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January 5, 2012 By AMK

USAID pushes for more competition, less onerous regulations

The U.S. Agency for International Development is seeking to increase competition for its contracts and make its programs more accessible to small and disadvantaged businesses as part of a larger agency-wide reform effort.

Concerned that a reduction in contracting staff has led to an increased reliance on a fairly small group of contractors and nongovernmental organizations, USAID has made changes to its procurement program a key part of its reform.

In its plan for change, the agency says it is “falling short” in accessing the full range of talent in both U.S. businesses and organizations and those in developing countries.

USAID has started by promoting more competition within its programs, particularly focusing on setting aside more awards for small and disadvantaged businesses.

The agency has established a review board that looks at ways to make large contracts more accessible to small businesses, such as by splitting them into smaller pieces, said Aman S. Djahanbani, USAID’s chief acquisition officer.

“Broadening our partner base … just makes good business sense, and it furthers sustainable development,” Djahanbani said.

At the same time, the agency is trying to work with more of the organizations and companies that are local to a given country. Littleton Tazewell, senior adviser to USAID’s general counsel for implementation and procurement reform, said the agency often relies on intermediaries — such as U.S.-based contractors or international nongovernmental organizations — to work with local bodies.

“The idea here is to increase our direct engagement with local organizations,” said Tazewell, who said a deeper understanding of local organizations will help USAID craft better solicitations.

The agency also is seeking to make its regulations and rules less burdensome to encourage more companies and organizations to compete for contracts and grants.

USAID acknowledged that some larger contractors or NGOs may see reduced work as a result of its procurement reform moves.

“Our partners need to realize that there is more competition,” said Djahanbani. “However, they definitely have a role to play — maybe a different role.”

For instance, he said, in some cases a local organization could serve as the prime contractor while an international or U.S.-based organization could function as a subcontractor.

Tazewell said USAID has engaged the companies and organizations it frequently uses as it reforms in an effort to identify their particular problems.

Still, USAID is only about 18 months into what it expects to be a five-year process, Tazewell said.

“We’re going to trip and make some mistakes along the way, but our expectation is at the end of that five-year process we’ll be a much better organization,” he said. “We will have a structure [and a] regulatory framework that allows for a broadened partner base that’s both local- and small business-oriented.”

— by Marjorie Censer – The Washington Post – published December 25, 2011 at http://www.washingtonpost.com/business/capitalbusiness/usaid-pushes-for-more-competition-less-onerous-regulations/2011/11/28/gIQA1chUHP_story.html.

Filed Under: Government Contracting News Tagged With: competition, procurement reform, small business, small disadvantaged business, subcontracting, unbundle, USAID

October 25, 2011 By AMK

Procurement chief defends Obama’s commitment to small business

A proposed rule to curb agencies’ little used capacity to offer higher payments to needier contractors “will have no impact on the government’s ability or commitment to drive contracting opportunities for small disadvantaged businesses,” Dan Gordon, administrator of the White House Office of Federal Procurement Policy, said Friday.

In a blog post for the Office of Management and Budget, Gordon sought to reassure some in the minority business community that a proposed regulation issued in September by the Small Business Administration is a routine “housekeeping” tool designed to catch the law up with a 2008 court ruling that declared such price premiums unconstitutional.

“The proposed rule in no way changes the fundamental policies, practices or programs that agencies have been using in recent years to achieve strong SDB participation in the federal marketplace, including the goal of awarding 5 percent of federal procurement dollars to SDBs,” Gordon wrote.

The affected agencies — the Defense Department, NASA and the U.S. Coast Guard — have not used price premiums to attract disadvantaged small contractors in years, Gordon noted. But the administration has “been working with the Minority Business Development Agency to strengthen the bond between contracting, small business and program offices at every agency,” Gordon wrote. “Since the beginning of [fiscal] 2009, agencies have awarded more than $85 billion in contracts to SDBs, exceeding the goal of awarding at least 5 percent of contract dollars to SDBs.” In fiscal 2010, he added, contract awards to small disadvantaged businesses accounted for 7.95 percent of all eligible contract dollars, “well above the goal.”

