competition | The Contracting Education Academy

September 17, 2020 By cs

GSA finally pushing price competition to where it belongs: At the task order level

Emily Murphy, the General Services Administration’s administrator, uttered her “famous” words during her nomination hearing before the Senate Homeland Security and Governmental Affairs Committee in October 2017: “We are trying to make sure GSA’s contracting officers and our policies support really vigorous competition at the task order level because that is the amount we actually are going to spend so we want to get the best deal there, the most competition we can there.”

She offered experience, understanding and hope where only previous administrators’ words offered hallowed general concepts before.

If anyone understood the ridiculousness of asking a vendor’s price for something they haven’t seen the requirements for, it was Murphy.

And when Congress blessed the concept of creating an “unpriced multiple award contract” where costs only mattered at each individual task order level in the 2018 National Defense Authorization Act, many in the acquisition community — including myself — thought the clarion call finally has been heard.

Keep reading this article at: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2020/08/gsa-finally-pushing-price-competition-to-where-it-belongs-at-the-task-order-level/

August 10, 2020 By cs

HUD IG warns agencies to watch out for bidding fraud

Procurement officials should be watching for signs of bid rigging and collusion, according to a report from the Housing and Urban Development Department inspector general.

The report on anticompetitive bidding is part of the HUD Officer of Inspector General Fraud Bulletin series, which provides guidance on how to spot and deter bad actors seeking to abuse the uncertain circumstances of the pandemic. Though the report does not indicate whether anticompetitive bidding schemes have taken place during the pandemic, it encourages procurement officers to keep their eyes open.

“In a disaster environment, such as the one created by the COVID-19 pandemic, competitive pricing can be impacted by the lack of competition, the scarcity of products, the urgent need to acquire products and services quickly, and the lack of substitute product availability,” the report reads. “Although this does not mean that anticompetitive fraud schemes have occurred, the fluid environment increases the risk that they will.”

Collusion prevents the market from allowing the product with the best quality at the best price from rising to the fore during the bidding process, according to the report. Anticompetitive schemes include practices like submitting “token bids” to make it look as though the winning company beat out the competition, when really it was chosen by colluding parties behind the scenes. Other schemes involve agreements to abstain from bidding or withdraw from the bidding process in order to ensure one company wins.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2020/07/hud-ig-warns-agencies-watch-out-bidding-fraud/167263/

August 6, 2020 By cs

Industry executive: Defense Production Act small launch contracts should have been competed

The Defense Department caused an uproar when it announced on June 18 it had selected six small launch companies to receive contracts funded under the Defense Production Act, the head of a space industry group said July 22.

“I know there were a lot of complaints on Capitol Hill and within agencies,” said Chuck Beames, executive chairman of York Space Systems and chairman of the SmallSat Alliance, an industry group that represents space companies including several small launch providers.

“Many companies thought it was unfair, why them and why not us?” Beames said during an online event hosted by the Mitchell Institute.

For the small launch contracts, DoD had set aside $116 million appropriated for Defense Production Act Title 3 investments in key sectors of the defense industry financially impacted by the coronavirus pandemic.

Keep reading this article at: https://spacenews.com/industry-executive-defense-production-act-small-launch-contracts-should-have-been-competed/

July 31, 2020 By cs

Agencies could use improvement in contracting forecast data

According to an industry group study, most federal agencies aren’t sharing details about their upcoming acquisitions needs as well as they could.

**See PSC’s full Scorecard by clicking on image above.**

The federal government has room to improve in providing effective contracting forecasts to industry, according to the Professional Services Council, which represents some 400 companies that work with federal agencies.

PSC’s second Federal Business Forecast Scorecard, which evaluated 60 agencies on 15 “key attributes” necessary for an effective forecast, found 28 of the agencies reviewed “needed improvement,” while five agencies—including the Air Force, Centers for Disease Control and Prevention, and Agriculture Department — do not provide forecasts.

PSC rated 16 agencies as “good,” which represented an improvement from PSC’s 2019 forecast.

“PSC is pleased to see substantial improvement in several agencies even as we continue to encourage all federal agencies to refine the information made available to industry,” Alan Chvotkin, PSC executive vice president and counsel, said in a statement. “Clear project needs enable contractors to plan for the needed personnel and resources to compete successfully for U.S. government contracts, thus resulting in better proposals and shorter award decision timelines allowing programs to commence in timely fashion. The benefit to agencies is that companies can prepare better and earlier in the procurement lifecycle to perform on contracts. Agency needs are met, measurable results are achieved, and competition keeps costs down.”

Keep reading this article at: https://www.nextgov.com/cio-briefing/2020/07/agencies-could-use-improvement-contracting-forecast-data/167043/

May 21, 2020 By cs

SBA issues final rule implementing certification for women-owned small businesses

The U.S. Small Business Administration (SBA) on May 11, 2020, published its long-awaited Final Rule implementing important changes for Women-Owned Small Business Concerns (WOSBs) and Economically Disadvantaged Women-Owned Small Business Concerns (EDWOSBs) participating in the Procurement Program for Women-Owned Small Business Concerns (Program).

Among other things, the Final Rule requires a certification for businesses competing for set-aside or sole source contracts under the Program, and to those seeking to be awarded multiple award contracts for pools reserved for WOSBs and EDWOSBs. It also changes EDWOSB requirements to be consistent with the 8(a) Business Development (BD) Program.

The rule becomes effective on July 15, 2020; however, it’s important to note that many of the specific changes do not go into effect until Oct. 15, 2020.

Some of the important points are summarized here in more detail: https://www.mondaq.com/unitedstates/government-contracts-procurement-ppp/934468/sba-issues-final-rule-implementing-certification-for-women-owned-small-businesses

Procurement officials should be watching for signs of bid rigging and collusion, according to a report from the Housing and Urban Development Department inspector general.

The Defense Department caused an uproar when it announced on June 18 it had selected six small launch companies to receive contracts funded under the Defense Production Act, the head of a space industry group said July 22.

According to an industry group study, most federal agencies aren’t sharing details about their upcoming acquisitions needs as well as they could.

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