How is your relationship with the government going? Have you heard about the “transformational changes” that are being made to the GSA’s Federal Supply Schedules Program? And do you really know how many moons the Earth has?
Below is a round up of recently trending Federal Contracting issues you should know about.
Overly Restrictive Solicitations.Nexagen Networks of Aberdeen, Maryland, challenged the terms of a task order request issued by the Army for information technology services. Nexagen argued that the solicitation’s requirements for experience with Oracle Endeca Information Discovery (OEID) was unduly restrictive of competition and created bias in favor of the incumbent contractor. GAO denied the protest. From the decision:
“Moreover, to the extent Nexagen’s premise is that there is no equivalent software available, that alone would not demonstrate that the TOR’s requirement is unduly restrictive. Again, the issue is not whether the specification restricts competition, but whether the specification is reasonably necessary to meet the agency’s actual needs. Even where specifications are based on a particular product – or, as Nexagen alleges here, a particular firm’s capabilities or experience – we have found that this type of requirement is not improper in and of itself; nor will an assertion that a specification was “written around” features offered by a particular firm provide a sustainable basis for protest if the record establishes that the specification is reasonably related to the agency’s minimum needs”.
Gov Con Marketplace MusingsElvis lives. The theme song for incumbents this year is “Heartbreak Hotel”. I am seeing fewer incumbent wins as the government cares less about the relationship and more about the cost. I am also seeing agencies take single-award contracts and, instead of the usual recompete for the follow on contract, they are awarding the work as a task or delivery order off a multiple-award contract vehicle. (Side note – usually the one you are not on.) Multiple requirements are also being bundled into single winner-take-all order awards. What are you seeing in the marketplace? Share your thoughts and observations in the comments below.
VA PrivatizationVeterans Affairs privatization is moving along on several fronts. Sen. John McCain introduced a bill that will allow veterans to opt out of the VA healthcare system and use local healthcare providers. The VA Commission on Care is expected to issue a final report any day now. The draft report shifted health care to for veterans to more private providers. Most veterans groups oppose privatization.
Old News and the Creation of Mass Hysteria by Law, Accounting, and Consulting FirmsThe Supreme Court issued a decision on Escobar holding that the implied false certification theory can be a basis for liability under the False Claims Act (for government contractors) when a defendant submitting a claim makes specific representations about the goods or services provided, but it fails to disclose non-compliance with material statutory, regulatory, or contractual requirements that make those representations misleading with respect to those goods or services; and liability under the FCA for failing to disclose violations of legal requirements does not turn upon whether those requirements were expressly designated as conditions of payment. Key word is material.
Final Rule Released on GSA Transactional DataAccording to the U.S. General Services Administration (GSA) website, a final Transactional Data Reporting (TDR) rule will publish in the Federal Register on June 23, 2016. The rule “will reduce unnecessary burdens on contractors and small businesses and potentially save millions of dollars for the American taxpayer…and will be implemented through a pilot program across GSA contract vehicles.” It is seen as one of the most transformational changes to GSA’s Federal Supply Schedules Program in more than two decades.
A Trick QuestionUse this when you don’t want to pick up the check. How many moons orbit the earth? Answer: 1.5 moons. NASA has just located a mini moon in our orbit.
About the Author
Barbara Kinosky has more than twenty-five years of experience in all aspects of federal government contracting and is a nationally known expert on GSA and VA Schedules and the Service Contract Act. She has a proven track record of solving complex issues for clients by providing strategic and business savvy advice. Barbara was named a top attorney for federal contracting by Smart CEO magazine in 2010, 2012, and 2015.
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