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Friday Flash 02/16/2024

FAR& Beyond: Join our 2024 MAS Basic Training and GSA and VA Schedule Contract Training for In-House Counsel Courses!

The Coalition has hit the ground running in 2024 with a multitude of webinars, trainings, and committee meetings, but perhaps none excite us more than bringing back our MAS Basic Training: The Nuts & Bolts and our GSA and VA Schedule Contracting Training for In-House Counsel courses. We are proud to refresh and relaunch these courses at the end of February following a brief pause during COVID-19. This year members will also be able to attend virtually for the first time ever.

On February 27, at Miller & Chevalier Chartered in Washington, DC, we will hold our MAS Basic Training: The Nuts & Bolts – an intensive, one-day training workshop that teaches the basics of the General Services Administration (GSA) Multiple Award Schedule (MAS) program. Topics covered during the training will include:

  • The GSA Schedules Program: An Entry Point to Government Contracting 
  • Obtaining Your GSA Schedule or Schedule Modification, along with Option Extensions
  • Navigating the Price Negotiation Process
  • Better Understanding of Management and Compliance of the Price Reduction Clause
  • Schedule e-Tools: Tips on Competing and Winning Through the GSA Schedule Program
  • The Keys to Understanding the Task Order Competition
  • Audits – How to Prepare and What They Mean in the Current Market
  • Ethics and Schedule Business – How to and How Not to Conduct Federal Business
  • Small Business Issues and Considerations

We are thrilled to have numerous subject matters experts as instructors for this course, including-

You can register to attend our MAS Basic Training: The Nuts & Bolts in person (recommended!) or virtually HERE.

On February 28, again at Miller & Chevalier Chartered, we will hold our GSA and VA Schedule Contracting Training for In-House Counsel course. This course is designed for lawyers and contract managers with significant contract management and compliance responsibilities with GSA and/or VA Schedule contracts. Our subject matter experts and presenters for the day will be- 

During the training, Jason, Lorraine, and Addie will cover the following topics and more:

  • Pricing – Transactional Data Reporting (TDR)/Commercial Sales Practices (CSP)
  • Domestic Preferences
  • Supply Chain
  • Enforcement/Mandatory Disclosure/Ethics
  • Sustainability Requirements/Policy
  • Bid Protests Update

After successfully completing this course, you will receive 6 CLE credits, while also gaining an understanding of GSA/VA’s most favored customer pricing policy and major requirements of the government solicitation, current audit/oversight procedures, current GSA Schedule Price Negotiation Priorities; and how the GSA/VA Schedule can impact your company’s bottom line.  Additionally, you will be able to advise your in-house clients regarding topics such as disclosure of company records, establishing management and compliance processes, establishing ethics programs and mandatory disclosure, avoiding penalties, and identifying resources to assist with continuing legal support of your internal GSA/VA Schedule programs.

We highly recommend you attend this course if you have significant Schedule contracting experience or are a contract attorney. If you serve as in-house counsel for current GSA/VA Schedule contractors and/or companies considering becoming a GSA/VA Schedule contractor, advise clients with GSA/VA Schedule contracts, are contract managers with MAS experience, or compliance personnel, you can benefit from this advanced course.

Register to attend our GSA and VA Schedule Contracting Training for In-House Counsel in person (recommended!) or virtually HERE.

We hope you are as enthusiastic as we are about once again offering these two critical courses for members. If you have any questions or need assistance with registrations, please contact Matt Cahill, Vice President of Membership and Marketing, at mcahill@thecgp.org or 202-315-1054.  We look forward to your participation!

NITAAC to Extend CIO-SP3 by Additional Six Months  

Federal News Network reports that the National Institutes of Health IT Acquisition and Assessment Center (NITAAC) is seeking to extend the current expiration date of its CIO-SP3 contract vehicle by six months. CIO-SP3 is currently set to expire on April 29, 2024. According to NITAAC Director Brian Goodger, the plan is to keep the contract open through October 29 with the option for an additional six months if necessary. Goodger cited the reason for the extension as protests impacting the next iteration of the vehicle, CIO-SP4. CIO-SP4 is currently facing six new protests which may take up to a year to resolve. These six protests have brought the total number of complaints to more than 350. The new protests came after NITAAC began sending Phase One notices of successful and unsuccessful offerors in January.  

