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

The FAR should reflect best practices in the private sector and many state construction (15 or so) programs by requiring prime contractors to list/name primary subcontractors in low-price award procedures (like proposed in HR 1942). Since the 1984 Competition in Contracting Act, federal agencies have run away from construction project low-bid prime contract award procedures because of the claims and disputes that were ...more »

In addition to requiring a pre solicitation phase in all procurements over a certain threshold to be determined by Agency Contracting Head, I would recommend a more involved use of performance based acquisition practices for initial strategy adoption and O&M efforts in information technology. This includes the occasional coupling with incentive based contracting where appropriate. When these parts of the FAR are used ...more »

To improve acquisition, we need to train and incentivize contract officers to take new approaches. As a CO, it is always easier to go with the safer, slower, more traditional approach. Also it aligns to their incentives (don't get protested or in trouble). We should align incentives for contract officers on: -Speed to deliver contracts -Cost savings they are able to delivery (in the end) -Bringing in new vendors -Leveraging ...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: 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 the mandatory ...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: 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 the mandatory ...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 »

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 »

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 »

Issue: Extensive data collection requirements via the Federal Acquisition Regulation combined with an explosion in data reporting for agency specific procurement programs and the Federal Strategic Sourcing Initiative (FSSI). These data reporting requirements are increasing costs and risks for contractors across the federal procurement enterprise. Costs that are ultimately borne by customer agencies through higher prices ...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 »