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GSA ACQUISITION PROGRAMS ON TRACK TO BREAK RECORDS

With two and a half months left in FY’24, all major GSA IDIQ contracts are on track to exceed their FY’23 use levels.  FY’23 itself was a strong year for the use of GSA IDIQ contracts, making the potential record-breaking use for FY’24 even more impressive.  Led by the Schedules program and the OASIS and Alliant contracts, GSA’s IDIQ’s should easily exceed $75 billion in business by the end of the fiscal year and may very well exceed $80 billion.  Indeed, the Alliant, OASIS, Vets, and StAR’s programs have already exceeded their collective business totals for all of FY’20.    These numbers are a strong indicator to contractors of the importance of having robust IDIQ contract vehicles.  Agencies increasingly use such contracts year-round, but especially in the 4th quarter when time is short, and a premium is placed on rapid acquisition.  Bloomberg Government estimated that the use of all IDIQ contracts accounted for 66% of business in the last quarter of FY’23.  Nothing suggests that this number will be lower this year, while actual use could exceed it given the lateness in FY’24 appropriations.  In addition to ensuring that all IDIQ contract offerings remain current, contractors should also have a copy of the IDIQ ordering procedures handy to share with any customer who may not know how to use such contracts.  FAR 16.504 contains these rules, but a copy is also available from Allen Federal by emailing info@allenfederal.com.  Contractors cannot assume that their customers already know these rules, even though IDIQ vehicles are obviously popular.   Schedule contracts also allow for contractor teams to bid on task orders that a single contractor may not be able to perform.  Make sure, however, that teaming agreements are in writing and that their format is not plucked out of the blue from an internet form.  GSA’s IDIQ’s should be an important part of any company’s year-end selling arsenal.  Making sure that you and your customers know how to get the most out of them is increasingly important.

HOUSE NDAA PROVISION WOULD EFFECTIVELY INCREASE DOD SMALL BUSINESS GOALS

Veteran Owned Small Businesses (VOSB’s) would get their own contracting goal for DOD contracts under Section 861 of the House version of the FY’25 NDAA.  VOSB’s would have at least the same 5% goal currently allotted to Service-Disabled Veteran Owned Small Businesses (SDVOSB’s).  Most notably, however, Section 861 would necessarily increase DOD’s overall small business contracting goal beyond the governmentwide 23% level.  The administration has told agencies that they expect 13% of contract awards to be made to small, disadvantaged businesses.  When combined with existing 5% goals for SDVOSB’s and women-owned small businesses the 23% target is met.  Even if agencies award only 10% of contracts to small, disadvantaged businesses, the existing 3% goal for HUBZone contracting still adds up to at least Read more

DO YOU KNOW YOUR SAM FROM YOUR UEI FROM YOUR FSD?

It can be confusing to navigate the sea of acronyms required to even get started in government business.  Experienced contractors, too, have recently been caught up in the changes GSA has made as it carried out the Congressionally-mandated transition to Unique Entity ID’s (UEI’s) and away from DUN’s numbers.  In addition, several contractors have found out the hard way that a lapsed SAM.gov registration means that they can’t be awarded a contract for which they otherwise qualify.  With help from GSA, here is a handy guide to deciphering the acronym maze and how to find help if you get caught in the matrix.

  • govis the system that users go to conduct business with the federal government
  • gov (the Federal Service Desk)is the helpdesk for SAM.gov and the other IAE systems.  Although these systems are related, they are NOT the same and companies should NOT try to execute SAM requirements on FDS.
  • Obtaining a UEI is not the same as full SAM registration. A full entity registration allows your organization the opportunity to receive a contract or assistance directly from the federal government, not from another contractor or awardee.
  • What if my organization’s SAM.gov registration lapsed and no current employee is familiar with it? The knowledge article “How can I become the administrator for my non-federal entity registration?” outlines the necessary steps to ensure that an individual is able to access their entity record.
  • Where can companies go to find more information? gov is the repository for all SAM information and is accessible from the footer of all SAM.gov pages. Additionally, GSA maintains a blog to which users can subscribe in order to stay abreast of all upcoming training events and system changes.

This guidance should help contractors avoid pitfalls and registration delays.  Think of this as a GPS for government contracting.

WHY CONTRACTORS SHOULD ASSUME NOTHING THIS 4Th QUARTER

Welcome to the official start of federal busy season!  While this year’s final quarter should be packed with business opportunities, especially given the lateness of Congressional appropriations, contractors should take nothing for granted as they pursue business.  Don’t assume that your customer knows how to buy from you.  Substantial anecdotal evidence suggests that buyers have 1-2 preferred ways of doing business and if your solution doesn’t fit with those, they may need some help in executing an acquisition.  Contractors should also never assume that the project they’re working on is as important to the government customer as it is to them.  While priorities may match for large or high-profile acquisitions, companies Read more

SUPREME COURT LIMITS ADMINISTRATIVE REACH, WHAT IT MEANS TO CONTRACTORS

The Supreme Court issued two rulings last week, both of which will have a likely impact on government procurement rules.  In the first case, SEC v. Jarkesy, the Court ruled that a defendant subject to fines by federal agencies has a right to a jury trial, per the 7th amendment to the Constitution.  This has substantial implications for contractors subject to fines by the Department of Labor, OSHA, EPA, or other agencies.  Although the subject matter of the case was specifically about the Securities and Exchange Commission, many, including the three justices who voted in the minority, believe that the Court’s ruling could make it more difficult for the administrative state to perform its duties.  “The constitutionality of hundreds of statutes may now be in peril, and dozens of agencies could be stripped of their power to enforce laws enacted by Congress,” wrote justice Sonya Sotomayor.  as part of her dissent.  Read more