In addition, Goodger stated that NITAAC has begun work on the follow-on for its CIO-CS vehicle, noting a name change from “CIO Commodities and Solutions” to “CIO Commodities Store.” CIO-CS was awarded to 65 companies in 2015, and NITAAC anticipates that the number of awards for the follow-on will grow by at least 30 percent. NITAAC plans to issue a sources sought notice for the follow-on in late March 2024, and a final solicitation in the summer. Final awards would then be issued in January 2025. 

GAO Dismisses Protests for GSA’s Polaris Vehicle 

Washington Technology reports that after the Government Accountability Office (GAO) dismissed two protests on February 5, the General Services Administration (GSA) can move forward with making awards for its Polaris contract vehicle. Polaris, the replacement for the Alliant 2 Small Business contract, features pools focused around different small business categories and will be used by agencies to purchase IT services and solutions. The solicitation for Polaris was released in early 2021 and faced several pre-award protests focused on its self-scoring methodology and points for past experience.  

In May 2022, the Court of Federal Claims ordered GSA to amend the solicitation and allow offerors to resubmit proposals. Before the new proposal deadline in November 2023, two additional protests were filed with GAO, which were later dismissed on February 5 of this year. GAO’s decision allows for GSA to make awards, however, it does not guarantee that additional protests will not be filed. 

GSA and DoD to Purchase Record-Setting Amount of Carbon-Free Power 

GSA announced last Friday, February 9, that it is collaborating with the Department of Defense (DoD) on a search for suppliers to provide Federal facilities with 100 percent carbon pollution-free electricity by 2030. The joint request for information, which is accepting responses through March 18, is targeted at contractors throughout the mid-Atlantic and Midwest where PJM Interconnection is the regional transmission operator. GSA and DoD anticipate purchasing 2.7 million megawatt hours annually through the eventual solicitation, which would amount to approximately five percent of the government’s fiscal year 2022 electricity consumption. GSA plans to host an industry day in conjunction with the RFI on February 20 in Washington, DC. 

“The Federal Government is a steady customer prepared to make long-term investments. This procurement will mark a key milestone as we continue to incentivize more production and delivery of clean energy,” said GSA Administrator Robin Carnahan, who also emphasized the role of the government’s buying power in supporting demand for carbon-free electricity. Per the current Federal Sustainability Plan, the Federal Government hopes to achieve 100 percent carbon pollution-free electricity by 2030 across all Federal facilities.  

Biden Administration Announces AI Safety Consortium Members 

Meritalk reports that on February 9, the Biden Administration unveiled the members of its anticipated U.S. AI Safety Institute Consortium (AISIC). The announcement, made by U.S. Secretary of Commerce Gina Raimondo, highlighted the ways in which the new consortium will contribute to achieving the goals of the President’s AI executive order (EO). The AISIC will develop guidelines for “red-teaming, capability evaluations, risk management, safety and security, and watermarking synthetic content,” and will be housed within the U.S. AI Safety Institute. The consortium is made up of over 200 organizations, including tech companies, startups, academia, state and local governments, and non-profits. According to the announcement, “the consortium represents the largest collection of test and evaluation teams established to date and will focus on establishing the foundations for a new measurement science in AI safety.” The full membership list can be found here.  

Secretary Raimondo stated that “through President Biden’s landmark EO, we will ensure America is at the front of the pack – and by working with this group of leaders from industry, civil society, and academia, together we can confront these challenges to develop the measurements and standards we need to maintain America’s competitive edge and develop AI responsibly.” 

Sponsor the 2024 Spring Training Conference!  
    
The Coalition’s Spring Training Conference is quickly approaching! This year, it will take place on May 8-9 at the Fairview Marriott in Falls Church, VA. We are excited to share that a number of sponsorship opportunities for the conference are still available. View our Sponsorship Prospectus below to see the Premier and Auxiliary sponsorship packages available for your organization, offering great benefits to further boost your company’s exposure! Secure your sponsorship now and showcase your organization’s brand while demonstrating your support for the Coalition!   

