Monthly Archives: February 2023

GSA DOES A LOT MORE THAN ACQUISITION THESE DAYS: WHAT IT MEANS FOR CONTRACTORS

A project by an agency that launches an AI challenge to deliver better healthcare outcomes may sound like something that would come from the VA or HHS, but, in reality, it’s a GSA program launched earlier this month.  Similarly, ask someone what agency hosts a federal “workplace innovation lab” and they’d probably say OPM.  The Department of Energy may be thought of as taking the lead on a host of zero carbon or greenhouse gas policies, but, again, that’s GSA.  The scope of GSA actions is certainly ambitious, but that ambition can cut both ways for contractors.  While new initiatives may provide business opportunities for companies involved in AI, for example, the focus away from core real estate management and acquisition operations may mean a distracted leadership that has little time to work on such matters.  The AI initiative is being managed by GSA’s Technology Transformation Services (TTS), the pet operation of GSA Administrator Robin Carnahan.  The project is just one example of Carnahan using TTS to advance projects she believes to be important that may have little to do with Read more

GSA IG REPORT ON PERFORMANCE-BASED CONTRACTS HIGHLIGHTS DISCONNECT BETWEEN POLICY AND IMPLEMENTATION

A new GSA Office of the Inspector General report reviewing the agency’s oversight of performance-based contracts found:

“…while the Federal Acquisition Service has established an internal policy intended to improve contract administration, the policy’s effectiveness could not be determined because Federal Acquisition Service contracting personnel were not complying with the policy.”

This statement could actually have been written about a variety of GSA policies.  It points up a larger problem that GSA contractors face every day:  the disconnect between what a policy says and how it is actually implemented.  Anecdotal evidence supports the IG’s performance- Read more

FALSE CLAIMS ACT, WHISTLEBLOWER CASES RISE

Over 1,000 False Claims Act and whistleblower (known as qui tam) cases were resolved in FY’22, the second-highest number of FCA cases ever and a substantial increase in qui tam actions.  Although total monetary recoveries dipped to $2.2 billion, it’s clear that contractors need to take compliance seriously.  The 652 qui tam resolutions should perhaps be the biggest flag for contractors.  These are suits often filed by disgruntled current or former employees, competitors, or even someone just looking to make a fast buck.  Regardless of whether any Read more

DO YOU “PLAN TO ACT” OR “ACT TO PLAN”?

One of the major criticisms government customers have about contractors is that they tend to be way too reactive.  While contractors may take that with some justifiable irony from a customer that is typically risk-averse, the basic point is a good one.  Way too often companies, especially larger ones, get so caught up in the preparation process that they miss the opportunity for action.  A former boss of ours called this “the great overthink” or “preparing to prepare”.  While there is certainly a benefit to conducting necessary research and meeting Read more

WHAT “INNOVATION”, “BUSINESS CYCLE”, & “PARTNERSHIP” REALLY MEAN IN GOVERNMENT CONTRACTING

One of the many famous lines from the movie “The Princess Bride” is “You keep using that word. I do not think it means what you think it means.”  Just as with the movie characters, contractors need to remind themselves that words do not always have the same meaning in the government market as they do elsewhere.  “Innovation” is one such word.  Innovation gets a lot of promotion in federal agencies.  People talk about innovative solutions and innovative acquisition methods quite a bit.  To be fair, there are some real pockets of both types of innovation in government.  For the most part, though, contractors need to remember that Read more