ALLEN FEDERAL BUSINESS PARTNERS

Just as contractors have issues on which they must focus right now so, too, does the General Services Administration.  The government’s leading central acquisition office faces hurdles to accomplishing its goals from both inside and outside its organization.  The first hurdle will be getting the OASIS+ contract up and running and free of time-consuming protests.  OASIS+ leaders have done an excellent job of communicating with industry, but no amount of “clarification” can ward off all protests.  Program leaders should already be working with the general counsel’s office to anticipate protest areas and prepare responses.  No one who supports sound government acquisition wants to see OASIS+ “dry up” over unceasing protests.  Another challenge for the agency will be resurrecting the small business IT POLARIS contract.  Remarkably, GSA has indicated that it does want to move forward on this front.  Being able to do so in a timely manner, and again anticipating protests up front, is essential if they are to finally be successful.  While the agency should take care to follow applicable procurement rules, the small business community should also keep in mind that POLARIS will not be for everyone and that there is ultimately no requirement that the agency stand up a small business IT vehicle.  As a former GSA acquisition policy official once said, “No one has a right to a government contract.”  Lastly, the agency also needs to stay focused on its primary acquisition mission.  Former Office of Federal Procurement Policy Administrator Steve Kelman recently wrote that his response to those who would try to use the government acquisition system as a way to address unrelated policy issues was always, “We should use the enormous buying power of the federal government to get a good deal for agencies and taxpayers.”  As Kelman states, acquisition professionals should resist the temptation to “advance agendas that ha(ve) nothing to do with procurement’s purpose to serve agency missions and taxpayers by providing good stuff at good prices.”  First, those attempts can overlap with the efforts of other agencies, as is the case with greenhouse gas emissions where the Securities and Exchange Commission is developing its own standard for publicly traded companies.  The standards may not be the same, causing some government contractors substantial confusion and an exercise in contortion to comply with both.  Second, adding a litany of government only requirements, especially for small businesses and commercial item contracts, reduces competition and adds costs to procurement that ultimately jeopardize the government’s ability to deliver good procurement solutions.  That, as Kelman infers, is a big enough task on its own.  While GSA may or may not be able to minimize the impact of outside hurdles on achieving its mission, the least the agency can do is stay out of its own way.

Contractors are drilled consistently on the need to be compliant with government acquisition rules.  With good reason, too.  Failure to follow the rules can result in fines, penalties, suspension or debarment, and a tarnished reputation.  Federal agencies aren’t always strict adherents to their own rules either, though.  This can be exceptionally frustrating for contractors that do pay attention.  Further, while companies may be able to protest or dispute questionable actions, doing so takes time and money.  Many companies are hesitant to make Read more

Few government professionals or contractors embrace Continuing Resolutions (CR’s) because they stifle new project starts, almost all would agree, though, that they’re better than nothing.  Nothing, however, is what may be on the horizon if members of the House Freedom Caucus withhold support from passing even a “clean” stopgap spending measure.  The Caucus stated last week that they will do just that, potentially leading to a partial government shutdown in early October.    While House Democrats may not want a shutdown, they may also, at least Read more

Civilian agency spending grew 53% from FY’18 to FY’22 according to a recent Bloomberg Government presentation.  Bloomberg expects increases to continue, despite Congressional budgetary pressure to reduce outlays.  While the top line number shows that there are good opportunities for contractors in the non-DOD federal market, not every agency is the best fit for each company.  A little market research is necessary to find the best matches based on what specific companies offer.  Of the five civilian agencies highlighted by Bloomberg, for example, Read more

The circumstances under which a small business can still be considered “small” despite growth are incredibly complex.  Contractors should not expect that government contracting officers will always know the answer in a specific situation.  It is critical, therefore, that the companies themselves be prepared to help clarify size determinations and know when they can still be called small and when they cannot.  New SBA rules state that a company that originally qualified as a small business at the time of the original award of a Multiple Award Read more