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Tag: federal contracting

There’s more to a Small Business Affiliation than meets the eye

Small business contracting has been gaining momentum through the Small Business Administration’s (SBA) “all small” mentor-protege program. This program allows a large business to form a joint venture with a small business to compete for set-aside contracts. The SBA has several ways to determine if a company is actually small. And just because you meet the size standard for a procurement does not necessarily mean you are eligible for an award. (Federal News Network January 14, 2022)

Every procurement has a size standard assigned. Size standards set the largest size that a business (including its subsidiaries and affiliates) may be. Therefore, it is crucial to note whether the small business has any affiliates. Size standards are based on the number of employees or average annual receipts of a company. An affiliate’s number of employees and annual receipts are included in business size determination. (ibid)

Many award protests arise when offerors allege the winning company is ineligible, based on size. A protestor will argue that a company is not a small business due to its affiliation with a large company. The affiliation thereby exceeds the size standard. Should the SBA find that a bidding company exceeds the size standard due to an affiliation, the result can be the loss of a contract. (ibid)

Affiliation is when one company controls another company, or a third party controls both businesses. It doesn’t matter if the control is exercised. It only matters that it exists. (ibid)

Common ownership can give rise to affiliation. Common ownership happens when an owner of a firm holds an ownership interest in one or more other firms. This gets complicated if a company is owned by multiple shareholders. (ibid)

Affiliation can occur due to the relationship between the firms themselves, such as an affiliation based on the ostensible subcontractor rule. This rule provides that a prime contractor and subcontractor are affiliated if the subcontractor is performing the primary requirements of a contract and the prime contractor is reliant upon the subcontractor. If the SBA dins an affiliation under the ostensible contractor rule, it is limited to the procurement in question. Both companies may be eligible for award of other small business contracts. (ibid)

The rules around affiliation are subtle and often complicated. Many times a company finds out about an affiliation only after a protest is filed. An unfavorable size determination will result in the loss of a contract. This can affect a vendor’s ability to compete for future set-aside contracts. If this happens, a firm must be recertified as small. It is the same if a protested frim is a protege in a mentor-protege joint venture. The protege must be recertified. (ibid)

Affiliations are preventable. All agreements should include representations concerning the prime contractor’s small business status. All parties should be knowledgeable of the circumstances that may result in affiliation. (ibid)

Do you have affiliation questions? Give us a call.

Back to Basics

If you are a long-time government contract holder or just beginning your government contracting journey, it is helpful to know the various forms of government contracts. According to GovCon Wire, these are the following 5 categories of government contracting.

Fixed-Price Contracts

The pricing of a fixed-price contract never changes. All risk is borne by the contract. The vendor works with what is provided by the government

Indefinite Delivery & Indefinite Quantity Contracts

Sometimes an agency isn’t exactly certain of its requirements. An agency may not know the exact amount of material or length of time required by a vendor to offer a service. Because of this, these are adaptable government contracts. They may also be called Task Order Contracts or Delivery Order Contracts.

Time & Materials Contracts

The contracting agency establishes a per-hour labor rate, evaluates materials costs, and puts in place a price ceiling. Vendors who find they can deliver services within a budget will find this an appealing option. Often contracts for emergency services are short-term. The contractor will deliver only labor and are called labor-hour contracts.

Cost Reimbursement Contracts

This form of contract tends to place greater risk on the government agency. This form of contract tends to lean towards research and development as opposed to actual goods or services. There are various cost-reimbursement contract subcategories, including cost/cost-sharing, cost-plus-fixed-fee, cost-plus award fee, and cost-plus incentive fee.

Incentive Contracts

This form of contract is actually based on a cost-reimbursement contract or a fixed-price contract, with added incentives. A government agency may award an incentive cract to a business who can complete a project swiftly. If the vendor completes the project ahead of schedule, the vendor may be eligible for an incentive (bonus). (GovCon Wire October 2021)

Do you have questions or need assistance with a government contract? Give us a call.

GSA is going green!

GSA is off and running to make the May 27, White House deadline to deliver a plan around clean energy vehicles and green electricity. According to the executive order, GSA must deliver a plan to address clean energy vehicles and green electricity. (Federal News Network, April 28, 2021)

Sonal Kemkar Larsen, the senior adviser to the GSA administrator on climate said, “one thing that is really important to us at GSA across the board is to be looking at how we can decarbonize our entire supply chain. We procure a lot of different things: Energy, buildings, government goods, and vehicles. In all of those, we need to look at our supply chains, the manufacturers, the businesses we are working with all the way to the design and installation in all of this. There is carbon from the beginning to the end so decarbonization is going to be a big lift as we look across the supply chain. A new focus for us is to look across all aspects of procurement.” (ibid)

Under the order, GSA must address how it will attain:

  • A carbon pollution-free electricity sector by 2035
  • Clean/zero-emission vehicles for federal, state, local, and tribal government fleets, including Postal Service vehicles
  • Additional legislation required to accomplish these objectives
  • Certifying the U.S. retains the union jobs integral to and involved in managing and maintaining clean and zero-emission fleets while adding union jobs in the manufacture of the clean fleets (ibid)

Katy Kale, the acting GSA administrator, said the Federal Green Building Advisory Committee created two new task forces – the environmental justice and equity task group and the federal building decarbonization task group. (ibid)

According to Kale, “the decarbonization task group will explore opportunities for reducing greenhouse gas emission in buildings in the federal real estate portfolio through the use of renewable energy, energy efficiency, electrification, and smart building technologies. They will provide some recommendations to GSA this fall so we can begin to develop a roadmap for the decarbonization of federal buildings. The environmental justice and equity task group will improve engagement with diverse communities and key partners throughout the design, construction, operations, renewal, and occupancy. We believe this engagement will lead to increased inclusion, opportunities, and green jobs in the federal sustainability building process.” (ibid)

