Federal Supply Schedule | The Contracting Education Academy

January 14, 2021 By cs

COFC confirms ‘rule of two’ analysis applies before agency decides to utilize a multiple-award vehicle

The U.S. Court of Federal Claims (COFC) issued a decision on Nov. 30, 2020 that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions.

The central question surrounding the case was whether the U.S. Army could cancel a Federal Acquisition Regulation (FAR) Part 8 service-disabled veteran-owned small business (SDVOSB) set-aside procurement under the General Services Administration’s Federal Supply Schedule (FSS) and move the requirement to a multiple-award indefinite-delivery, indefinite-quantity (MAIDIQ) contract vehicle that the plaintiff, The Tolliver Group, Inc. (Tolliver), did not hold.

In its protest, Tolliver argued, in part, that the Army’s actions violated the Rule of Two because the agency was required to determine whether two or more small businesses were capable of performing the requirement prior to choosing to put the procurement on the MAIDIQ contract.

The COFC’s decision confirms that the Rule of Two analysis applies before an agency elects to procure a requirement from a multiple-award contract (MAC) vehicle under FAR Part 16.5.

The Rule of Two requires contracting officers to set aside any acquisition over the simplified acquisition threshold for small business participation when there is a reasonable expectation that (1) offers will be obtained from at least two responsible small business concerns and (2) the award will be made at fair market prices.

In Tolliver, the Army argued that a Rule of Two analysis was not required because—according the Small Business Jobs Act, as implemented in 15 U.S.C. § 644(r)—federal agencies have the discretion to issue MACs without first conducting a Rule of Two analysis to determine whether it should be set aside for small businesses.

Keep reading this article at: https://www.jdsupra.com/legalnews/cofc-confirms-rule-of-two-analysis-83418/

December 28, 2020 By cs

Vendors, consultants describe an increase in ‘bullying’ tactics by GSA to get lower schedule prices

The General Services Administration’s schedules program brings in more than $38 billion in revenue each year.

It’s one of the most well-known acquisition programs in the country with a reach across more than 100 agencies, state and local governments and the private sector companies. If a company wants to play in the federal market, usually their first step is to get on the schedule.

This is why recent actions by some GSA contracting officers trying to drive down prices, particularly for services, that some say to an unreasonable level is causing so much concern and eliciting words like “bullying” and “holding hostage” from those vendors facing this pressure that has re-emerged over the last four to six months.

Multiple vendors as well as consultants, lawyers and a major GSA-focused trade association representing hundreds of schedule holders say the pendulum has swung too far in how the Federal Acquisition Service is requiring vendors to renegotiate prices, with some being reduced by as much as 40%.

“We are getting our next five years on the schedule and [were] just finishing our 10 year[s] in total. In our entire time on the schedule, we’ve never gotten an economic price adjustment so we have not increased our rates since 2009 or 2010. GSA deemed our rates fair and reasonable at the time,” said one vendor executive, who requested anonymity for fear of reprisal. “When we recently went to modify our schedule contract, the GSA contracting officer said our prices were no longer fair and reasonable and asked us to reduce five of our rates. That just shocked us. We have multiple blanket purchase agreements and other contracts against these rates so for us to back track was unthinkable.”

Keep reading this article at: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2020/12/vendors-consultants-describe-an-increase-in-bullying-tactics-by-gsa-to-get-lower-schedule-prices/

November 10, 2020 By cs

GSA preparing switch to e-signature for Multiple Award Schedule offers and mods

Contract holders will also see new security measures being implemented in the near future for eOffer and eMod.

In less than one month, contract holders on the General Services Administration’s Multiple Award Schedule will be able to sign offers and contract modifications digitally using DocuSign. The move will come ahead of more changes that will bring additional security to two contract management portals.

On November 30, GSA will be turning on the ability to electronically sign documents in eOffer and eMod, which will become the standard method going forward. But the transition means contract holders need to prepare.

“This change to DocuSign aligns with GSA’s overall IT modernization efforts to support security and provide a solution that is legally recognized internationally,” GSA officials wrote in a post on Interact.

The post notes there will be some downtime during the transition, meaning vendors will “not be able to submit new offers and requests for modifications in eOffer and eMod” from November 25 through 29. That said, vendors will still be able to start the process for new offers and modifications—just not submit them—and will be able to work on tasks already in process.

Keep reading this article at: https://www.nextgov.com/it-modernization/2020/10/gsa-preparing-switch-esignature-multiple-award-schedule-offers-and-modifications/169653/

October 7, 2020 By cs

10 tantalizing topics testing procurement in the new fiscal year

Change is in the air.

The leaves are beginning to fall to the ground, the morning air is turning crisp, the days are getting shorter — all signaling that we are approaching the end of the government fiscal year.

The beginning of a new fiscal year provides an opportunity for reflection, during which, we can look ahead at the issues and questions that likely will shape procurement over the coming year.

With that in mind, here are 10 topics that surely will be of interest across the procurement stakeholder community.

Keep reading this article at: https://federalnewsnetwork.com/commentary/2020/09/10-tantalizing-topics-testing-procurement-in-the-new-fiscal-year/

April 29, 2020 By cs

Emergency acquisitions group at center of GSA’s coronavirus response

For the General Services Administration, the surge in contracting to respond to the coronavirus pandemic and now the fourth stimulus bill is business as usual.

Even with the activation of its emergency acquisitions group and new authorities, the Federal Acquisition Service is striking the balance between helping the Department of Health and Human Services, FEMA and other agencies, and pushing forward with key modernization initiatives.

Julie Dunne, the commissioner of the Federal Acquisition Service at GSA, said that contracting officers and other acquisition employees are meeting all the demands coming from multiple directions.

“I’ve heard from customers and other folks that GSA has not missed a beat in responding to the COVID-19 crisis. A lot of that is due to our telework capability and, in large part, the GSA IT shop has just been phenomenal,” Dunne said in an exclusive interview with Federal News Network. “Things we are seeing a lot of demand for, you won’t be surprised to hear, medical equipment, hand sanitizer and masks. We also are doing a lot in the IT world in terms of trying to support other agencies with telework capacity.”

Keep reading this article at: https://federalnewsnetwork.com/acquisition/2020/04/emergency-acquisitions-group-at-center-of-gsas-coronavirus-response/

The Contracting Education Academy at Georgia Tech has established a webpage where all contract-related developments related to the coronavirus (COVID-19) are summarized. Find the page at: https://contractingacademy.gatech.edu/coronavirus-information-for-contracting-officers-and-contractors/

The U.S. Court of Federal Claims (COFC) issued a decision on Nov. 30, 2020 that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions.

The General Services Administration’s schedules program brings in more than $38 billion in revenue each year.

Contract holders will also see new security measures being implemented in the near future for eOffer and eMod.

Change is in the air.

For the General Services Administration, the surge in contracting to respond to the coronavirus pandemic and now the fourth stimulus bill is business as usual.

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