Open Dialogue on Improving How to Do Business with the Federal Government Ideas

Transformation Innovation in IT/Services Acquisition: We must have open communication and collaboration with industry from day 1 of a new (large) procurement. Government publishes OMB 300, Report 15s and program-specific strategy on public website. Hold monthly Industry Days to openly communicate with Industry, verify requirements, get innovative ideas, and utilize digital market research. Utilize non-profits to assist ...more »

When we started our business as an 8a, even as former military acquisition professionals, we encountered so much "red-tape" in getting on the GSA Schedule that we eventually had to hire a company to assist us in the process. 8 months and $15K later, we finally got onto the IT Schedule 70. Instead of being easy for the small company, it was hard, and expensive. I have talked to other companies who did not have the time ...more »

A significant challenge in procuring cloud-enabled IT services involves structuring an appropriate method of payment. For something simple, like Infrastructure as a Service, agencies should be able to contract directly with a cloud service provider without having to fund upfront (in effect, pre-paying) for a projected level of service consumption. These types of procurement arrangements are typically fixed price. This ...more »

Issue: Reform the MAS Pricing Policies. Specifically, eliminate the Price Reduction Clause (PRC), GSAR Clause 552.238-75. The current MAS pricing policies do not reflect current practices in the commercial market place. The pricing policies are inconsistent with the statutory and regulatory mandates for competition at the order level. The increased transactional and contract administration costs for compliance with ...more »

Issue: The overly complex, burdensome ordering procedures for the establishment of Blanket Purchase Agreements (BPAs) under the GSA Schedules program. Specifically the preference for multiple award BPAs over single award BPAs. The strong preference of multiple award BPAs undermines the ability of customer agencies to achieve best value outcomes using the GSA Schedules program. It essentially limits the tools in the ...more »

Issue: Restrictive experience requirements under the GSA Schedule program. For example, under IT Schedule 70 a company must have been in business for at least two years to be eligible for a contract. The GSA Schedule experience requirements limit access to new, innovation companies providing cutting edge technologies. It is an unnecessary barrier to entry to the federal market place. Recommendation: Eliminate ...more »

Issue: Intellectual property rights as currently set forth in GSA Schedule contracts are unclear, cumbersome and unduly burdensome for contractors. The End User License Agreement (EULA) requirements remain unclear in IT Schedule 70. As such, each license agreement must be reviewed by the contracting officer and legal counsel. Recommendation: A basic set of terms should be developed that identify the key requirements ...more »

Over the last decade, the number of laws, regulations and provisions that apply to commercial item have dramatically increased. For example, in 1996 under 52.212-5(b) there were 17 provisions of law or executive orders identified as applicable to commercial item contracts. In 2012, the number has climbed to 51. The resulting explosion of statutes and regulations applicable to commercial item contracting increases complexity, ...more »

Issue: Failure to incorporate/utilize FAR 52.212-4, Alternate I in Multiple Award Schedule contracts. This gap in the MAS program limits competition, increases costs, fosters contract duplication and reduces efficiency. FAR 52.121-4, Alternate I provides the contract mechanism/procedures for including Materials, Other Direct Costs and Indirect Costs in commercial item contracts. The failure to utilize this FAR-based ...more »

Issue: Reform the MAS Pricing Policies. Specifically, eliminate the Price Reduction Clause (PRC), GSAR Clause 552.238-75. The current MAS pricing policies do not reflect current practices in the commercial market place. The pricing policies are inconsistent with the statutory and regulatory mandates for competition at the order level. The increased transactional and contract administration costs for compliance with the ...more »

Issue: Contract Duplication. Across the federal enterprise there has been an explosion in the number of multiple award IDIQ contracts for the same or similar services. Contract duplication increases bid and proposal and administrative costs for customer agencies and contractors. Contractors are compelled to compete for contracts for fear of being locked out of a market. At the same time there are many IDIQ contracts ...more »

Issue: The overly complex, burdensome ordering procedures for the establishment of Blanket Purchase Agreements (BPAs) under the GSA Schedules program. Specifically the preference for multiple award BPAs over single award BPAs. The strong preference of multiple award BPAs undermines the ability of customer agencies to achieve best value outcomes using the GSA Schedules program. It essentially limits the tools in the tool ...more »