Kale went on to say, “when we are talking about decarbonization in building, it’s all of the things that we need to do to reduce and eliminate greenhouse gas emissions that are caused by the operation of the building. That could include replacing gas boilers with solar hot water or using ground source heat pumps. Really we need to make sure we are including every efficiency measure that we can, including using smaller, more local equipment for heating and cooling, making sure motors are high-efficiency motors, adjusting control strategies to reduce peak loads. It’s A to Z, we’ve got everything covered.” This is quite a large opportunity for GSA as 60% of its leases held are going to expire between fiscal 2019 through 2023. (ibid)

The other area of “green” opportunity for GSA is through the vehicles it manages. GSA owns and manages over 670,000 cars and trucks and manages more than 200,000 leased vehicles. As of today, GSA has a fleet of 16 types of battery-operated vehicles and 5 plug-in electric vehicles. (ibid)

According to Charlotte Phelan, the assistant commissioner of the Office of Travel, Transportation, and Logistics in the Federal Acquisition Service (FAS), “the biggest challenge that we are looking at is actually the charging infrastructure. We need to deploy electric vehicle infrastructure to make sure we are able to do large-scale vehicle deployment while also ensuring agencies are able to accomplish their mission.” Phelan expects a plan to address the charging infrastructure to be out in the coming months. (ibid)

According to Sonny Hashmi, the commissioner of the FAS, the goal is to get to zero emissions.

Are you looking to be part of GSA’s mission to decarbonize its supply chain? Give us a call.

 

 

GSA just got $150 million, want your piece?

Congress recently passed several spending measures designed to support federal IT modernization and cybersecurity. The one measure, possibly most overlooked, is the $150 million assigned to the General Services Administration (GSA) under the Federal Citizen Services Fund (FCSF).

Many question how exactly the $150 million will be used. Recently, Dave Zyvenyach, director of the GSA’s Technology Transformation Services (TTS), explained, “funding multiple projects within TTS, the FCSF drives innovation in government through interagency projects that enhance and promote the public’s digital experience with government. This includes using technology to improve service delivery, transparency, security, and the efficiency of Federal operations, while also increasing public participation.”

GSA wants to make it easier for the government to deliver digital services to the public and for the public to interact with agencies online. Zyvenyach said, “near-term initiatives will be investments in addressing the pandemic and improving service delivery and security, while longer-term initiatives will improve security, enable mission delivery, and really transform the Federal Technology workforce and improve the government’s experience for the public.”

Bringing private industry innovation to the government is the goal. As a result, the government will see secure, sustainable services, improvements in mission delivery, and costs reduced.

Want a your piece of that pie? Give us a call.

 

EZ-ier requirements for COVID efforts at GSA says EZGSA

GSA’s Multiple Award Schedule (MAS) program may be used by state and local governments to procure commercial products, services, and solutions necessary to respond to the pandemic. GSA is providing additional support by issuing Acquisition Letter (AL) MV-21-03 and Supplement to further aid America in response to COVID-19. (GSA Interact April 14, 2021)

AL achieves this by:

  • Temporarily waiving (3) MAS solicitation requirements in MAS provision SCP-FSS-001 when a company is proposing products/services to support COVID-19 efforts.
  • The AL waives:
  1. The requirement to possess two years of Corporate Experience
  2. The requirement to submit a Relevant Project Experience for each SIN proposed
  3. The requirement to submit an Annual Financial Statement for the previous two years (ibid)

The AL, however, does not change the following:

  • Certain vendor instructions regarding the submission of a Corporate Experience narrative, Letter of Commitment/Supply, Past Performance Information, Quality Control Plans
  • Category/SIN specific technical requirements outlined in the MAS Solicitation category attachments
  • A Contracting Officer’s overarching responsibilities especially determining fair/reasonable pricing, ensuring compliance with vendor instructions, and making a responsibility determination in accordance with FAR subpart 9.1 (ibid)

AL applies to all MAS large categories, subcategories, and SINs under the following conditions:

  • New vendors proposing products, services, and/or solutions in direct support of COVID-19 efforts
  • Current MAS contractors adding service SINs in direct support of COVID-19 efforts (ibid)

AL does not apply under the following conditions:

  • Any offers or modifications which include products, services/solutions that do not directly support COVID-19 efforts
  • To VA MAS for medical equipment, pharmaceutical services, or supplies (ibid)

GSA is doing a number of things to support the ongoing COVID-19 efforts. The following are to name a few:

  • Deferring MAS contract cancellations when minimum sales haven’t been met under I-FSS-639 Contract Sales Criteria
  • Issuing a non-availability determination for Trade Agreement, Buy American Statute Class Determination, allowing contracting officers to temporarily award non-TAA compliant product to support COVID-19 requirements
  • Purchase Exceptions from the AbilityOne Program
  • Implementation of Emergency Acquisition Flexibilities (ibid)

GSA/FAS has many mechanisms for its Federal Partners to access the vital supplies and services required to meet the COVID-19 pandemic. For companies who would like to reach the government market beyond the MAS program, the Commercial Platforms program provides options to partner with several commercial e-marketplace platforms. It is also possible to partner with an existing MAS contractor as a subcontractor, providing part of a total solution to an agency’s COVID requirements. (ibid)

Questions concerning AL, what it does, doesn’t do, or do you now qualify for GSA? Give us a call.