistance for socially and economically disadvantaged businesses. (ibid)

Are you an SDB or minority-owned business looking to work with the Federal Government? Give us a call.