Agency Could Not Accept Price Above Awardee’s FSS Price, GAO Says

If you feel like prices for just about everything are going up, you’re not alone. I recently got my annual property tax bill, and the first thing I did (after recovering from a brief fainting spell) was to start Googling to find out how much I could get for one of my kidneys on the black market.

I get the feeling that my county tax assessor would consider anything less than a double digit increase to be an embarrassing professional failure. In federal government contracting, however, a contractor may not have the same leeway to raise its prices. In a recent bid protest decision, the GAO held that when an agency sought to procure services using the Federal Supply Schedule, the agency could not agree to pay a price higher than the price set forth in the offeror’s underlying FSS contract.

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Transformers: Offerors in Disguise – GAO Sustains Protest Regarding Evaluation Based on Separate Offers from the same Offeror

Without wanting to make the audience feel too old, I was not yet born when Transformers was a pop culture phenomenon. Still, it’s a simple but fun concept: robots that transform to and from cool vehicles. Regardless of what form they take, they are still the same character.

The same cannot be said of government contractors submitting an initial bid for the first phase of a solicitation as a prime contractor and a bid as a member of a contractor teaming agreement (CTA) for the second phase of said solicitation. While the same company is involved, the bids are treated as being from different entities. Such was the case in the GAO matter of Softrams, LLC, B-419927.4 (Feb. 7, 2022).

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The Coronavirus Stimulus Package Could do More for Small Business Contractors

Congress is expected to pass a huge coronavirus stimulus package in the coming days. While lobbyists and congressional staffers wrestle over the last bits and pieces to find their way in to the bill, there seems to be a pretty important group left out—small business federal contractors.

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GAO Sustains Protest Where Single FSS Contract Didn’t Extend Long Enough to Cover Awarded BPA

If you are a Federal Supply Schedule contract holder competing for a BPA, then there’s an important principle that you should bear in mind: your underlying FSS contract should cover the entire anticipated duration of the blanket purchase agreement, including all option years.

And don’t try to provide this coverage with two different FSS contracts. That will get you into trouble–as one unfortunate contractor recently found out.

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GSA Releases IT Security and Authentication Solutions for Federal Agencies

GSA released a Draft Identity, Credentialing, and Access Management (ICAM) Solutions Catalog in response to an Executive Order and a new Office of Management and Budget (OMB) policy. These ICAM Solutions will assist federal agencies in managing and monitoring user access to information systems in order to ensure secure operations and could change security and authentication procedures for federal contractors.

From the President on down, cybersecurity, including authentication, is a pressing concern for all federal contractors.

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GSA On Track to Release Consolidated MAS Program Schedule On First of October

This week, GSA announced it is on track to debut its Consolidated Multiple Acquisition Schedule (MAS) Program Schedule Solicitation on October 1. GSA also gave federal contractors planning to bid on the MAS a head start on the process by releasing a final draft solicitation and an updated industry FAQs sheet.

Let’s take a look at how to utilize this opportunity to prepare for the solicitation’s long-awaited debut.

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GSA Announces Plans to Consolidate MAS Contracts and Asks for Industry Feedback

The General Services Administration is conducting market research for its planned consolidation of the Multiple Award Schedule (MAS) Program. Earlier this month, GSA publicly announced the new single solicitation format, including streamlined terms and conditions, and its intention to collect feedback from government contractors in the industry.

According to GSA, the consolidation is part of its two-year modernization process for the program that began in November of 2018. The consolidated MAS solicitation is scheduled for release later this year. And if you have concerns or suggestions for GSA on this significant consolidation, there is still time for your input.

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