We would like to thank our current sponsors:  

To view the 2024 Sponsorship Prospectus, click here.   

All sponsorship opportunities will be offered on a first-come-first-serve basis. If you have any questions, or are ready to secure your sponsorship, contact Heather Tarpley at htarpley@thecgp.org or 202-315-1055.   

We look forward to seeing you at the Spring Training Conference and appreciate your continued support of the Coalition! 

GSA and OMB Update Technology Modernization Fund Repayment Policy  

According to Fedscoop, GSA and the Office of Management and Budget (OMB) have updated the repayment policy for Federal agencies seeking financial assistance from the Technology Modernization Fund (TMF). In an email obtained by Fedscoop, GSA shared major updates to the TMF repayment policy, including a “consistent repayment floor with a minimum of 50 percent repayment” that only allows for “rare exceptions” decided by the GSA Administrator and OMB Director. Repayment requirements were previously relaxed to support the American Rescue Plan (ARP) funds given to the TMF to “address urgent IT modernization challenges, bolster cybersecurity defenses and improve delivery of COVID-19 relief.” According to the email, the update is meant to ensure the financial health of TMF as the Board allocates the remaining ARP funds and for “years to come.” The update affects all proposals submitted after February 6, 2024.  

These changes align with the Modernizing Government Technology Reform Act of 2023, introduced by House Oversight and Accountability Committee members Nancy Mace (R-SC) and Jerry Connolly (D-VA) in September 2023. This bill would require that agencies “adhere to the intent of the original bill that created the TMF in 2017,” and also hold them accountable for “any funds issued to be repaid or reimbursed to maintain solvency and ensure sustainability.” In addition, the bill would extend the TMF to 2030.  

A spokesperson from the House Oversight and Accountability Committee stated that “due to the House Oversight Committee’s oversight and proposed legislation, the TMF has made structural changes that will limit wasteful spending, enhance efficiency and chart a path for a more successful and optimized future.”  

CISA Sets 2024 Priorities for Joint Cyber Defense Collaborative  

On February 12, the Cybersecurity and Infrastructure Security Agency (CISA) announced the 2024 priorities for its Joint Cyber Defense Collaborative (JCDC). JCDC was established over two years ago to “drive unified efforts across public and private partners to achieve the most important cybersecurity outcomes.” Annually, JCDC partner organizations help CISA identify collective priorities for the coming year. 

JCDC’s 2024 priorities center on three focus areas: 

  • Defend against advanced persistent threat (APT) operations; 
  • Raise the cybersecurity baseline; and 
  • Anticipate emerging technology and risks.  

Under each focus area, JCDC has identified specific actions for the government to take. For example, to defend against APT operations, JCDC aims to discover and fight against malicious abuse targeting U.S.-based infrastructure, and finalize the National Cyber Incident Response plan. To raise the cybersecurity baseline, JCDC plans to assist with state and local election security, significantly reduce the impact of ransomware on critical infrastructure, and make measurable progress towards a world where technology is secure by design. Finally, in anticipating emerging technology and risks, JCDC referenced the need to work in coordination with CISA’s Roadmap for Artificial Intelligence, as it looks to reduce the likelihood and impact of AI-related threats to critical infrastructure. 

Thank you to GSA’s Office of IT Category for the Industry Dialogue  

On Monday, February 12, the Coalition’s IT/Services Committee hosted a members-only meeting with Cheryl Thornton-Cameron, Acquisition Operations Director at GSA’s Office of Information Technology Category (OITC), Kim Garcia, OITC Deputy Assistant Commissioner of Acquisition, and Marquita Washington, Director of GSA’s Governance Division. During the briefing, they answered member questions on labor categories, economic price adjustments, TDR, joint ventures and other topics. The Coalition sincerely thanks Cheryl, Kim, and Marquita for their commitment to an open dialogue and spirit of partnership with industry. We also thank GDIT for graciously hosting the industry meeting.

The Legal Corner provides the procurement community with an opportunity to share insights and comments on relevant legal issues of the day. The comments herein do not necessarily reflect the views of The Coalition for Government Procurement.

