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

Tag: General Services Administration

A Technology “Schedule” in the making

The Small Business Research program is in place for companies to use to develop state-of-the-art technologies. GSA is working to build a contract, much like the GSA Schedule platform, to give agencies access to these technologies. The idea is to shorten the time between a prototype of a new technology and the time it takes to get it to government users. (Washington Technology October 28, 2022)

Federal users lose out on many technologies because they never advance to phase two of the program. According to Jim Ghiloni, acting innovation sector director and IDIQ labs group manager at the General Services Administration (GSA), phase three becomes a challenge because it requires agencies to fund further development work to take advantage of new technology. Ghiloni recently said GSA is working on a government-wide contract vehicle that gives agencies access to these emerging technologies. (ibid)

Ghiloni is working on the business case to present to GSA while market research is ongoing. A draft solicitation is expected in the spring of 2023. Ghiloni plans for the vehicle to be in place by the fall of 2023. (ibid)

The plan is for the contract to look a lot like the GSA Schedule program. Here’s how it would work:

  • Companies finish phase two of an SBIR contract with technology ready to sell
  • Submit a proposal to get a spot on the vehicle
  • Market technology to government agencies (ibid)

All SBIR contracts have three phases. The first phase is developing proof of concept. The second phase is ongoing research and development to prove the technology is commercially viable. Phases one and two of an SBIR contract are funded by the SBIR program. For a company to move to phase three, an agency buyer is needed to commercially develop the technology. To date, this has been difficult because there has not been a mechanism for agencies to use to fund the third phase. (ibid)

Ghiloni hopes to make it easy for agencies to start taking advantage of emerging technologies while at the same time, drawing new entrants to the government marketplace. (ibid)

Is your small business developing an emerging or new technology? Give us a call.

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.

Tech is hot!

While tech procurements have been on the rise over the past several years, COVID most definitely fueled the flame. According to data from an analysis by Jeff Cook, managing director at Shea & Co., third-quarter 2021 tech deals hit nearly $2.2 billion. With much of that activity from strategic acquisitions. Government Technology, January/February 2022

The new year will likely see both large and smaller acquisitions continue with all being potentially significant. Cook expects, “the acquirers who’ve been active will continue to be active.” (ibid)

Apart from acquisitions, other factors have also fueled the growth. Although there is an abundance of bureaucracy in the government, the government is a stable source of sales and returns. While other areas of the economy may slow, the Government, both local and federal, will continue to operate. This coupled with the need to constantly update their tech requirements make the government a top contender for igniting tech growth. (ibid)

Another factor is the move toward cloud computing and software as a service. Google Announced in November of 2021, the launch of a cloud-based “sandbox” named RAD Lab. It is an instrument public agencies might use to test and develop their specific tools. As an added perk, Google provides support in a secure environment. (ibid)

Surveys of both cities and counties by The Center for Digital Government’s, in 2021, show greater movement to the cloud. Approximately one-third of cities report that about 30 percent of their systems and applications reside in the cloud. County migration is about 26 percent. Therefore, while movement is toward the cloud, there is an opportunity there that has yet to be tapped. (ibid)

Google is not the only game in town. Amazon is looking to take a piece of this market, as well. This shows how big tech is looking to add to their revenue from the gov tech space. (ibid)

According to Stewart Lynn, a partner at Serent Capital who leads gov tech practice, “many private-sector folks are finding new roles within government and have understood that the current systems in place are very antiquated and in need of an upgrade. As citizens have become more active online, you’re seeing governments being responsive to their citizens’ needs. Citizens today want the ability to go online and buy their permits, process their payments, understand what’s going with budget spending. And governments are responding to that demand by investing in digital solutions.” (ibid)

As with all new growth, comes a few hurdles and grey areas. According to Rita Reynolds, chief information officer for the National Association of Counties, “government technology vendors must be willing to update their terms of service and contracts to accept their responsibility and ensure that baseline essential security practices are in place to secure what they are hosting and providing to counties.” (ibid)

For counties, states, and the federal government, there’s a need for some flexibility within the procurement arena. An updated acquisition process and partnering with the private sector will go a long way to make this a win-win for both the government and vendors.

Trying to break into the government contracting arena? Give us a call.

GSA is about to make Cloud purchases a whole lot easier

GSA is about to reveal a plan for a governmentwide marketplace for cloud solutions. This new marketplace will not only make it convenient, it will also set up a one-stop-shop for agencies to purchase commercial Software as a Service, Infrastructure as a Service, and Platform as a Service, offerings. (FedTech October 7, 2021)

On a recent webinar, Laura Stanton, assistant commissioner for the Office of Information Technology Category in the GSA’s Federal Acquisition Service, said, “We’re looking at how we put together a cloud marketplace that then becomes a buying platform for agencies. We want to put together not just a framework, but a market contractual vehicle that will allow our agencies to buy these core cloud services that we’re seeing them need more and more.” (ibid)

The GSA marketplace will provide agencies with professional IT services as well as post-award contract management tools. It would also set the requirements to verify cloud services meet the baseline security and adherence to guidance from the Federal Risk and Authorization Management Program (FedRAMP). (ibid)

GSA wants to streamline the entire cloud procurement process for agencies. According to Laura Stanton, “GSA uses the cloud and cloud-related IT professional services special item number (SIN) 518210C as a vehicle for multiple-award procurements. The contract type can be used to acquire cloud computing services, as defined by the National Institute of Standards and Technology.” Stanton said that GSA is “hearing that agencies have to go to multiple places to buy cloud. We decided it was time to take the next step.” (ibid)

An RFI is expected early in the new fiscal year, which began October 1, 2021. (ibid)

Questions concerning the upcoming RFI? Give us a call.

Federal IT to get a $3B boost

The funding for Federal IT modernization is about to see a noteworthy increase, $3.35 billion if a recent amendment sees success. (MeriTalk September 3, 2021)

An amendment, put forward by Rep. Gerry Connolly, D-Va., would increase funding for Federal IT modernization by $3 billion. Connolly said, “this week, Congress continues our important work in rebuilding from this pandemic, and building a 21st-century economy that is more equitable, visionary, and sustainable. But the policy prescriptions we adopt will only be successful if our IT can deliver on those promises. The fate of the world’s largest economy rises and falls with the ability of government IT systems to deliver in an emergency and as we recover into the future. And that should galvanize us all. Without smart IT investments, our mission to help the American People, will not succeed. We have to get this right, right now.” (ibid)

Through a press release, the House Committee on Oversight and Reform expects the amendment to provide the following:

  • $1 billion in TMF funding, available until September 30, 2031.
  • $2 billion for the General Services Administration’s (GSA’s) Federal Citizen Services Fund. The fund helps agencies to improve public engagement with the government. It supports cybersecurity and cloud-based technologies.
  • $350 million to the Information Technology Oversight and Reform (ITOR) account within the Office of Management and Budget (OMB) to create a mechanism to track government IT spending. The ITOR account is used to fund staffing for the U.S. Digital Service. The U.S. Digital Service works to fix agencies’ most difficult tech problems. (ibid)

Are you a business looking to do work with Federal IT modernization? Give us a call.