On March 11, the American Relief Plan of 2021 was signed by the President. Among the provisions in the $1.9 trillion COVID-19 relief plan, is an extension for Section 3610 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Section 3610 allows the Government to reimburse contractors for paid leave if contractors are unable to work, but should be kept in a ready state. Section 3610 is now extended through September 30, 2021.
On January 20, the Biden Administration announced senior leadership picks for the General Services Administration (GSA). Katy Kale was appointed to the post of Deputy Administrator, and will serve as the acting head of GSA until an Administrator is appointed and confirmed by the Senate. Sonny Hashmi has been selected to serve as Commissioner of the Federal Acquisition Service (FAS). Read more here.
The Biden Administration announced several people who will serve in acting positions in the Department of Veterans Affairs (VA) until Biden’s appointees are confirmed and sworn in. Dat Tran will serve as Acting VA Secretary. Denis McDonough has received the nomination for VA Secretary and is awaiting Senate confirmation. Read more here.
The Coalition submitted comments on the Interim Rule in the Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements. Click here to read the comments.
DoD received a waiver under Section 889 (d)(2) allowing the Department to continue to execute procurement actions for specific Product Service Codes (PSC) deemed to be of low risk potential but are necessary to execute the Defense Department’s mission. The DoD’s temporary waiver has been extended to September 30, 2022, per a DNI memo dated September 29.
On September 16, the Coalition testified before the House Committee on Veterans Affairs Subcommittee on Oversight and Investigations on “Modernizing the VA Supply Chain: Lessons from the Pandemic.” View Coalition President Roger Waldron’s oral statement here and the written statement submitted for the record here.
On August 12, the Department of Defense was granted a temporary waiver of Section 889 of the FY19 NDAA. The waiver is through September 30, 2020 and was provided by the Director of National Intelligence. Read more here.
On August 6, President Trump signed an Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States. The order addresses U.S. reliance on medicines sourced through China and urges domestic production of “essential medicines.”
Upcoming Events & Meetings
- April 22 – Webinar: Procurement Collusion Strike Force (PCSF): How You Can Reduce Your Antitrust Risk
With a 10% budget increase for FY2021 and proposed legislation that would increase the Antitrust Division’s budget by $300 million, antitrust criminal enforcement is poised to accelerate. The Coalition is pleased to host an upcoming webinar on April 22 titled Procurement Collusion Strike Force (PCSF): How You Can Reduce Your Antitrust Risk. Our presenter will be recent DOJ Antitrust Division prosecutor and original member of the PCSF, Justin P. Murphy, who is currently a Partner at McDermott Will & Emery LLP.
Historically, cartel enforcement has increased following economic downturns and substantial federal stimulus packages. For example, after the 2008 financial crash and the 2009 Recovery Act, DOJ filed 60% more criminal cases than in prior years. We expect this trend to continue in the wake of the unprecedented government stimulus packages passed in 2020 and 2021. Beyond the increased resources, the Antitrust Division has stepped up their criminal enforcement program with the creation of the Procurement Collusion Strike Force (PCSF), the expansion of criminal prosecutions into labor markets, and new potential benefits for corporate entities with compliance programs addressing antitrust violations.
In this webinar, Justin will be addressing the following topics:
- Criminal antitrust violations, including case examples of price fixing, bid rigging, market/customer allocation, and recent investigations and prosecutions into labor markets;
- The expected industry focus of the Biden Administration;
- The PCSF and “red flags of collusion”;
- The Antitrust Division’s new Corporate Compliance Guidance which for the first time permits credit for compliance programs at the charging recommendation stage and could result in a non-prosecution or deferred prosecution agreement; and
- What companies can do to reduce their antitrust risk.
Click here to register.
- May 19-20 – Virtual Spring Training Conference
The Coalition is pleased to announce that registration is officially open for our 2021 Spring Training Conference – The Biden Administration’s Priorities and the Role of Acquisition. The virtual training conference will be held on May 19-20, 2021. Similar to our 2020 virtual Fall Training Conference, the Spring event will combine sessions from our general conference and our healthcare forum with only one registration necessary to attend.
As indicated by the title, this year’s conference offers multiple sessions that cover four of the Biden Administration’s top priorities, including the COVID-19 response, Sustainability, Made in America and Domestic Sourcing, and increased opportunities for Small Businesses to stimulate the economy. Popular sessions from past conferences will also make a return, including both the Legal and the “Healthcare Legal” panels. We are excited to confirm that the conference will feature a “one-on-one” discussion with the General Services Administration (GSA) Federal Acquisition Service (FAS) Commissioner Sonny Hashmi, moderated by Federal News Network’s Executive Editor Jason Miller.
We have invited speakers from GSA, the Department of Defense (DoD), the Department of Human and Health Services (HHS), the Department of Veterans Affairs (VA), the Government Accountability Office (GAO), the National Aeronautics and Space Administration (NASA), the Office of Management and Budget (OMB), and the Small Business Administration (SBA) to participate in the conference. Procurement programs and initiatives like GSA’s BIC MAC, the partnership between the VA and the Defense Logistics Agency, IT Modernization and Cybersecurity requirements for all contractors will also be on the agenda.
Click here to register.
- TBD – Webinar: CIO-SP4: Is Your Business Equipped to Compete?
Key takeaways include:
- Key requirements and differences from the draft RFP;
- CTAs under CIO-SP4;
- Past performance use for teams, subs, and JVs;
- Off-ramp provisions restricting growth of M&A activity;
- and Moving from a CIO-SP4 small to a large CIO-SP4 and back again.
Register Now: 2021 Spring Training Conference – The Biden Administration’s Priorities and the Role of Acquisition
The Coalition is pleased to announce that registration is officially open for our 2021 Spring Training Conference – The Biden Administration’s Priorities and the Role of Acquisition. The virtual...
As previous blogs have noted, the OASIS program is a strategic acquisition asset for GSA’s customers, including the Department of Defense (DoD). Over the last five and a half years, the OASIS...
In anticipation of its May release of an RFI for the follow-on to the OASIS services contract, yesterday, GSA held a BIC MAC industry day. At the outset, we applaud GSA for reaching out to industry...