Authored by Howard W. Waltzman, Stephen Lilley, Evan C. Williams, and Mickey Liebner; Mayer Brown

Bipartisan, bicameral legislation in the US Congress would mandate the use of the National Institute of Standards and Technology’s (“NIST”) Artificial Intelligence Risk Management Framework (“Framework”) by federal agencies. H.R. 6936, the Federal Artificial Intelligence Risk Management Act of 2024, was introduced in the House earlier this month by Representatives Ted Lieu (D-CA-36), Zachary Nunn (R-IA-3), Donald Beyer (D-VA-08), and Marcus Molinaro (R-NY-19). Companion legislation, S. 3205, was introduced in the US Senate late last year by Senators Jerry Moran (R-KS) and Mark Warner (D-VA).

Legislative Language

Within one year of enactment, the bills would require the NIST Director to issue guidance for federal agencies to incorporate the Framework into their artificial intelligence risk management efforts. Of note, the bills would require the NIST guidance to include standards by which a supplier would have to attest compliance in order to be eligible for a federal artificial intelligence contract award. Within six months, the Office of Management and Budget would have to require the implementation of the Framework by federal agencies.

Under the bills, “artificial intelligence” is defined as:

… a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to-

(A) perceive real and virtual environments;

(B) abstract such perceptions into models through analysis in an automated manner; and

(C) use model inference to formulate options for information or action.

Impacts on Federal Vendors

Importantly, the bills would require vendors to federal agencies to adhere to the Framework. Specifically, the Administrator of Federal Procurement Policy would be required to issue draft contract language to federal agencies for use in procurement with suppliers of artificial intelligence. This language would require suppliers to adhere to specified actions that are “consistent with the Framework” (although the bills do not specify what these actions will be) and provide “appropriate access to data, models, and parameters…to enable sufficient test and evaluation, verification, and validation.”

Additionally, within a year of enactment, the Federal Acquisition Regulatory (“FAR”) Council would be required to issue regulations establishing requirements for the acquisition of artificial intelligence products, services, tools, and systems. Within this timeframe, the FAR Council would also be required to issue regulations creating standard solicitation provisions and contract clauses applicable to artificial intelligence acquisitions. These regulations would provide for risk-based compliance with the Framework.

Considerations for the Private Sector

The Framework, which was issued in January 2023, provides a set of voluntary best practices to the private sector for the development and use of artificial intelligence systems. It provides guidelines to identify risk stemming from artificial intelligence activities, as well as suggested processes to assess and manage that risk.

If enacted, the legislation would mark a significant shift by requiring the use of aspects of the Framework by private sector vendors to the federal government. Should the bills become law, federal vendors in the artificial intelligence space will need to rapidly develop adequate policies and procedures to ensure compliance with the Framework. A failure to do so could render the vendor ineligible to receive artificial intelligence-related contract awards. Private sector parties should pay close attention to any action on the bills by either the House of Representatives or the Senate. As evidenced by the bipartisan nature of the legislation in both chambers, congressional support exists for implementing artificial intelligence requirements on the private sector, and these bills may provide the basis to do so.

Healthcare Spotlight: GAO’s Assessment of How the VA Spent $36B in Emergency Funding During COVID-19 

On February 8, the Government Accountability Office (GAO) published a report on how the Department of Veterans Affairs (VA) spent approximately $36.7 billion in supplemental funding it received to address the COVID-19 pandemic. The statutorily required study found that as of September 30, 2023, the VA had obligated roughly 98.6 percent of the supplemental funding, with the vast majority going to the Veterans Health Administration (VHA), the agency responsible for the VA’s hospital system and outpatient care. GAO provided a further breakdown of how $16.9 billion in funding from the American Rescue Plan Act (ARPA) was used by the VA, one of three COVID-era laws that provided supplemental funding. VA appropriated 84.5 percent ($14.2 billion) of its total ARPA funding to VHA. 

VHA used 73.8 percent of its ARPA funding to support healthcare delivery, about one-third of which was spent supporting the Community Care Network. ARPA funding also supported non-recurring maintenance (10.8 percent), COVID-19-related information technology efforts (9.9 percent), high-cost medical equipment (0.5 percent), and other activities like research and homeless programs (4.9 percent).  

