This column was initially revealed on Roger Waldron’s weblog at The Coalition for Authorities Procurement and was republished right here with permission from the writer.
Halloween is upon us, bringing an assortment of ghouls, goblins, and monsters to our entrance doorways, for considered one of my favourite vacation celebrations. Though, sadly, my youngsters have outgrown the Halloween custom of dressing-up, I nonetheless benefit from the air of spookiness, the scary legends, and, sure, the assortment of leftover, deliberately over-purchased candies, which might be a part of Halloween. Within the spirit of this autumn custom, the Coalition has compiled quite a lot of procurement sweets for its trick-or-treaters.
- 1 Trick or Treat: DoD’s JEDI Cloud Solicitation
- 2 Trick or Treat: The Unpriced Schedule
- 3 Trick or Treat: Medical/Surgical Prime Vendor Program
- 4 Trick or Treat: GSA’s On-Ramping Effort for the OASIS Program
- 5 Trick or Treat: Order Degree Supplies
- 6 Trick or Treat: The FedMall Program and Efforts to Improve the System
- 7 Trick or Treat: The Coalition’s New Cyber & Provide Chain Committee
Trick or Treat: DoD’s JEDI Cloud Solicitation
Earlier this yr, this weblog raised questions and considerations relating to the potential influence of the Division of Protection’s (DoD) single-award strategy to the Joint Enterprise Protection Initiative (JEDI) cloud contract on its lengthy-time period entry to competitors and innovation from the business market.
In mild of the current bid protest filings, it’s fascinating to notice that, in its FAR-mandated Justification and Approval (J&A) doc supporting a single award IDIQ, DoD didn’t concentrate on technical arguments that might justify its single-award technique. Slightly, it based mostly its rationale merely on the contract sort for use.
Additional, this week, Reps. Steve Womack (R-Ark.) and Tom Cole (R-La.), senior Republicans on the Home Appropriations Committee, wrote to the DoD Inspector Common (IG) expressing considerations with how DoD developed the JEDI contracting car. After noting that, “The Department has not provided any adequate explanation as to why they continue to insist on a contract structure that has been widely criticized by Congress and industry,” the lawmakers requested that the DoD IG present an evidence relating to how the division went about creating the ultimate JEDI solicitation’s necessities, in addition to why these necessities have been decided as worthy of inclusion.
Trick or Treat: The Unpriced Schedule
Pursuant to Part 876 of the John S. McCain Nationwide Protection Authorization Act for Fiscal Yr 2019, company heads have the discretionary authority to not embrace worth or value as an analysis criterion when awarding providers contracts which might be acquired at an hourly fee. Successfully, the laws establishes a so-referred to as “unpriced” Schedules contract, an idea that has lengthy been supported by the Coalition, as it’s going to radically reform the present pricing technique, scale back burdensome oversight mechanisms that improve prices, improve competitors by offering wanted flexibility, and reduce limitations to entry into the marketplace.
Presently, the Federal Acquisition Regulation (FAR) Council is looking for suggestions on a proposed rule that might permit DoD, the Coast Guard, and the Nationwide Aeronautics and Area Administration (NASA) to award a number of-award process order contracts for providers with out contemplating worth or value as an analysis issue. Underneath the proposed rule, nevertheless, the federal government would nonetheless be required to think about worth or value when awarding activity orders on a contract. The Coalition will probably be commenting on the proposed rule, and we ask that members submit any suggestions they could need to SNulty@thecgp.org by Friday, Nov. 2.
Trick or Treat: Medical/Surgical Prime Vendor Program
Earlier this month, the Courtroom of Federal Claims (COFC) filed its determination in, Electra-Med Company, et al., v. U.S. and American Medical Depot, et al. By means of background, the case centered on a protest filed in response to the Veterans Affairs Division’s (VA) Medical/Surgical Prime Vendor (MSPV) program’s determination to switch its 4 “prime vendor” contracts. Notably, though the COFC agreed with the plaintiffs on the deserves of their protest, the courtroom didn’t grant an injunction, because it believes that by so doing, it will endanger veterans’ healthcare and improve prices to the federal government.
The COFC’s choice maintains the established order for the MSPV program, offering a component of continuity in this system by means of 2019 (notice: there’s nonetheless a window for an attraction of the choice to be filed). The choice, nevertheless, underscores the very important significance of continued conversations between the VA and business relating to the way forward for the prime vendor program. The Coalition and all its members stay dedicated to working with the VA to help an environment friendly and efficient, subsequent era MSPV program.
