This week the George Mason University’s Greg and Camile Baroni Center for Government Contracting (the Baroni Center) hosted a webinar, “The New Administration Implications and Opportunities for Small Business.” The webinar provided attendees with an engaging, informative discussion of the new federal market and what it means for businesses, especially small business, competing in the federal market. Among the presenters was Emily Murphy, a Senior Fellow at the Baroni Center and former General Services Administration (GSA) Administrator. Emily shared her valuable insights throughout the webinar, including the observation that she had not seen this great of an appetite for procurement reform in over 30 years.
The last great period of procurement reform was the 1990’s which gave us the Federal Acquisition Streamlining Act of 1994 (FASA) and the Clinger-Cohen Act. It was also a period of acquisition innovation and experimentation. GSA’s Multiple Award Schedule (MAS) program was radically reformed during this period with the result of increasing competition, and enhanced value for customer agencies through the commercial market. Unfortunately, since that time, we have seen a steady, almost glacial-like, relentless growth in procurement regulations of all types and varieties (e.g. the Federal Acquisition Regulation (FAR), agency supplements, operational guidance, manuals, directives, and memoranda). Given the appetite for procurement reform, let’s look at a procurement reform menu.
For “STARTERS” here are some GSA MAS items:
- Rescind FAS Policy and Procedure (PAP) 2021-05, Evaluation of FSS Pricing
- Eliminate the Price Reduction Clause (PRC)
- Add cost-reimbursement capability to the MAS program
- Address Other Direct Costs for the MAS program via a FAR level clause/guidance
- Review and further consolidate the Special Item Numbers (SINs) to reduce complexity and better reflect the commercial market
For “STARTERS” for the FAR:
- Review and eliminate the over 90 FAR and DFARS clauses that currently apply to commercial item contracts.
- Eliminate the preference for multiple award Blanket Purchase Agreements (BPAs) in FAR 8.4. There is no such statutory requirement.
- Consistent with the Small Business Jobs Act of 2010, ensure that the decision to set-aside orders under multiple award contracts is left solely to the discretion of the contracting officer.
For “ENTREES”:
- Review, reduce, and streamline the FAR, focusing on the statutory foundation and limiting/eliminating non-statutory guidance to the maximum extent practicable.
- Study The FoRGED Act, as it contains several provisions that would reform aspects of procurement, including best value language for the MAS program and a provision providing greater flexibility for cloud contracting.
- Address contract duplication across government. There are too many contracts covering the same products and services. A balanced portfolio of contracts will ensure competition and choice while reducing unnecessary overhead and management costs.
These are just some of the items on the menu for procurement reform. The Coalition has received over 40 recommendations for the Government Procurement Efficiency List (GPEL). We are gratified by the response. The GPEL recommendations have been added to the Coalition’s reform agenda for 2025.
Regarding “DESSERTS,” embracing, empowering, and implementing procurement reform will provide a significant return on investment in terms of savings, value, innovation, and performance in support of the federal mission.