The Veterans Benefit Administration (VBA) was another major recipient of ARPA funding. The VBA used the majority (53.9 percent) of its funds to help retrain veterans who lost their jobs during the pandemic. The remaining funds were split between efforts to digitize veteran records and to clear an ongoing backlog in disability claims, due in part to the COVID-19 pandemic.  

View from Main Street: Size Recertification Confusion

Updates on Timely Topics Impacting the Government Contracting Industry from Vice President of Acquisition Policy, Ken Dodds

Historically, the length of government contracts did not exceed five years and size was determined at the time of offer (including price) for the contract. With the advent of long-term multiple award task or delivery contracts lasting for ten or twenty years and a focus on data surrounding the Federal Government’s annual small business prime contracting goal achievement, the Small Business Administration (SBA) created rules requiring size recertification in certain circumstances. These initial recertification rules were for small business prime contract goal achievement counting purposes and did not mandate actions by the Government or change the terms or conditions of the contract. Of course, an agency could choose to not exercise an option or terminate a contract based on a size recertification or could choose to make size recertification a condition for award of an order, but SBA’s rules did not require it. Subsequently, effective November 16, 2020, SBA made two recertification policy changes which impacted eligibility for award.[1] Frist, if a firm recertifies its size as other than small following a merger or acquisition that occurs within 180 days of an offer, but prior to award, the firm is not eligible for award.[2] Second, with respect to full and open multiple award contracts (not including the Federal Supply Schedule) where size was not a condition for contract award, size is determined at the time of offer or quote for an order that is set aside for small business.[3]     

On October 25, 2022, the Navy issued a Request for Quote (RFQ) that was set aside for small business concerns under the Seaport-NG contract. A firm that self-certified as small for the Seaport-NG contract was acquired on November 9, 2022, and no longer small on the date of submission of its quote for the RFQ (November 29, 2022). An unsuccessful offeror filed a size protest. The Area Office found the firm to be other than small, but the Office of Hearings and Appeals (OHA) reversed.[4] OHA noted that the Seaport-NG contract provided that orders could be solicited on an unrestricted basis or could be set aside. OHA further noted that the contract did not require firms to recertify size in connection with small business set-aside orders and that the RFQ did not request size recertifications in connection with the order. OHA quoted from sections of SBA’s recertification rules in its decision, but never addressed or discussed the specific language in SBA’s rules concerning set-aside orders under full and open contracts:

if an order or a Blanket Purchase Agreement under an unrestricted Multiple Award Contract is set-aside exclusively for small business (i.e., small business set-aside, 8(a) small business, service-disabled veteran-owned small business, HUBZone small business, or women-owned small business), a concern must recertify its size status and qualify as a small business at the time it submits its initial offer, which includes price, for the particular order or Blanket Purchase Agreement.[5]   

I would argue that Seaport-NG is an unrestricted contract with rolling admissions where size is not a requirement for purposes of receiving a contract award, i.e., small businesses are not competing with one another to receive a contract. In a size appeal involving a similar contract (The Army’s RS3 contract), OHA held that the requirement to be small for an order set aside under a full and open contract applied to solicitations for orders issued after the effective date of the rule (November 16, 2020).[6] The Judge in Forward Slope did not address Avenge but instead cited cases where size was relevant for purposes of award of the underlying contract (CIO SP3 small business and OASIS small business).[7] I would argue that OHA needs to address and discuss this issue in any size appeal involving an order set aside for small business under a multiple award contract that includes large businesses (not including the Federal Supply Schedule).   

[1] 85 FR 66146.

[2] 13 CFR 121.404(g)(2)(iii). Initially this part of the rule only referenced contracts, but SBA subsequently added orders and agreements effective May 30, 2023. 88 FR 26164.

[3] 13 CFR 121.404(a)(1)(i)(A), (a)(1)(ii)(A).

[4] Size Appeal of Forward Slope, Inc., SBA No. SIZ-6258 (2023).

[5] 13 CFR 121.404(a)(1)(i)(A), (a)(1)(ii)(A).

[6] Size Appeal of Avenge, Incorporated, SBA No. SIZ-6178 (2022).

