After months of federal agency closures, and a wide expansion of teleworking and other remote work policies crafted in response to the novel coronavirus, the federal government is planning for a phased re-opening. On April 20, 2020, the Executive Office of the President, Office of Management and Budget (OMB) published Memorandum M-20-23 on “Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again.” In this Memorandum, OMB provides a framework to be used by federal agencies to develop policies and procedures for re-opening and a return to the federal workplace. Each federal agency must develop its own policies and procedures consistent with the Guidelines for Employers included in the Memorandum, as well as accounting for the agency’s own operational needs and the geographic area in which each agency operates. Like most states that have issued re-opening guidelines, the Memorandum contemplates a gating period in which the agency must see a downward trend in COVID-19 cases before proceeding to a phased re-opening. Agency policies and procedures for a phased re-opening must consider the following criteria:

(a) Geography: Includes state and regional phasing status and guidance. It also may include, school and day-care closures, mass transit availability, parking availability, facility requirements, and the agency’s mission needs.

(b) Telework: Agencies are given flexibility to develop their own telework policies and are encouraged to maximize telework flexibilities for high-risk populations, and special populations identified by the Centers for Disease Control and Prevention (CDC). It may also include new working arrangements, such as alternating schedules for in-office and telework.

(c) Personnel: Agencies must develop procedures to follow if an employee or contractor is symptomatic or tests positive for COVID-19. Re-opening policies should consider the needs of vulnerable populations. Policies should also address the employee’s ability to wear face coverings, and whether agencies will provide masks.

(d) Facilities, Service & Operations: Re-opening policies should prioritize public-facing properties and facilities. Facilities that handle classified information should also be prioritized. Policies for facilities must set forth the screening procedure that will be implemented, such as questions to be asked, temperature checks, or other visual inspections. Such policies must also ensure that the agency has adequate hygiene supplies, is following CDC guidelines for cleaning buildings, and implements social distancing procedures to the extent practicable.

(e) Travel Guidelines: Agency policies may reconsider travel limitations currently in place and adapt them as necessary based on mission needs.

These are merely guidelines; therefore, federal contractors will need to familiarize themselves and their employees with the policies and procedures for each of the federal agencies with whom they do business. Agencies are still in the early phases of developing policies and procedures in accordance with the Memorandum, and several agencies have begun to publish their plans, whereas others, such as the Federal Emergency Management Agency, have released solicitations for temperature screening services in anticipation of re-opening.

Re-Opening Guidance Summary:

Department of the Interior

In Phase I, telework will no longer be mandatory, however the agency may continue flexible telework and leave options through the pay period ending May 23, 2020. Priority for telework and leave will be given to employees who self-identify as high risk. Teleworking employees with childcare or dependent care responsibilities affected by COVID-19 have access to up to 20 hours per pay period of excused absence administrative leave.

Department of Veterans Affairs

Contemplates a three-phase approach after localities meet the gating criteria. Dates for each phase are not yet set. Phase 1 will allow the following agencies to resume certain essential and emergency services: Veterans Health Administration, Veterans Benefits Administration, National Cemetery Administration, Board of Veterans’ Appeals VA Staff offices. Telework will continue where possible. Phase 2 will expand to allow non-emergent procedures and services. Reopen additional facilities including Fisher Houses, Hoptel Program, VBA regional offices. Telework will continue where appropriate. Up to 50% of Veteran’s Benefit Administration and Board of Veteran’s Appeals will return on a rotational basis, using staggered shift/steams and expanded core hours. Phase 3 will allow visitor access to all Veteran’s Healthcare Administration facilities. Additional non-emergent procedures and services will be expanded as resources permit. Resume in-person Board of Veteran’s Appeals hearings but also allow virtual hearings. VA will, but has not yet, identified polices for screening, testing, and tracing at VA facilities. VA has enhanced cleaning services and closed common areas. It will disseminate additional policies regarding availability of hygiene supplies and face masks. If required, VA will make those face masks available for employees and contractors on site.

State Department

Phase 1 contemplates alternating teams with up to 40% of the workforce at one time. Mandatory telework will be lifted, but strongly encouraged. Social distancing will be enforced and groups of larger than 10 will be prohibited. Cloth face coverings should be worn but are not mandated. Employees will be encouraged to take their temperature daily. This can occur at home when state and local stay-at-home orders are lifted or modified, and essential businesses are open. Other indicators are that transportation is available, the facility meets CDC disinfection guidelines, offices allow for social distancing, and there is an availability of food, medicine, and sanitation supplies. Phase 2 contemplates an option for alternating teams with up to 80% of the workforce at one time. Bureaus are encouraged to continue telework where possible. Distancing will continue, with an option to wear face masks, and daily temperature monitoring. This can occur when non-essential business can open, and when schools, day care and elder care are available. Phase 3 contemplates a return to work greater than 80% of workforce. Cautious resumption of normal flow and seating, and socializing may resume in larger groups. Cautious resumption of normal travel patterns may happen when public places opened, large events permitted, and restrictions on domestic travel lifted.

