Skip to content Skip to left sidebar Skip to right sidebar Skip to footer

FAR

Prohibited telcom equipment may cost you

The General Services Administration’s (GSA) Office of the Inspector General (OIG) published a new report highlighting GSA’s failure to address prohibited telecom items on its Multiple Award Schedule (MAS) contracts. The report states that this puts customers at risk of unauthorized surveillance by foreign adversaries. In 2017 and 2018, Congress passed laws prohibiting the procurement of certain telecom and video surveillance services from specific entities, with FAS responsible for ensuring compliance. However, the OIG report reveals that FAS’s reliance on contractor self-certifications and the Prohibited Products Robomod process is inadequate in preventing the inclusion of prohibited items on MAS contract price lists. (MerriTalk July 11,2023)

The report also identifies FAS’s shortcomings in taking sufficient action against contractors violating Federal Acquisition Regulation (FAR) restrictions, as well as the lack of a process to notify customer agencies about purchases of prohibited telecom items. Furthermore, FAS initially failed to comply with FAR requirements by not including subsidiaries and affiliates of named entities in their efforts to identify prohibited items on MAS contracts. To address these issues, the OIG has made five recommendations to FAS Commissioner Sonny Hashmi, including strengthening controls and implementing more stringent consequences for non-compliant contractors. (ibid)

This report from the GSA’s OIG follows the release of the Federal Communications Commission’s (FCC) “Covered List,” which prohibits the sale of telecom network equipment and services from certain China-based providers due to national security concerns. The FCC’s ban aims to safeguard the nation’s communications networks and enhance the security and resilience of the domestic supply chain. These efforts reflect the commitment of both agencies to protect national security and mitigate risks associated with unauthorized telecommunications equipment and services. (ibid)

Questions about prohibited telcom items? give us a call.

Green is the new kid in town

Last week the General Services Administration (GSA) signed a memorandum of understanding (MOU) with the Department of Defense (DoD) to make sustainable technology products more easily available in the federal marketplace. (Washington Technology March 24, 2023)

Under the MOU, GSA will use DoD’s Sustainable Technology Evaluation and Demonstration (STED) Program information on product performance and pricing to simplify the acquisition process and make sustainable technology alternatives more readily available to federal agencies. (GSA.gov March 21, 2023)

“This partnership is an important step in strengthening our sustainable acquisition offerings, it’s so important that we help agencies more easily find and buy products that not only meet mission needs but are also better for the environment,” said Sonny Hashmi, Federal Acquisition Service commissioner. (ibid)

In accordance with the agreement, once a sustainable product that meets or exceeds DOD requirements is identified by STED, GSA will work with vendors in obtaining a new Federal Supply Schedule. (Washington Technology March 24, 2023)

Officials at GSA said they would help vendors obtain National Stock Numbers, allowing agencies to obtain sustainable products directly from GSA through the GSA Global Supply requisition process. The GSA Global Supply requisition process is currently certified in the Federal Acquisition Regulation. (ibid)

In addition to the Global Supply requisition process, agencies can also buy through the GSA Advantage! Environmental Aisle to assist in meeting federally-mandated acquisition requirements. Products identified through STED will soon have access to GSA Advantage! providing an even larger market for vendors to market their products. (ibid)

Questions about the MOU or the STED program? Give us a call.

New GSA requirement – attest to software safety

According to a recent GSA memo, software vendors will be required to ensure that only approved software is acquired and used by GSA. GSA plans to use a Cybersecurity and Infrastructure Security Agency form to collect the letters. The forms will be available in early June. (FEDSCOOP February 1, 2023)

The Cybersecurity and Infrastructure Security Agency (CISA), Chief Jen Easterly recently urged industry to take responsibility to ensure the safety of its products. The CISA Chief also recommended shareholders make sure c-suite executives are viewing cyber risk as a board-level issue. (ibid)

GSA is collecting the letters of attestation in an effort to implement a memo signed by the White House. The memo requires all federal agencies to verify that all distributed third-party IT software adheres to the National Institute of Standards and Technology (NIST) supply chain security requirements. (ibid)

The Federal Acquisition Council has under consideration, embedding the requirement for software providers to attest to the security of their products within the Federal Acquisition Regulation (FAR). (ibid)

According to the memo, “GSA’s acquisition regulations (GSAM 511.170(d)) require GSA’s Information Technology (IT) Office to approve new software before its use at GSA. To comply with Executive Order 14028 and OMB Memorandum M-22-18, which require federal agencies to only use software that complies with Government-specified secure software development practices, GSA IT will update its processes to approve software including requiring vendor attestations. GSA IT anticipates issuing an updated attestation process by June 12, 2023.” (Memorandum for the GSA Acquisition Workforce 1/11/23)

The memo also states, “Contractors providing GSA with a cloud-based solution are encouraged to work with the Federal Risk and Authorization Management Program (FedRAMP). The FedRAMP approval process will streamline the GSA IT Standards Process allowing for a timely contract start. GSA also anticipates that leveraging FedRAMP will ensure and streamline compliance with the requirements of OMB Memo M-22-18 in the future.” (ibid)

Have questions or need some guidance with your letter of attestation? Give us a call.