[7] Size Appeal of Computer World Services Corp., SBA No. SIZ-6208 (2023); Size Appeal of Odyssey System Consulting Group, Ltd., SBA No. SIZ-6135 (2021).

Seeking Member Feedback on GSA’s Single-Use Plastics Proposed Rule 

On Tuesday, February 13, the Green Committee met for a briefing on GSA’s proposed rule to reduce single-use plastic packaging in Federal procurement. To view the slides from the presentation, click here. Members who wish to contribute to the Coalition’s comments on the rule should email Ian Bell at ibell@thecgp.org by next Tuesday, February 20. 

The rule, published in December 2023, applies to GSA and VA Federal Supply Schedule (FSS) contracts and will “amend the General Services Administration Acquisition Regulation (GSAR) to add a new provision and clause to identify single-use plastic free (SUP-free) packaging availability.” The rule defines “single-use plastic packaging” as: 

any plastic used for the containment, protection, handling, delivery, or presentation of goods by a producer for a consumer with the intent of being disposed of immediately after use. Disposal of the product meaning that it is routinely recycled, disposed of, or discarded after its contents have been used or unpackaged, and typically not refilled or otherwise reused by the producer. Packaging includes, but is not limited to ancillary packaging, brand/sales packaging, grouped packaging, and redundant packaging. 

In the proposed rule, GSA is proposing that MAS contractors be required to identify whether or not they offer SUP-free packaging for supplies, and if so, “whether the SUP-free packaging is standard or must be specified by the ordering official.” Identification would take place when the contractor submits their price list. The corresponding contract clause would require contractors “to identify whether SUP-free packaging is available as the standard shipping practice, or at a premium or discount rate” and encourages contractors to include this information in their marketing materials. GSA would update its ordering systems, like GSA Advantage, with a new product icon symbolizing SUP-free packaging, and “ordering activities [would be able to] focus their GSA Advantage search on the designated icons and price to meet climate objectives.” 

Last Call! Cloud Working Group Meeting on GSA’s ASCEND BPA, Today at 10:00 AM  

The Coalition’s Cloud Working Group will be hosting a members-only meeting with Joel Lundy, Director, Office of IT Products at GSA’s Information Technology Category (ITC) on February 16 at 10:00 AM (ET) to discuss the Draft ASCEND Blanket Purchase Agreement (BPA). Joel Lundy will be joined by Barry Hodge, Branch Chief, Cloud Solutions Branch, ITC and Jonathan Plante, IT Specialist, Cloud Solutions Branch, ITC.     

The meeting will be held at the Rosslyn, VA office of Deloitte. Virtual attendance will also be available. 

In addition, the Coalition is collecting comments from members on the Draft ASCEND BPA. Comments can be submitted to Joseph Snyderwine at JSnyderwine@thecgp.org by 10:00 AM (ET) on February 20. Comments are due to GSA by February 21.   

To register for this members-only meeting, click here. 

New Event – The 2024 Accredo Transition and Replenishment: What Manufacturers Need to Know, Feb. 20

Next week on Tuesday, February 20th from 11:00 AM – 12:00 PM (ET), the Coalition will host a members-only virtual briefing, The 2024 Accredo Transition and Replenishment: What Manufacturers Need to Know.

The subject will be the transition of TRICARE specialty pharmaceutical dispensing to the Accredo Specialty Pharmacy. Starting on March 1st, all prescriptions for replenishable specialty products will be handled by Accredo. During the briefing, the following guest speakers will provide: 

  • An overview of the replenishment process;
  • How it applies to manufacturers;
  • What manufacturers need to do; and
  • FAQs from manufacturers about Accredo.

Guest Speakers

  • Dr. Marsha Petersen, Chief of the Pharmacy Support Branch at the Defense Health Agency
  • Aaron Middlekauff, DoD VP of Government Accounts for Cencora (formerly Amerisource Bergen)
  • Jay Peloquin, Senior Director of Clinical Services at Express Scripts

Request for Questions from Members
Our guest speakers have asked members to provide their questions and topics of interest in advance. Click here for a draft list of questions thus far. To add topics and questions to the list, please contact Ian Bell at ibell@thecgp.org by COB this Friday, February 16.

