FSS | The Contracting Education Academy

October 25, 2016 By cs

Does ‘Kingdomware’ apply to non-VA FSS orders?

The Supreme Court’s rationale in a recent decision might compel every agency to set aside any Federal Supply Schedule order (or any other order, for that matter) valued between $3,000 and $150,000.

Earlier this year, the United States Supreme Court issued its decision in Kingdomware Technologies v. United States. As we’ve noted, this case was a monumental win for veteran-owned small businesses — it requires the Department of Veterans Affairs to set-aside solicitations for SDVOSBs or VOSBs where two or more such offerors will submit a proposal at a fair and reasonable price, even if that solicitation is issued under the Federal Supply Schedule.

A recent GAO decision suggests, however, that Kingdomware’s impact could be felt beyond the world of VA procurements.

In Aldevra, B-411752.2—Reconsideration (Oct. 5, 2016), the protester relied on Kingdomware to challenge a prior GAO decision that an agency is not required to set-aside an FSS order for small businesses. At issue in the initial protest was an Army National Guard Bureau solicitation under the FSS, seeking an ice machine/water dispenser (valued at $4300). According to Aldevra, the Small Business Act required the solicitation to be set aside for small businesses.

Keep reading this article at: http://smallgovcon.com/gaobidprotests/does-kingdomware-apply-to-non-va-fss-orders/

October 24, 2016 By cs

Sticks and stones: How words and terms of art can hurt the contracting profession

Contracting professional need precision in words and terms, as contract interpretation turns on minute differences in terminology and definitions.

mastery-of-words-oct-2016 Misuse of terms of art in the contracting profession leads to confusion, misunderstanding, and pernicious misconceptions. Clarity in contracting language improves professionalism and avoids inefficient or wasteful procedures.

Words, terms of art, and definitions do not get the respect they deserve. People calling themselves contracting professionals blithely misuse them. Seasoned practitioners — who should know better — stay silent and allow bad habits to persist.

This article turns the spotlight on several frequently misused and abused terms of art, but it is not an exhaustive list.

Read on to explore several flagrantly abused terms of art regarding justifications and scope of the contract: http://www.wifcon.com/analy/Sticks_and_Stones.pdf

September 27, 2016 By cs

IG: GSA’s Schedules program pricing issues cost taxpayers

A General Services Administration Inspector General audit released last week suggests outdated or inaccurate pricing information provided by contractors regarding products and services on the GSA Schedules Program may cost taxpayers as much as $405 million per year.

inaccurate-pricing-gsa-schedules-sept-2016 The audit is the fourth in a series of IG reports highlighting issues in GSA’s Schedules Program, under which the Federal Acquisition Service has established numerous governmentwide contracting vehicles for commercial goods and services.

Agencies use the Schedules Program to purchase everything from pens and paper to complex cybersecurity services at a clip of about $32 billion in sales in fiscal 2014.

Keep reading this article at: http://www.nextgov.com/cio-briefing/2016/09/ig-gsas-schedules-program-pricing-issues-cost-taxpayers/131763

September 23, 2016 By cs

Kingdomware decision gives new meaning to the words ‘government contract’

The Supreme Court’s June 2016 decision in Kingdomware Techs., Inc. v. United States, No. 14-916 (June 16, 2016), may significantly impact the meaning of the term “government contract” for years to come.

Supreme Court seal The case centered on a project for the Department of Veteran Affairs. When VA continually fell behind in achieving its three percent goal for contracting with service-disabled veteran-owned small businesses, Congress enacted the Veterans Benefits, Health Care, and Information Technology Act of 2006. See 38 U.S.C. §§ 8127 & 8128. The Act includes a mandatory set-aside provision that requires competition to be restricted to veteran-owned small businesses if the government contracting officer reasonably expects that at least two such businesses will submit offers and that the “award can be made at a fair and reasonable price that offers best value to the United States.” This is an iteration of the well-known “Rule of Two.”

When it published regulations implementing this statutory requirement, VA took the position that the set-aside requirements in § 8127 “do not apply to [Federal Supply Schedule] task or delivery orders.” 74 Fed. Reg. 64619, 64624 (2009). The Kingdomware case posed a direct challenge to this interpretation.

Keep reading this article at: http://www.contractorsperspective.com/small-business/kingdomware-redefines-government-contract/#page=1

September 21, 2016 By cs

GSA in a ‘sprint’ to offer new cybersecurity contracts

Agencies will be able to buy specialized cybersecurity tools and services in the areas of incident response, penetration testing, cyber hunt, and risk and vulnerability assessments beginning Oct. 1.

The General Services Administration (GSA) is sprinting to launch four new categories of specialized cybersecurity offerings for agency purchase Oct. 1 on the government’s largest IT services acquisition vehicle.

Named the IT Schedule 70 Highly Adaptive Cybersecurity Services special item numbers, the new categories will focus on cyber offerings in the areas of incident response, penetration testing, cyber hunt, and risk and vulnerability assessments. Under the new special item numbers, or SINs, agencies will gain greater insight into and can differentiate what cybersecurity services they’re buying from contractors.

Keep reading this article at: http://fedscoop.com/gsa-in-a-sprint-to-offer-new-cybersecurity-contracts

The Supreme Court’s rationale in a recent decision might compel every agency to set aside any Federal Supply Schedule order (or any other order, for that matter) valued between $3,000 and $150,000.

Contracting professional need precision in words and terms, as contract interpretation turns on minute differences in terminology and definitions.

The Supreme Court’s June 2016 decision in Kingdomware Techs., Inc. v. United States, No. 14-916 (June 16, 2016), may significantly impact the meaning of the term “government contract” for years to come.

Agencies will be able to buy specialized cybersecurity tools and services in the areas of incident response, penetration testing, cyber hunt, and risk and vulnerability assessments beginning Oct. 1.

Search this Website