New Emissions Rule right around the corner

The White House proposed the Federal Supplier Climate Risks and Resilience Rule on November 10. With the new rule, larger Federal contractors will face new requirements to report data on their specific greenhouse gas emissions to protect the Federal Government’s supply chains from climate-related financial risks. (MeriTalk November 11, 2022)

According to the White House the rule, “would require major Federal Contractors to publicly disclose their greenhouse gas emission and climate-related financial risks and set science-based emissions reduction targets.” (ibid)

The White House said, “under the proposed rule, the largest suppliers including Federal contractors receiving more than $50 million in annual contracts would be required to publicly disclose specific Scope 1, Scope 2, and relevant categories of Scope 3 emissions, disclose climate-related financial risks and set science-based emissions reduction targets. Federal contractors with more than $7.5 million but less than $50 million in annual contracts would be required to report Scope 1 and Scope 2 emissions. All Federal contractors with less than $7.5 million in annual contracts would be exempt from the rule. Small businesses with over $7.5 million in annual contracts would only be required to report Scope 1 and Scope 2 emissions under the proposed rule.” These disclosures and rules help to contribute to President Biden’s Federal Sustainability Plan. (White House Fact Sheet November 10, 2022)

The types of emissions that require disclosure are direct emissions, indirect emissions from purchased energy, and indirect value chain emissions. (MeriTalk November 11, 2022)

The White House said, “the proposed rule leverages widely-adopted third-party standards and systems that many Federal contractors already use when disclosing their emissions and setting emissions reduction targets, including the DCP environmental reporting system, the Task Force on Climate-Related Financial Disclosures (TCFD) Recommendations, and the Science Based Targets Initiative (SBTi) criteria.” (ibid)

The proposed rule is issued through public comment by the Federal Acquisition Regulatory Council (FARC) and amends the Federal Acquisition Regulation (FAR). (ibid)

Questions concerning the new Emissions Rule and the reporting requirements? Give us a call.

‘

Got a Delivery Service Business? Get a Government Contract

Even before Covid, delivery service businesses were in high demand. The shift to delivery services, since Covid, has been nothing short of astronomical. There is no better time to increase your business and no better way than a federal delivery contract.

Are federal delivery contracts actually worth the time and effort? In 2020, the U.S. government awarded $683 billion in federal contracts. Spending is expected to continue to increase over the next several years. (ExecutiveBiz June 20, 2022)

While DHL, FedEx, and UPS dominate the federal delivery service, the federal government is driving initiatives to include every business. Many agencies actually have offices dedicated to small businesses. (ibid)

One such agency is the Department of Transportation (DOT). Within the DOT is the Office of Small and Disadvantaged Business Utilization (OSDBU) which supports small delivery services providers and vendors operating in the delivery services arena. Additionally, there are contracting assistance programs available at the Small Business Administration (SBA). Certain SBA programs provide assistance to Women-owned small businesses and often link them to mentors.(ibid)

Contracts within the federal delivery service platform generally last from 12 months to as long as 36 years. When an agency is happy with a service delivery provider, often contracts are extended. In addition, the federal government has a stellar reputation for paying invoices. (ibid)

The first step in winning a federal delivery contract involves market research. Done properly, it will help you make informed decisions and understand current demands. Knowing the market prepares you to meet an agency’s needs. (ibid)

The second step is knowing your competition. This will allow you to bid your services competitively. The SBA has a dynamic search function DSBS. SAM.gov is another site that allows you to view new delivery contracts awarded by federal agencies. (ibid)

The third step is knowing the federal and state regulations. Many can be found on this SBA site. The following regulations are the most important to be aware of:

  • Labor and employment – wages/workplace hazard protection
  • Taxes – individual as well as employment taxes
  • Advertising and privacy – trustworthy advertising/customer privacy
  • Environment – an example is the Greenhouse Gas Reporting Program (GHGRP)
  • Antitrust – actions which monopolize or limit competition (ibid)

The fourth step is becoming familiar with the Federal Acquisition Regulation (FAR). This is the script for federal contractors and contracting officers. Knowing the FAR will go a long way to navigating the complex requirements and processes of the federal government acquisition arena. (ibid)

A fifth step is to know whether you are eligible for small business assistance programs. If eligible, you can apply for contracting assistance. (ibid)

Finally, get registered on the SAM website. This is the federal government System for Award Management (SAM.gov). Once you will receive a Unique Entity ID (UEI) which identifies your delivery service business. (If you offer other services, you may have more than one NAICS code.) (ibid)

Once all of the above steps are completed, you are ready to bid on a contract. To prepare, identify your target federal agencies and price your delivery services competitively. Once a federal agency publishes a Request for Proposal (RFP) review the expectations and determine if your business can meet the demands of the RFP. If so, you are ready to bid.(ibid)

Responding to an RFP requires strict attention to detail and timelines. A late response or a partially responded to requirement will disqualify a company from winning a contract. If you are non-compliant you will not receive an award. We recommend setting up schedules for research, writing, and reviews. And remember, all proposals must be submitted on time.

Working your way through the regulations and requirements to successfully bid on government contracts takes finesse and know-how. If you have reached a roadblock or need some assistance, give us a call.