Trick or Treat: GSA’s On-Ramping Effort for the OASIS Program
Final week, GSA introduced an up to date schedule for its on-ramping efforts related to its One Acquisition Answer for Built-in Providers (OASIS) car. In response to GSA, these efforts will be sure that the OASIS program is nicely-positioned to proceed delivering greatest-worth mission help to satisfy its buyer company wants by infusing new small, medium, and enormous enterprise contractors into the OASIS Small Enterprise (SB) and OASIS Unrestricted (U) options.
Since OASIS’ inception in 2014, the market has endorsed OASIS as a core, greatest worth skilled providers contract administration program. Businesses have obligated greater than $9.7 billion utilizing OASIS, which has an estimated complete worth of just about $21 billion. Final yr, spending on OASIS grew by greater than 61 %, and the market just isn’t slowing down. Considerably, as of this previous August, greater than 48 % of obligations ($four.7 billion) have gone to small companies. This quantity is spectacular and, when mixed with the 36 % of obligations on PSS and 27 % of obligations on the Alliant GWAC that went to small companies in fiscal yr 2017, demonstrates the depth of high quality small companies on OASIS and throughout the FAS skilled providers portfolio.
Trick or Treat: Order Degree Supplies
After releasing a recreation-altering remaining rule in January, GSA started incorporating Order Degree Supplies (OLMs) into the Schedules program over this previous summer time via mass modifications to a subset of Schedules. This week, GSA introduced that will probably be issuing a refresh for all GSA Schedule solicitations in November clarifying that, when utilizing the OLM authority underneath a Blanket Buy Settlement (BPA), the 33 % threshold applies towards the cumulative worth of the BPA.
As lots of you recognize, the Coalition has been a longstanding advocate for the inclusion of OLMs into the Schedules program. OLMs present a unbelievable alternative for GSA to streamline its Schedules program, thereby decreasing incentives for businesses to determine duplicative contracts and minimizing burdens for presidency and business. Furthermore, OLMs present elevated contract flexibility to satisfy buyer company wants for built-in, business options.
Recognizing these many advantages, GSA ought to instantly increase its software of the OLM rule into Schedule contracts on a program-extensive foundation this fiscal yr. There isn’t any coverage or enterprise crucial that might be served by limiting the applicability of the brand new rule to a subset of Schedules. Certainly, this limitation solely enhances the potential for misunderstanding, and it reduces the potential constructive impression for your complete Schedules program.
Trick or Treat: The FedMall Program and Efforts to Improve the System
On the request of the Protection Logistics Company (DLA), earlier this yr, the Coalition carried out a survey of greater than 700 FedMall suppliers to determine potential enhancements for the FedMall System. The Coalition delivered its remaining report back to DLA in August, which offered this system with suggestions relating to wanted system performance enhancements to allow suppliers to ship merchandise to federal clients effectively and successfully.
Because the provider consultant for each the FedMall Operational Necessities Committee (ORC) and the FedMall Government Configuration Management Board (ECCB), I look ahead to persevering with the dialogue between business and the FedMall program workplace to enhance the FedMall system for all stakeholders. Certainly, in lower than two weeks, I shall be moderating the FedMall Enterprise Intelligence Session in the course of the Coalition’s Fall Coaching Convention. The session will function visitor audio system, Adarryl Roberts, program supervisor, DLA; and Kathleen Lemming, senior procurement analyst, Protection, Pricing, and Contracting (DPC); who will reply questions and handle attendees’ considerations. To register for the Convention, click on right here.
Trick or Treat: The Coalition’s New Cyber & Provide Chain Committee
As cyber and provide chain points proceed to evolve, the necessity for higher collaboration between authorities and business on issues of cyber and provide chain safety, particularly within the acquisition context, is more and more obvious. To that finish, the Coalition is happy to announce the launch of a brand new Cyber & Provide Chain Committee, which can present a discussion board for collaborative dialogue between authorities leaders and business stakeholders.
As we launch this new Committee, the Coalition invitations members to attend our upcoming webinar, titled, Federal Cybersecurity Necessities: Staying Forward in a Constantly Evolving Compliance Surroundings, on Tuesday, Oct. 30, at 12 p.m. ET. Members who’re can register for the webinar right here.
These are a number of the tips or treats so that you can take pleasure in this Halloween, and I want to prolong my greatest needs for a protected and joyful Halloween to all!
Roger Waldron is the president of the Coalition for Authorities Procurement, and host of Off the Shelf on Federal News Radio.