To register for this members-only meeting, click here. (Please note that this meeting will be recorded and available to members afterwards.)

Webinar – Healthcare Focus: Briefing on FY24 NDAA, Feb. 21 

On February 21 from 12:00 – 1:00 PM (ET), the Coalition is hosting the webinar, Healthcare Focus: Briefing on the National Defense Authorization Act (NDAA) for Fiscal Year 2024, with Moshe Schwartz, President of Etherton and Associates. During the presentation, Schwartz will provide an update on recent healthcare legislation in the fiscal year (FY) 2024 National Defense Authorization Act (NDAA). 

Register now by clicking here. 

Webinar – The Latest Alliant 3 Draft RFP: A Review of the Good, the Bad, and the Ugly, Feb. 22 

The release of the final solicitation for the highly anticipated Best-in-Class (BIC) Government-wide Acquisition Contracts (GWAC), Alliant 3, is right around the corner. Organized by GSA and a continuation of the flagship vehicles Alliant and Alliant 2, Alliant 3 will focus on providing government agencies with integrated IT solution services for evolving needs. Similar to the recent OASIS+ procurement, Alliant 3 will utilize a self-scoring system to evaluate a contractor’s status as a BIC solution provider. Following the release of the draft solicitation (Draft RFP 2) this past December and with the final solicitation expected in Spring of 2024, the Coalition is pleased to host an update for members on the latest news about Alliant 3.

Join us on February 22 from 12:00 – 1:00 PM (ET) as we host Baker Tilly’s Leo Alvarez, Principal; Dylan Schreiner, Manager; and Molly Menoni, Senior Consultant, who will provide an overview of the latest changes to the Alliant 3 solicitation, expected contract requirements, and what contractors should consider as they make bidding decisions, including: 

  • Overview of the Alliant 3 solicitation and the anticipated solicitation release; 
  • Highlighting the most impactful changes from Draft RFP 2; 
  • Contractor Teaming Arrangements; 
  • CPA Business Systems Reviews and Scoring; 
  • Sustainability Requirements and Scoring; 
  • C-SCRM Requirements; 
  • Vendor Self-Scoring; and 
  • Anticipated Proposal Evaluation Criteria. 

Register now by clicking here. 

MAS Basic Training: The Nuts & Bolts, Feb. 27

The Coalition for Government Procurement is pleased to announce that on February 27, we will hold our MAS Basic Training: The Nuts & Bolts – an intensive, one-day training workshop that teaches the basics of utilizing the General Services Administration (GSA) Multiple Award Schedule (MAS) program. Topics covered during the training will include:

  • Obtaining Your GSA Schedule or Schedule Modification, along with Option Extensions
  • Navigating the Price Negotiation Process
  • Better Understanding of Management and Compliance of the Price Reduction Clause
  • Schedule e-Tools: Tips on Competing and Winning Through the GSA Schedule Program
  • The Keys to Understanding the Task Order Competition
  • Audits – How to Prepare and What They Mean in the Current Market
  • Ethics and Schedule Business – How to and How Not to Conduct Federal Business
  • Small Business Issues and Considerations

Agenda

8:30 AM Welcome/Introduction – Jason Workmaster, Member, Miller & Chevalier Chartered

8:45 AM The GSA Schedules Program: An Entry Point to Government Contracting – Alex Barbee-Garrett, Counsel, and Liam O’Reilly, Counsel, Crowell & Moring

10:00 AM Obtaining Your Schedule or Schedule Modification, plus GSA Option Extensions – Sonia Pesantes, Managing Principal Consultant, and Sean Nulty, Principal Consultant, The Gormley Group

10:45 AM Break

11:00 AM GSA Schedule Audits – What to Expect – Leo Alvarez, Principal, and Shannon Ridge, Manager, Baker Tilly

12:00 PM Lunch Presentation: Staying Out of Trouble – Compliance and Ethics for Government Contractors – Rob Burton, Partner, Crowell & Moring

1:00 PM Break

1:15 PM Schedules e-Tools: Tips on Competing and Winning Through the GSA Schedule Program – Bill Gormley, President, and Andrew Sisti, Principal Consultant, The Gormley Group

3:00 PM Break

3:15 PM Small Business Considerations – Ken Dodds, Vice President of Acquisition Policy, Coalition for Government Procurement

4:15 PM Q&A & Closing Remarks

To register, click here. Both in-person and virtual attendance are offered for the course. We look forward to your participation! 

