Monthly Archives: February 2024

WHEN LOSING A PROTEST IS GOOD FOR YOUR BUSINESS

GSA Schedule contractors cannot quote prices higher than those on their Schedule contracts.  One company recently found this out the easy way when they tried to do just that, only to encounter a successful bid protest from a competitor. The GAO’s decision in Kauffman & Associates, Inc (https://www.gao.gov/products/b-421917.2,b-421917.3) provides an important reminder to Schedule contractors:  Quoting prices higher than your Schedule contract on a Schedule acquisition is a no-no.  GAO summed this up succinctly, stating “a vendor may not propose prices higher than their FSS prices, as the higher prices have not been determined to be fair and reasonable by the General Services Administration (GSA) and are therefore not FSS Read more

INDUSTRY SHOULD TAKE THE LEAD IN ENGAGING DOD & DHS ON WHAT REALLY MATTERS – NATIONAL SECURITY

The government acquisition system is just one part of government that is distracted by side-shows that have little to do with efficient government, except for making it more burdensome and costly for both government and industry to do business.  International tensions build in the meantime, with China, Russia, and Iran all presenting real or potential challenges to the world order we enjoy today.  It is time for a cold dose of reality on what under-prepared DOD and DHS acquisition systems means for ensuring a proper national security capability.  Industry leaders with substantial experience and relationships are particularly well-suited for this work.  They can speak with the authority and knowledge that comes from working closely Read more

NEW RULE WILL INCREASE THE NUMBER OF AGENCIES THAT CAN ACCESS YOUR SYSTEMS

DHS’s Cybersecurity and Infrastructure Security Agency and the FBI will have complete access to a contractor’s information systems and personnel when responding to a cyber incident per a FAR rule now under development.  The rule, originally issued in “proposed” status, is based on a May 2021 Executive Order and is intended to implement improvements to the nation’s cybersecurity posture, as well as to implement contracting directives outlined in the National Cyber Strategy released last year.  While there is already a substantial list of government agencies who can come knocking on your door to examine contract-related business, industry groups are nevertheless pushing back on this proposal.  The Chamber of Commerce said in its Read more

TAKE SOME TIME TO SAY “THANKS” TO THE FEDS WHO MAKE A DIFFERENCE

Although negative news rules most of the headlines in both the national and government contract media, there are good things that happen everyday in government commercial acquisition.  The 30-year-old Fed100 awards, now sponsored by NextGov, highlight leaders from government and industry who have achieved success in moving federal IT, and often federal IT acquisition, forward.  The publication of this year’s list of awardees showcases this and provides all who work in this industry with an opportunity to stop and say “thank you” to those who have worked to make government work better.  Significantly, five of the Fed100 come from the General Services Administration, with four from the Federal Acquisition Service Read more

PROGRESS ON FY’24 APPROPRIATIONS INCHES FORWARD

Each of the separate 12 Congressional FY’24 appropriations bills now has a top-line spending number, enabling subcommittees to allocate resources for specific programs.  This move was necessary for final work to be done on setting FY’24 appropriations levels and is good news for those hoping that Congress will meet, or at least come close, to its early March deadline for passing all spending measures.  First up are those agencies that need bills passed by March 1st.  Of those, Commerce, State, and Justice are expected to see spending cuts from FY’23 levels, while Military Construction and Energy and Water appropriators have said that they can “live Read more