With the start of the New Year, The Coalition for Government Procurement’s commitment to addressing crucial procurement issues remains steadfast. As we begin 2024, the first two months promise to be especially busy, with a number of key regulations on the horizon. Below, you will find a list of upcoming contracting programs and requirements that the Coalition plans to address throughout January and February. We strongly encourage you to review these various issues and provide us with your feedback as we shape our responses to submit to the government on behalf of our members.
Potential Changes to FSS EPA Clauses
As you know, one of the Coalition’s priorities in 2022 and 2023 was to increase flexibility in the application of Economic Price Adjustments (EPAs) in the Federal Supply Schedule (FSS) program during a time of historic inflation. In response to stakeholder input, GSA has provided temporary flexibilities for EPA requests through Acquisition Letter MV-22-02, which was originally published in March 2022 and has been extended through March 2024. Because of the benefits associated with EPA flexibilities, GSA is proposing to make permanent some of the temporary flexibilities put in place by Acquisition Letter MV-22-02 through a proposed rule titled “GSAR: FSS Economic Price Adjustment.”
Specifically, GSA is proposing to amend the GSAR to standardize and simplify the Schedule clauses for EPAs. The proposed revisions would consolidate the four existing optional EPA clauses into a single Schedule EPA clause. According to GSA, these four Schedule clauses have essentially the same requirements and limitations on EPAs in terms of timing, number, and frequency of requests. The new EPA clause proposed by GSA is 552.238-118 Economic Price Adjustment—Federal Supply Schedule Contracts. Among other things, the proposed consolidated EPA clause:
- defines “economic price adjustment method”
- clarifies what pricing is subject to an EPA
- retains the Contracting Officer’s ability to reject, accept, or partially accept an EPA request
- allows the EPA method to be revised during contract performance
We encourage members to review the proposed rule and provide your feedback so that the Coalition can share input with GSA on the proposed EPA revisions to the Schedules program. Please submit your feedback on the proposed rule to Joseph Snyderwine at jsnyderwine@thecgp.org by Wednesday, January 10. We will submit comments on behalf of members to GSA by the January 16 deadline.
Additional Upcoming Opportunities for Public Comment:
Throughout January and February, there will be additional opportunities for industry to submit input on the acquisition strategy for key contracting programs and upcoming contract requirements. Here is a list of those additional opportunities that we are collecting member feedback on:
GSA Contracting Programs
| Jan. 15 at 12 PM (ET) | Alliant 3 Draft RFP | Send member comments to Michael Hanafin at mhanafin@thecgp.org by Tues., Jan. 9. |
| Jan. 30 at 4 PM (ET) | Draft ASCEND BPA | Send member comments to Joseph Snyderwine at jsnyderwine@thecgp.org by Wed., Jan. 17. |
DoD Commercial Items
| Jan 16 | DFARS Proposed Rule | Inapplicability of Certain DFARS Clauses to Commercial Items | Send member comments to Joseph Snyderwine at jsnyderwine@thecgp.org by Tues., Jan. 9. |
Cybersecurity
| Feb 2 | FAR Proposed Rule | Cyber Threat and Incident Reporting | Send member comments to Ian Bell at ibell@thecgp.org by Fri., Jan. 19. |
| Feb 2 | FAR Proposed Rule | Standardizing Cyber Requirements for Unclassified Federal Information Systems | Send member comments to Ian Bell at ibell@thecgp.org by Fri., Jan. 19. |
| Feb 2 | FAR Interim Rule | Implementation of Federal Acquisition Supply Chain Security Act (FASCA) Orders | Send member comments to Ian Bell at ibell@thecgp.org by Fri., Jan. 19. |
| Feb 26 | DoD Proposed Rule | Cybersecurity Maturity Model Certification (CMMC) Program | Send member comments to Ian Bell at ibell@thecgp.org by Tues., Feb. 6. |
If you have any questions, please contact Ian Bell at ibell@thecgp.org or Joseph Snyderwine at jsnyderwine@thecgp.org.
Upcoming Events
In addition, the Coalition has several engagements already planned for the coming weeks to help contractors prepare for the New Year. We remain dedicated in 2024 to facilitating valuable discussions between government and industry. Check out our current calendar for January and February below and register for these upcoming events!
VA Next Generation Implant Contracts and Consignments Training, Jan. 8
The Coalition’s Prosthetics Working Group is hosting Ardene Nichols (Clinical Program Manager at the VA’s Prosthetic and Sensory Aid Services) and Nathan Bradley (Director, Acquisition Service 4 at the VA’s Strategic Acquisition Center) to provide training on the Next Generation Implant Contracts and Consignments. The training will be held virtually on January 8 from 2:00 – 3:00 PM (ET).
To register for the meeting, click here.
GWAC/MAC Committee Meeting on GSA’s Alliant 3, Jan. 11
The GWAC/MAC Committee is hosting a virtual meeting with GSA’s Paul Bowen, Director, Center for GWAC Programs, and Nick Kalathas, Branch Chief, Alliant GWAC Contracts, on January 11 from 1:00 – 2:00 PM (ET) to discuss GSA’s vision for its Alliant 3 contract vehicle and the recently released Draft RFP. During the briefing, GSA will listen to input regarding the draft, but will not answer questions pertaining to the solicitation.
To register for the meeting, click here.
Webinar – Overview of the National Defense Authorization Act (NDAA) for Fiscal Year 2024, Jan. 22
The Coalition is excited to announce our first webinar for 2024! Join us on January 22 from 12:00 – 1:00 PM (ET) for an Overview of the National Defense Authorization Act (NDAA) for Fiscal Year 2024, presented by Moshe Schwartz, President of Etherton and Associates, Inc. The NDAA was signed into law on December 22, 2023. During this webinar, Schwartz will highlight trends and focus areas of the NDAA; China, acquisition, industrial base, and cybersecurity provisions; and how the NDAA may impact the administration’s policy goals. Additionally, Schwartz will identify potential future areas of focus and change in acquisition and industrial base policy. We look forward to your participation!
To register, click here.
2023 Small Business Regulatory Year in Review, Jan. 30
The Small Business Committee will be hosting an all-member year in review presentation featuring Ken Dodds, Vice President of Acquisition Policy at the Coalition, David Black, Partner at Holland and Knight, and Jon Williams, Partner at PilieroMazza. The event will be held virtually on January 30, from 10:00 – 11:30 AM (ET). The meeting will feature insights on the regulatory cases and updates of 2023 that affected both large and small businesses.
To register, click here.
Webinar – Healthcare Focus: Briefing on the National Defense Authorization Act (NDAA) for Fiscal Year 2024, 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).
To register, click here.
We welcome everyone back from what we hope was a happy restful holiday season, and we look forward to working with you as we address the aforementioned important business issues that stakeholders face in the government marketplace.