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

Small Business

Wanna Connect a Hybrid Cloud?

The Department of Defense (DoD) wants a hybrid cloud environment to serve as the cornerstone for department-wide use of artificial intelligence. The Joint Artificial Intelligence Center (JAIC) issued two sources sought notices from all business that can provide system engineering and integration “to support the procurement, implementation, and operation of a hybrid and multi-cloud deployable development and production platform for Artificial Intelligence and Machine Learning (AI/ML) solutions.” (Fedscoop, November 25, 2019)

This hybrid cloud environment will form the basis of the Joint Common Foundation (JCF), a DoD/Government  AI/ML development platform, containing Data, Tools, and Processes. JCF will include shared data, reusable tools, frameworks, and standards. Additionally, it will include cloud and edge services to develop, secure, test and evaluate, deliver, and sustain capabilities. “The JCF will incorporate the architecture and software artifacts of the Enterprise Development, Security and Operations (DevSecOps) initiative and evolve toward enabling the DoD Artificial Intelligence Strategy.” (ibid)

Proposed vendors answer specific questions about past experience integrating multiple cloud providers at scale with continuous development and integration while meeting security compliance standards. A solicitation conference will be held in early 2020, followed by a request for quotation, and award by the end of September 2020.

The award of JCF will move swiftly. Give us a call if we can answer any questions or assist with your proposal efforts.

New Year, New Mass Mod

At the start of the new year, GSA plans to issue a Mass Modification that will update Schedule contracts to mirror the new consolidated Multiple Award Schedule (MAS) for products and services. The new Multiple Award schedule was released this past October 1st. (GSA Interact, November 25, 2019)

The single Schedule solicitation promotes a simplified format, terms, and conditions along with new categories and Special Item Numbers (SINs). The new Schedule should make it easier for contractors to offer products and services and for agencies to find them. (ibid)

When the Mass Mod is issued, all current Schedule holder’s terms and conditions will align with the new consolidated MAS. The new consolidated MAS solicitation and category attachments are posted on BETA.SAM.gov. Attachments incorporate additional instructions and requirements specific to each large category, subcategory, or SIN. The new consolidated MAS solicitation includes:

  • Solicitation
  • Available Offerings Summary Document
  • Regulations Incorporated by Reference

The Available Offerings and Requirements page on GSA.gov contains templates and attachments for the solicitation. Instructions for each template can be found on Beta.Sam.gov; however individual documents will be housed on GSA.gov. (ibid)

So what do you need to do go get ready? GSA recommends attending one of the following webinars:

Session One:

Date: Thursday, December 19, 2019

Time: 2:30 – 3:30 PM EST

Registration Link: can be found by clicking here.

Session Two:

Date: Thursday, January 9, 2020

Time: 3:00 – 4:00 PM EST

Registration Link: can be found by clicking here. (ibid)

Individuals unable to attend either of the two webinars can find recordings on Interact. In addition, there is an Overview of MAS Consolidation and Consolidated Solicitation Advance Notice training recordings which can be reviewed at any time.

To understand the New Offerings structure, individuals should review the solicitation to understand where specific offerings will fall under the new large categories, subcategories, and SINs. In addition, review of the advance notice for the release of the MAS solicitation, for an overview of clauses, available offerings, and a matrix of clauses included in MAS. (ibid)

GSA recommends questions be submitted to your assigned contracting officer (CO) or the Multiple Award Schedule Program Management Office (MAS PMO) at MASPMO@gsa.gov. (ibid)

Once in receipt of the upcoming Mass Mod, we recommend you review it immediately. Note any exceptions. When responding to the Mass Mod, contractors will be presented with each clause in the consolidated Schedule and may either accept the clause or request an exception. Each exception must include a written justification and be negotiated with the CO. (Contractors should not take exception to clauses that do not apply to them.)

All responses to the Mass Mod are due before July 31, 2020. Those not responding by the due date will find their offerings unavailable on GSA eTools. The contract number, period of performance, products, and services offered as well as the assigned CO will not change as a result of accepting the Mass Mod. (ibid)

Concerns about the Mass Mod and whether or how an exception might affect your current Schedule? Concerned with how to justify an exception? Give us a call.

