While helping my clients with GSA Contractor Post Award and governement business development services, I’ve found that many have never heard of GSA’s MarkeTips Magazine before. I’d like to take a moment to highlight the magazine and show you how you can use it as a tool to advertise your products and services under a newly awarded GSA Schedule contract. What is MarkeTips?

Congress’ Small Business Jobs Act of 2010 includes an array of provisions aimed at helping small businesses gain access to capital, compete for government contracting opportunities, expand exporting opportunities and obtain other assistance to help them grow and create jobs. One of those provisions is The Small Business Teaming Pilot Program which provides grants to well-established national companies or organizations capable of training and guiding small business government contractors. This pilot program was developed in hopes of assisting undersized firms competing for large contracts. The Small Business Administration (SBA) is in charge of distributing the money and plans to award up to $5 million in grant funding as part of the program. In fiscal year 2011 the SBA can make 10 to 20 grant awards ranging from $250,000 to $500,000. The financial assistance, which can be in the form of a joint venture, or a prime and subcontractor relationship, is expected to focus on customer relations and outreach, team relations, performance measurement and quality assurance. Recipients of the grants are also charged with helping small business locate other firms to team with for larger government opportunities, identifying potential government contracts and preparing and submitting bids.

The Multiple Award Schedule program recently completed a contract-wide rollout of contract Solicitation updates, termed by GSA as a “Refresh”, and an important new clause that I recently blogged about has been incorporated into every MAS contract. The new FAR clause is becoming increasingly familiar amongst GSA contractors, though many don’t know that it is now part of their federal contract. FAR clause 52.203-13 “Contractor Code of Business Ethics and Conduct” is a perfect example of a few bad apples spoiling it for the whole bunch. Well, perhaps there were more than just a few, but this new requirement is largely the result of egregious corporate misconduct over the past decade. It came about when the DOJ formally asked the FAR Council to increase compliance requirements for federal contractors. The goal was for contractors to have a clear and contractual obligation to disclose contractor misconduct. The incentive to make known this type of illegal activity already existed through the Qui Tam provisions of the FAR by awarding whistleblowers a percentage of recovered funds. This same provision is reinforced in 52.203-13. The requirements are broken into two parts: the first requires a “code of business ethics and conduct” for all contractors that have this clause incorporated into their contract. I have included FAR Clause for reference, but if you have any questions about implementing this into your business operations, please let us know. Trust me, this is not something you can sweep under the rug!

GSA Helps Local Law Enforcement with the War on Drugs

When helping my clients to obtain a GSA Schedule contract, I notice that many decide to volunteer to participate in the Disaster Recovery Purchasing Program (“DRPP”) as part of their offer. However, very few clients understand exactly what this program is and what it means for them once they’ve been awarded a contract. To clear up some confusion surrounding the DRPP and cover the questions I typically get, here’s a little bit of background information: On February 1, 2007, an amendment was made to 40 U.S. C. 502 to authorize the Administrator of General Services to provide for the use of Federal Supply Schedules by state and local governments for the purchase of products and services to be used to facilitate recovery from major disasters, terrorism, or nuclear, biological, chemical or radiological attacks. These orders may be placed after the disaster or emergency event occurs, or in advance of a major disaster declared by the president. It is the responsibility of the state and local government entities to ensure that all products and services purchased are used specifically for recovery facilitation purposes. Since the amendment was issued, current GSA Schedule contracts have been modified as agreed upon by Schedule contractors and GSA, to allow Schedule contractors to participate in the DRPP. All vendors submitting new offers for Schedule contracts since February 1, 2007 are also required to indicate whether or not they will offer Disaster Recovery Purchasing.

A few times I have gotten questions from clients who have felt left out of doing work with the government and want to know more about the bid protest process because they feel the decision of a contracting officer or government agency regarding a contract bid or awarded contract was unfair. To do this, you first must make sure that you qualify as an “interested party”. To be considered an interested party, the FAR 33-1 states that your company must be “an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract”. Once you discern your status, you must follow a very specific procedure, and the government is obligated to respond to them as long as they are procedurally correct. Ideally, the government contracting realm is impartial and fair, but sometimes competitors feel that someone has been or is about to be awarded a contract on bogus or questionable grounds. They feel that in their case, the process for a bid was not designed to allow competitors the opportunity to bid on a fair and even playing field. The company can then open a case through the contracting officer at that agency (the recommended channel) or file their protest directly to the U.S. Government Accountability Office (GAO).