Gordon’s clarification came as the Obama administration readied a new set of executive actions designed to spur job creation in large and small businesses while Congress debates the president’s larger proposed jobs package.

The perception among some that ending premium payments to disadvantaged businesses was a pullback in the administration’s commitment was rejected by Molly Brogan, vice president of public affairs for the National Small Business Association. “At the end of the day, small businesses just want a level playing field,” she told Government Executive. “Ensuring that small businesses — including SDB businesses — have a fair opportunity to compete for federal dollars ought to be the No. 1 goal. We don’t believe this new rule will change [that] in any way.”

Raul Espinosa, founder of a Jacksonville, Fla. – based university nonprofit called the Fairness in Procurement Alliance, which has been pressing for stronger rules on accelerating payments to small disadvantaged businesses, said he was grateful for the administration’s overall effort, but worries it might be “lip service.” Changes “will mean nothing unless they’re codified into the federal acquisition regulation and referred to in actual contracts,” he said.

—  by Charles S. Clark – Government Executive – October 24, 2011 – http://www.govexec.com/story_page.cfm?articleid=49130&dcn=e_tma

Filed Under: Government Contracting News Tagged With: Coast Guard, competitive price advantage, DoD, full and open competition, MBDA, NASA, OFPP, OMB, premium payments, price adjustment, SBA, small business, small disadvantaged business

December 1, 2010 By AMK

Obama administration begins publishing names of federal subcontractors on Web

The U.S. government is giving the public new details about how it is spending taxpayer money on government business.

Starting Wednesday, the Obama administration began publicizing the names of subcontractors – the companies that get the majority of federal contracts – along with the dollar amounts they receive.

For years, the government reported only the companies that won major, or prime, government contracts – even if those companies then hired subcontractors to do most of the job. Now taxpayers can follow more accurately where their dollars are going, tracing public money to the specific companies and communities that share in multimillion- and billion-dollar federal work.

The previous dearth of information about government subcontracts led to incomplete and sometimes misleading conclusions about Uncle Sam’s impact on communities.

For example, an agency may have boasted of awarding a $100 million prime contract for debris removal after Hurricane Katrina to a homegrown Louisiana company. But that company may have lacked the equipment to tackle the work, and then hired two hauling companies based in Virginia and Texas to do most of the job.

The new subcontractor details are available on the Office of Management and Budget’s Web site, USASpending.gov. Recipients of all federal contracts and grants larger than $25,000 will be required to report the names of companies they hire.

The subcontractors’ names are being made public as required by the Federal Funding Accountability and Transparency Act, which became law in 2006 under President George W. Bush. The informations’ release is two years behind schedule. A smaller portion of subcontractor information – for contracts larger than $20 million – was made public in October.

Both the Bush and Obama administrations faulted technical obstacles for preventing accurate reporting and Web site publication of subcontractor information. After the Obama administration spent tens of millions of dollars in 2009 to create a public Web site, FederalReporting.gov, to track money spent on stimulus projects – including subcontractor details – it cleared the way for the same information to be published on standard government contracts.

Moira Mack, an OMB spokeswoman, said resources also factored into the delay. Contracting spending dramatically increased under the Bush administration but the number of contracting employees remained stagnant, Mack said.

Because of the law, the public will now learn if a huge contract won by a fledgling minority- or female-owned company helped that firm or instead flowed to a well-heeled contracting firm founded and run by a white man. The records also would reveal whether defense work that was meant to help shore up an electronics company in recession-plagued rural Pennsylvania was instead largely being done by a powerful defense giant in Arlington County.

Craig Jennings, director of federal fiscal policy at OMB Watch, an advocate for government transparency, said the public may learn good and bad news about government spending with the new initiative.

“You really have to follow the chain [of a contract] to the end, or you just don’t know where the dollars are going,” Jennings said. “Before this, sometimes a city is listed as the primary recipient of a grant or contract. We wouldn’t know prior to this that the brother-in-law of the mayor is receiving those subcontracts.”