Strike Force vs. Collusion

The Justice Department has created a new interagency partnership to battle procurement and antitrust crimes, the Procurement Collusion Strike Force (PCSF). The PCSF is comprised of the Antitrust Division of the U.S. Department of Justice, multiple U.S. Attorneys’ Offices around the country, the Federal Bureau of Investigation (FBI), and the Inspectors General for multiple Federal agencies. (Justice.gov)

The PCSF will “deter, detect, investigate and prosecute antitrust crimes and related criminal schemes,” according to Assistant Attorney General Makan Delrahim. He feels many open investigations are related to procurement crimes. Last year alone, the federal government spent almost $500 billion on contracts for goods and services. The overcharge stemming from illegal actions can be significant not only to the government but to all taxpayers as well.  (Government Executive, November 5, 2019)

Bid-rigging is alive and real. According to the Justice Department, earlier this year five Korean oil companies were prosecuted for bid-rigging contracts to provide fuel to U.S. military bases. The PCSF uses data analytics to identify occurrences of procurement collusion. The website has a complaint form, training materials, and legal resources for anyone who believes they have witnessed suspicious activity. (ibid)

Questions about the new interagency partnership? Give us a call.

BAA TAA SBA Huh?

It appears the Buy American Act (BAA) and the Trade Agreements Act (TAA) may, under certain instances, actually reduce the federal market accessibility for US manufacturers. (Federal News Network, October 28, 2019)

In order to be considered for a small-business set-aside, end-items must be manufactured in the U.S. Or the company can qualify as a non-manufacturer (13 CFR 121.406) if:

  • The company is principally engaged in the retail or wholesale  of the product and normally sells the type of product being supplied
  • The company takes ownership of the item with its personnel, equipment or facilities consistent with industry practice and
  • The company supplies the end item of a small business manufacturer, processor or producer made in the U.S. or obtains a waiver of the requirement. (ibid)

Non-manufacturers may receive an individual waiver if the Small Business Administration (SBA) accepts the contracting officer’s determination that no small business manufacturer “reasonably can be expected to offer a product meeting the solicitation specifications.” Additionally, the SBA Administrator may provide a class waiver if she determines that no small business manufacturer “product or class of products is available to participate in the Federal procurement market.”

Of course, TAA restricts product acquisition to manufacturers in the U.S. and certain “designated countries,” (those companies that have a Free Trade Agreement with the U.S. or participate in the World Trade Organization Government Procurement Agreement (WTO GPA)). Therefore, products from non-signatory countries such as China are ineligible for award.  Per FAR 25.101(a), BAA restricts the purchase of non-domestic end-products as well. Some exceptions provide more access to foreign end-products than under the TAA; for instance, BAA makes exceptions where the domestic offer is not the low offer (FAR 25.103) as well as in certain instances of public interest for non-availability in the U.S., and at an unreasonable cost. (ibid)

TAA does not apply to small business set-asides, FAR 25.401, leaving the BAA in place. The waiver of the non-manufacturer rule for a set-aside gives a somewhat illogical result. This makes the TAA inapplicable to set-asides, and the BAA applicable to set-asides where the non-manufacturer rule has been waived. This might result in the Government purchasing an item, such as a medical/surgical product, manufactured in a non-designated country that has subsidized its price to assure the product’s selection. Therefore, the intended law restricting non-domestic products actually facilitates more access to those products. This includes products of manufacturers from non-designated countries, rather than providing controlled access over non-domestic end-products. (ibid)

Ultimately, this could harm small and non-small manufacturers producing domestically. This may also open up small business set-asides to products made in China that would otherwise be ineligible for purchase if the TAA applied. A good deal more statutory guidance and analysis are warranted. (ibid)

Do you have questions about your compliance obligations under an upcoming proposal or current contract? Give us a call.

Modernizing and Funding IT

GSA will continue IT modernization through the new fiscal year, according to Suzette Kent, Federal Chief Information Officer, and Emily Murphy, GSA Administrator. (Federal Times, October 21, 2019)

While Kent and Murphy were speaking at the American Council for Technology-Industry Advisory Imagine Nation conference, the Technology Modernization Fund (TMF), announced $8 million of funding to be made available for the Department of Agriculture and $4 million for the Equal Employment Opportunity Commission (EEOC). (TMF provides funding to agencies for IT projects.) TMF recently granted GSA $20 million for its New Pay HR system.

The EEOC will implement a Cloud-based charge and case management system while the Agriculture project will replace an outdated, manual IT system used for food inspection and certification. Both of these systems have thousands of touch points around the country. The Office of Management and Budget has said both agencies will leverage modern commercial capabilities to move their digital modifications. (ibid)

Interested in the upcoming GSA RFQ or DoA or EEOC opportunities? Give us a call.