multiple award | 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 3, 2020 By cs

Contractor agrees to pay $18.98 million for alleged overcharges and use of unqualified labor

Cognosante LLC has agreed to pay the United States $18,987,789 to resolve allegations that it violated the False Claims Act by using unqualified labor and overcharging the United States for services provided to government agencies under two General Services Administration (GSA) contracts, the Justice Department.

Cognosante, which is headquartered in Falls Church, Virginia, provides health care and IT services and solutions to federal agencies.

GSA’s Multiple Award Schedule (MAS) contracts allow the federal government to leverage its buying power to achieve favorable pricing. Under MAS contracts, contractors negotiate with GSA to set maximum prices for goods and services subsequently ordered by agencies across the federal government. These contracts provide streamlined access to the federal marketplace.

The settlement resolves allegations that Cognosante overcharged the United States for services performed under two GSA MAS contracts, including by providing false information concerning Cognosante’s commercial discounting practices during contract negotiations. It also resolves allegations that Cognosante charged the United States for labor that failed to meet the qualifications in one of the contracts.

Cognosante investigated and disclosed to the United States the contractual violations resolved in the settlement. It received credit for its disclosure and cooperation.

The settlement was the result of a joint investigation by the GSA OIG, the U.S. Attorney’s Office for the District of Columbia, and the Civil Division’s Commercial Litigation Branch. The claims resolved by the settlement agreement are allegations only, and there has been no determination of liability.

Source: https://www.justice.gov/opa/pr/federal-contractor-agrees-pay-1898-million-alleged-false-claims-act-caused-overcharges-and

February 12, 2020 By cs

GSA moves into phase two of its massive contract merger

The General Services administration has begun the process of altering current contracts under its Multiple Award Schedule program, as part of its ongoing initiative to take the 24 different schedules currently existing under the program and merge them into one, unified schedule.

The agency announced Jan. 31 that current schedule holders will receive notice of a “mass mod” to their contracts in the coming months, which will align their terms and conditions with the new, consolidated Multiple Award Schedule.

“We are planning for a smooth transition and federal agencies should experience no disruption to their purchasing practices during the mass mod,” said Federal Acquisition Service Commissioner Julie Dunne in a news release.

“There will be no change to contract numbers, which makes the transition less burdensome overall. And, we’ve been steadily training our contracting workforce to ensure a seamless transition. Soon, we’ll have just one Schedule, with a single set of terms and conditions, making it much easier to buy and offer complete solutions.”

Keep reading this article at: https://www.federaltimes.com/acquisition/2020/01/31/gsa-moves-into-phase-two-of-its-massive-contract-merger/

January 22, 2020 By cs

The 5 trends likely to shape federal contracting in 2020

Government contracting trends that defined fiscal 2019, such as increases in “as a service” and IT consolidation, are likely to continue into FY20.

But several new programs and initiatives are likely to shape the contracting landscape in FY20.

A new report from contract analysts at Bloomberg Government released Jan. 7 broke down these areas likely to mold government contracting trends in 2020:

Best-in-class: IT consolidation
Multiple Award Schedule consolidation
Government buying “as a service”
Small-Business Runway Extension Act will begin affecting contracts
Cybersecurity will become cost of doing business

Keep reading this article at: https://www.federaltimes.com/it-networks/cloud/2020/01/08/the-5-trends-likely-to-shape-federal-contracting-in-2020/

October 4, 2019 By cs

GSA finishes schedule consolidation on deadline

The General Services Administration hit its deadline to consolidate 24 acquisition schedules into one set of terms and conditions for products and services.

The Multiple Award Schedules Consolidation is the part of the agency’s Federal Marketplace Strategy intended to modernize acquisition for federal, state and local governments. GSA released the newly consolidated schedule solicitation Monday evening, Sept. 30, on FedBizOpps.

“This is an important first step toward our goal of simplifying the experience for customers, suppliers, and GSA’s acquisition workforce,” said Emily Murphy, GSA administrator, in the announcement.

Keep reading this article at: https://www.fedscoop.com/gsa-schedules-consolidation-complete/

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 has begun the process of altering current contracts under its Multiple Award Schedule program, as part of its ongoing initiative to take the 24 different schedules currently existing under the program and merge them into one, unified schedule.

Government contracting trends that defined fiscal 2019, such as increases in “as a service” and IT consolidation, are likely to continue into FY20.

The General Services Administration hit its deadline to consolidate 24 acquisition schedules into one set of terms and conditions for products and services.

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