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Tag: Department of Homeland Security

CPARS is getting a refresh

For over a decade, the Office of Federal Procurement Policy (OFPP) has encouraged government agencies to increase their research and evaluation of contractor performance on contracts, with little effect. (Federal News Network April 12, 2021)

The general consensus is that the current Contractor Performance Assessment Reporting Systems (CPARS) is broken. Contractors and Contracting Officers feel it inaccurately rates performances while also being burdensome. For the past two years, Mike Smith, a former DHS director of strategic sourcing and now an executive vice president at GovConRx, has led an effort to rebuild CPARS. His goal, “make sure it results in good information and the information is more strategic and tactically used.” (ibid)

What are some of the problems with CPARS? Many contracting officers rate contractor performances as satisfactory because it takes too much of their time to verify exceptional or outstanding performance and too much time trying to explain why a rating might be below average or poor. (ibid)

DHS is looking to solve this problem through a pilot application of artificial intelligence (AI). DHS recently awarded contracts to five companies to demonstrate their ability to build production-ready software. User groups will view demos using software-as-a-service (SaaS). The user groups are, The departments of Commerce, Energy, Interior, Veterans Affairs, and Health and Human Services as well as GSA, NASA, the Air Force, and the U.S. Agency for International Development. The agencies gave the 5 companies in the pilot, 50,000 anonymous procurement records, to assist in training the AI. The goal is to decide which technologies will move to phase 3 in June with an actual launch in January 2022. (ibid)

GSA has some barriers to overcome too. Contracting officers must see the value in vendors providing self-assessments on certain projects. GSA senior procurement executive Jeff Koses sent a memo in February recommending the use of vendor self-assessments s one step in the overall CPARS process. The memo is a permission slip, of sorts, for contracting officers to begin asking for self-assessments as one part of the CPARS process. This should alleviate some of the burden on contracting officers.(ibid)

Mike Smith, a former DHS director of strategic sourcing and current executive vice president at GovConRX said, “you wouldn’t believe how many contracting officers refuse to take input from industry because they think they aren’t allowed to. As a contracting officer, I’d rather have a back and forth at least by midyear, if not before, so we can adjust course and have a common understanding at the end of the performance period and there are no surprises about ratings and the basis of that rating.” Most agree that good contractors will jump at the opportunity to do a self-assessment because they will finally be able to have input into the process. (ibid)

CPARS should also help small businesses. When contracting officers see the small business has done larger jobs and done them well, through a relevancy search and high CPARS, they are a lot more likely to award them a contract. This in turn helps the contracting officer make better-informed decisions through the use of data. (ibid)

Questions concerning self-assessments and the intricacies involved? 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.

Telework, the New (Temporary?) Norm

In a recent letter to her contracting staff, Soraya Correa, Homeland Security’s chief procurement officer, asked her contracting staff to stay apprised of the outbreak of COVID-19, before taking any trips. She is relying on the honor system for employees who must take trips to “affected areas, to contact their managers prior to their return to discuss possible telework or leave options.” Also, if they’ve been in close contact with a person “known to have COVID-19” or if airport screeners told them to self-quarantine after returning from overseas travel. Correa went on to say, “if contract performance is affected due to the COVID-19 situation, such as the need for alternate work locations, or travel or schedule changes, the contracting officer is the authority to discuss this with your company.” (FCW, March 9, 2020)

A spokesman for the Professional Services Council expects adjustments of this nature to be the new normal. He expects alternatives to how and where contracting personnel work, with programs necessitating a high level of security being prioritized. (ibid)

Federal agencies are already beginning to shake things up. One example is a recent notice on beta.SAM.gov, where the Department of Defense suggested that attendees of its National Cyber Range Complex Event Planning, Operations, and Support contracting meeting in Florida next week, have alternates at the ready. The notice also mentioned staying tuned in, as the outbreak could cancel the event. (ibid)

Need help determining if your contract may be at risk due to travel/work restrictions as a result of the virus outbreak ? Give us a call.

Cybersecurity Knowledge for Free

Who should understand cybersecurity? According to the Department of Homeland Security, everyone.  Whether or not you work in IT,  a basic understanding of cybersecurity is necessary. Now, thanks to the National Security Agency (NSA) and Penn State University, you can learn online at no charge. (Federal News Network, October 11, 2019)

NSA and Penn State, as part of an undertaking directed by the Department of Homeland Security, have created an online course to educate people on cybersecurity operations, law, and policy. Geared toward non-lawyers, no technical background is required. The entire course can be taken as a whole or in modules. In addition, anyone interested in the course can teach it or take it. It is offered through the Clark Center, with a variety of other cybersecurity courses.

The course begins with an overview of the U.S. government and the legal system and how they operate, providing a legal framework around cyber operations and cybersecurity. It gives similar overviews of technology concepts, then steps into the legal foundations for modern cyber law and policy focusing on the Constitution and the Bill of Rights and their application to these concepts. 

The third and final module reviews cyber operations. This is taught as a cyber threat response framework using real-world cases to keep students engaged. Many examples are taken from actual current events and show how domestic law, national security, and technology intersect. (ibid)

Wondering if you should hone up on your cyber education? Give us a call and we can discuss it with you.

We See the Future and it is … Single Sign On

By now you’ve likely heard of Single Sign On (SSO). It’s not exactly new, and it’s currently used by just a few agencies, but it is the wave of the future as agencies move to more cloud-based apps. In fact, 6 U.S. Code § 1523(b)(1)(D), a provision of law governing federal cybersecurity regulations, states that agency heads must “implement a single sign-on trusted identity platform for individuals accessing each public website of the agency that requires user authentication.” This provision was created by GSA working with the Department of Homeland Security. (FedTech, May 24, 2019)

What exactly is SSO? SSO allows a user to sign in one time with one high-strength password and access all that specific user’s authorized applications. With SSO, a user need not memorize a different password for each and every application they access. SSO uses the Security Assertion Markup Language protocol that gives the user the ability to log on once for affiliated but separate websites. According to Tracy David, a cloud client executive at CDW, SSO uses “highly complex encrypted keys, which the end user has no access to view or change.” Ultimately, this makes for a much higher level of security for each agency. (ibid)

At this time, you must log in to each app with a different password. More often than not, passwords across applications are similar (if not the same) and easily remembered. This weakens the security level of the agency as stolen credentials account for roughly 80 percent of breaches. With SSO, you have one complex, single-sign-on password protected with multi-factor authentication.  (ibid)

Many agencies are still using on-premises SSO, which will be more difficult as apps move to the cloud. Insiders believe that the Defense Department’s forthcoming Joint Enterprise Defense Infrastructure cloud contract signals cloud adoption becoming the “norm” in government.

Questions about how this affects your current government contract, or how you might work with the government on SSO Technology? Give us a call at 301-913-5000.