In an April letter setting reporting deadlines for senior federal managers, Jeffrey Zients, then the acting OMB director, stressed the importance of the transparency effort. “Full and easy access to information on government spending promotes accountability by allowing . . . both the public and public officials to gauge the effectiveness of expenditures,” he wrote. “Transparency also gives the public confidence that we are properly managing its funds.”

One day after being sworn into office, President Obama pledged that his administration would be the most open in history – a vow made in the wake of steady complaints that the Bush administration was too secretive. Although the current administration has made significant progress in releasing public information, it has faced its share of criticism that – like the previous White House – it has been loath to release public information that may cast its team in an unflattering light or hamper its agenda.

Jennings said taxpayers could end up feeling more comfortable about government contracts when they know the nitty-gritty details. Instead of reading on a government Web site about a vague $14 million transportation grant given to a state government, taxpayers now can see how the state split those funds among 20 different road and bridge projects in different locations, and which subcontractors did the jobs.

“All we hear about is stupid, wasteful government spending,” he said. “But this will likely show us how the money is actually coming to your city, even your neighborhood.”

– by Carol D. Leonnig, Washington Post Staff Writer, Wednesday, December 1, 2010

Filed Under: Government Contracting News Tagged With: OMB, small business, small disadvantaged business, subcontracting, transparency, WOSB

November 27, 2010 By AMK

Alaska Native subsidiary got $250 million Army contract

An Army contract worth as much as $250 million awarded to a subsidiary of Cape Fox Corp., an Alaska Native corporation in Southeast, is drawing attention two years later, according to The Washington Post. The newspaper, which has been reporting on special federal contracting privileges for Alaska Native corporations, says United Solutions and Services, known as US2 and co-owned by Cape Fox Corp., got the no-bid federal contract to help the Army in “a global campaign to prevent sexual assault and harassment, without seeking outside bids.” It was an odd contract to award US2, The Post reports: US2 “had just three employees and several small contracts for janitorial services and other work. It was based in a four-bedroom colonial, where the founder worked out of his living room.” With the Army contract, US2 needed help to complete the work:

With the Army’s knowledge, the firm subcontracted the majority of it to more established companies, a Washington Post investigation has found. Federal rules generally require prime contractors on set-aside deals to perform at least half of the work, something US2 did not do on more than $100 million worth of jobs, according to interviews with Army officials and an analysis of federal procurement data. In response to The Post’s findings, officials at the Department of the Interior, which managed the contract for the Army, said proper procedures were followed in the contract award. But they said in a statement that they have asked the department’s inspector general to investigate.

It’s not the first time Cape Fox has come under scrutiny this year. Alaska Dispatch reported in May that Cape Fox and two companies it owns — APM LLC and 1CI Inc. — were suing two of APM’s former CEOs and four of those men’s companies for $27 million in damages. Last fall, the Air Force expelled 20 contractors from its procurement list, citing an extensive scheme to exploit and deceive an award process designed to assist small and disadvantaged businesses — businesses which, if Native-owned, are given preferential treatment. Six of the companies named had direct ties to Cape Fox. The rest had ties to former APM chief executive Townsend Jackson, his brother Craig Jackson, and other family members.

Cape Fox and other Alaska Native corporations have been under fire for benefiting from a special federal contracting program. Many Native corporations have created subsidiaries that are involved in what are called 8(a) contracts with the federal government. For years, critics have claimed Native corporations have received unfair advantages compared to other small businesses and that the Small Business Administrations 8(a) program lacks oversight.

The program creates preferences for economically disadvantaged small businesses. Alaska Native companies enjoy the lion’s share — 74 percent — of federal 8(a) awards, according to a 2009 report by the U.S. Senate Subcommittee on Contracting Oversight. Native corporations can go after federal contracts without facing competition. They can also subcontract to larger companies that aren’t Native-owned but have the expertise to fulfill the contracts.

– Alaska Dispatch – Nov. 27, 2010

Filed Under: Government Contracting News Tagged With: 8(a), ANC, Army, Interior Dept., small business, small disadvantaged business

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