GSA & VA Schedule Contracting Training for In-House Counsel, Feb. 28 

The Coalition for Government Procurement is proud to once again host its “must attend” General Services Administration (GSA) and Veterans Affairs (VA) Schedule Contracting Training for In-House Counsel on February 28. This course is designed for lawyers and contract managers at member companies with significant contract management and compliance responsibilities with GSA and/or VA Schedule contracts. Our presenters for the day will be Jason Workmaster, Member, Miller & Chevalier Chartered; Lorraine Campos, Partner, Crowell & Moring LLP; and Addie Cliffe, Partner, Crowell & Moring LLP. 

During the training, Jason, Lorraine, and Addie will cover the following topics and more: 

  • Pricing – Transactional Data Reporting (TDR)/Commercial Sales Practices (CSP); 
  • Domestic Preferences; 
  • Supply Chain; 
  • Enforcement/Mandatory Disclosure/Ethics; 
  • Sustainability Requirements/Policy; and 
  • Bid Protests Update. 

After successfully completing this course, you will receive 6 CLE credits, while also gaining an understanding of: 

  • GSA/VA’s most favored customer pricing policy and major requirements of the government solicitation; 
  • Current audit/oversight procedures; 
  • Current GSA Schedule Price Negotiation Priorities; and 
  • How the GSA Schedule can impact your company’s bottom line. 

Plus, you will be able to advise your in-house clients regarding topics such as: 

  • Disclosure of company records; 
  • Establishing management and compliance processes; 
  • Establishing ethics programs and mandatory disclosure; 
  • Avoiding penalties; and 
  • Identifying resources to assist with continuing legal support of your internal GSA/VA Schedule programs. 

This training course is excellent for: 

  • In-house counsel for current GSA/VA Schedule contractors and/or companies considering becoming a GSA/VA Schedule contractor; 
  • Government attorneys that advise clients with GSA/VA Schedule contracts; 
  • Contract Managers with MAS experience; and 
  • Compliance Personnel. 

To register, click here. Both in-person and virtual attendance are offered for the course. We look forward to your participation! 

Imaging Equipment Committee Meeting on Country of Origin Ruling, Feb. 29

On February 29 at 10:00 AM (ET), the Coalition’s Imaging Equipment Committee will be hosting a members-only virtual meeting. During the meeting, Coalition President Roger Waldron will speak on a recent Country of Origin ruling by Customs and Border Protection with implications for imaging equipment manufacturers.  

DRAFT AGENDA 

  1. Introduction 
  2. CBP Country of Origin Ruling on Printers Assembled in Mexico 
  3. NASA SEWP VI 
  4. Policy Updates
    1. TDR and GSA Policy and Procedure (PAP) 2021-05, Evaluation of FSS Program Pricing 
    2. OFPP Memo, Increasing Small Business Participation on Multiple-Awards Contracts 
    3. CMMC 2.0 
    4. Cybersecurity Comments on Cyber Threat Reporting & FASCA Orders 
    5. FAS Catalog Platform Pilot Update 
    6. Single-Use Plastics Proposed Rule 

If you have any additional questions or topics you would like to add to the agenda, please reach out to Joseph Snyderwine at JSnyderwine@Thecgp.org. 

To register for this members-only meeting, click here. 

General/Office Products Committee Meeting on AbilityOne Program, March 12

On March 12 at 10:00 AM (ET), the General/Office Products Committee will be hosting a members-only meeting focused on the AbilityOne program. The meeting will touch on recent member experiences, with a focus on the interactions between the program and automated pricing tools such as Standardized Pricing Evaluation Logic (SPEL). Representing Ability One at the meeting will be Jason Endicott, Program Sales Manager at National Industries for the Blind (NIB), and Annelie Eyre, Commercial Distribution Specialist at NIB.

To register for this members-only meeting, click here.

If you have any questions, please contact Joseph Snyderwine at JSnyderwine@thecgp.org.

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