terms and conditions | The Contracting Education Academy

December 24, 2019 By cs

Amazon’s protest of GSA’s e-commerce platform RFP tells us why the silly season is in full swing

There may be no better indicator that the General Services Administration’s e-commerce platform solicitation is facing a host of uphill challenges than the fact that the company many believe will be the ultimate winner filed the first protest.

Federal News Network confirmed that Amazon fired the first salvo in the federal e-commerce war.

Government sources say the Seattle, Washington company submitted an agency-level, pre-award protest in November.

Sources say Amazon challenged whether GSA’s market research was sufficient, and it questioned some of the terms of the solicitation, particularly around the compliance of laws like the Competition-in-Contracting Act, the Federal Acquisition Streamlining Act and even the provision in the 2018 defense authorization bill requiring GSA to set up an e-commerce marketplace in the first place.

Keep reading this article at: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2019/12/amazons-protest-of-gsas-e-commerce-platform-rfp-tells-us-why-the-silly-season-is-in-full-swing/

September 9, 2019 By cs

The danger in GSA’s online marketplaces

A little commentary from the General Services Administration on our website urges government buyers to use the agency’s multiple-award schedule contracts.

The venerable MAS contracts generate about $45 billion in annual sales.

Over the years, GSA has continually tinkered with the awards schedules to keep the program relevant. Now it’s about to collapse the 24 individual schedules into one. GSA will release the new consolidated schedule and its terms and conditions on Oct. 1, with a goal of moving all vendors to one schedule by the end of fiscal 2020. GSA let industry know about the consolidated schedule plan late last year.

No change in federal procurement is ever simple.

Center Law Group’s Barbara Kinosky, whom I’ve interviewed from time to time, wrote this about the consolidation: “We understand modifications to add the new consolidated [special item numbers] will not be accepted after Sept. 30 until sometime in mid-January 2020 after contractors have accepted the mass modification incorporating the new consolidated schedule terms and conditions.”

See what I mean?

Once the conversion is done, buyers and sellers will, in theory, have a simpler, more uniform contracting system to deal with. The consolidation is one of many updates and improvements GSA is making to modernize the MAS and the supporting tools like e-modification.

Keep reading this article at: https://federalnewsnetwork.com/tom-temin-commentary/2019/08/the-danger-in-gsas-online-marketplaces/

October 24, 2016 By AMK

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

July 16, 2015 By AMK

Pentagon contractors rank below retailers and banks when it comes to cybersecurity

After revelations that a compromised contractor login abetted a grandiose breach of federal employees’ background investigations, now comes word that Defense Department suppliers score below hacked retailers when it comes to cyber defense.

The new industry-developed cyber rankings — and the recent Office of Personnel Management hack — raise questions about the extent to which cybersecurity is a shared responsibility between government agencies and contractors.

“You can write a contract requiring somebody to do something. The question is, how do you enforce it? And if it’s broken, what are the penalties? That’s what DOD is really struggling with,” said Jacob Olcott, vice president of business development at BitSight Technologies, which rates firms’ susceptibility to hacks. “If you are the only organization that’s building an F-35, there is only so much that the government can demand of you.”

Keep reading this article at: http://www.nextgov.com/cybersecurity/2015/07/pentagon-contractors-ranked-below-retailers-and-banks-when-it-comes-cybersecurity/116899

May 9, 2012 By AMK

Oracle contract cancellation no big deal, experts say

The General Services Administration’s cancellation of Oracle Inc.’s Schedule 70 IT services contract was simply because the two could not reach an agreement on terms, deciding in the end to go their separate ways, experts say.

A senior GSA official said April 20 that it was not in the government’s best interest to continue to offer Oracle’s IT services though its Schedule. GSA officials would not provide further details.

Keep reading this article at: http://washingtontechnology.com/Articles/2012/04/23/reaction-GSA-oracle-cancellation.aspx?s=wtdaily_240412&Page=2.

There may be no better indicator that the General Services Administration’s e-commerce platform solicitation is facing a host of uphill challenges than the fact that the company many believe will be the ultimate winner filed the first protest.

A little commentary from the General Services Administration on our website urges government buyers to use the agency’s multiple-award schedule contracts.

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

After revelations that a compromised contractor login abetted a grandiose breach of federal employees’ background investigations, now comes word that Defense Department suppliers score below hacked retailers when it comes to cyber defense.

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