Department of Defense (NCR and Pentagon)

The Pentagon Reservation and DoD offices and facilities in the National Capital Region remain open and operational, but with restricted access and enhanced health protection measures being taken.

Author: Prasanna Haresh Patil

References: https://federalnewsnetwork.com/contracting/2020/05/whats-congress-got-planned-for-federal-contractors/

Have you heard of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)? Chances are you have not if you are outside of the world of federal contracting. The agency is prominent in the government contracting community, as it serves as a civil rights agency holding government contractors accountable for complying with non-discrimination legal requirements and affirmative action. Marcus Stergio, Ombudsman for the OFCCP, provides further insight into what the agency does: “the agency conducts a series of compliance evaluations to essentially review a contractor’s affirmative action plans an equal employment opportunity data to ensure that contractors are hiring, compensating and promoting without discriminating against protected classes of workers… So, discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, gender identity, disability or status as a protected veteran.”

The OFCCP went a step further, strongly considering feedback from contractors and recommendations from the Government Accountability Office (GAO), by instituting an ombuds service to help federal contractors comply with rules and serve as a confidential neutral resource for contractors to seek resolutions about OFCCP. “There’s this fear that exists among the contractor community,” states Stergio, “when you know they feel the need to raise concerns or requests that issues be addressed by the same federal enforcement agency who reviews their employment practices. So, you know, the ombuds service is really the agency’s answer to those recommendations.”

So how will this new ombuds service work? How will people contact the ombudsman or use the service? Marcus Stergio, in an interview with the Federal Drive, is very welcoming, inviting contractors to simply give him a call, though he jokes that, “Although, you know, I think that seems like more of an old school approach these days.” He goes on to invite contractors to send him an email to set up a time and date for a discussion. The OFCCP website can also be utilized to submit online referral forms. Employees of federal contractors can also utilize this OFCCP ombuds service to report instances of individual discrimination.

In today’s world, having a confidential resource to help solve big problems like discrimination in the federal contracting marketplace comes as a welcomed relief. Additionally, having a little help navigating all the legal requirements as a contractor will be extremely helpful. Marcus Stergio maintains his resolve to be as helpful as possible to any and all who seek his help or the help of the OFCCP, aiming to build the comfort level and provide trustworthy service.

Author: Paul McVeigh

Source: https://federalnewsnetwork.com/contracting/2020/05/new-labor-office-aims-to-help-federal-contractors-comply-with-rules/

The General Services Administration’s 8(a) STARS II program has been one of the most popular governmentwide acquisition contracts (GWAC) in history. So much so, that for the first time since the GWAC has been around, it hit its $15 billion ceiling.

Other notable GWACs for reference would be Alliant at $50 billion, Networx at $20 billion, and Veterans Technology Services (VETS) GWAC at $5 billion. Note of said contract vehicles have hit or even come close to reaching their respective ceilings.

What makes the 8(a) STARS II GWAC’s milestone so significant is that it reached its $15 billion ceiling 16 months before the end of the contract, which is set to expire August 30, 2021. While the popularity may seem like an overall positive, it can also have negative implications for those small businesses which credit high percentages of their earnings to STARS II. Should an 8(a) small business seek to acquire the follow-on to one if its contracts, for example, it would be ineligible if the contracting office released it via the 8(a)STARS II GWAC.

With this in mind, there are a number of avenues that may be taken by the GSA, and some that small businesses should consider. First, 8(a) small businesses should seek out other contract vehicles with which to obtain 8(a) contracts. Should STARS II not up its ceiling, 8(a) companies can convince their customers to procure follow-ons through these alternate contract vehicles.

The GSA may also increase the ceiling by $5-7 billion. “GSA is exploring its options regarding the 8(a) STARS II GWAC; however, at this time, there is no guarantee of additional contract value being made available. In the interim, agencies should contact GSA regarding short term options such as VETS and the GSA Schedule,” said Bill Zielinski, the assistant commissioner for the Office of Information Technology Category. “GSA intends to issue the solicitation for 8(a) STARS III in fiscal 2020. GSA has developed an aggressive solicitation and evaluation timeline to award 8(a) STARS III as soon as possible.”

While 8(a) STARS III may be a beacon of hope, it is a light at the end of a long tunnel. Despite releasing the draft solicitation last summer, little movement has been seen on the contractor end.

Author: Paul McVeigh

Source: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2020/05/the-downside-of-a-wildly-successful-governmentwide-8a-contract/

The General Services Administrations inspector general issued its annual review this month of 130 pre-award audits of new or renewed schedule contracts. The report outlines several adjustments to price and discounts that amount to an alarming $1.1 billion in potential savings that the agency has missed out on.

“By not effectively using all of the negotiation tools available, contracting officers are failing to leverage the government’s purchasing power,” the report states. “While we recognize that negotiations may not always yield the full amount of cost savings identified in our pre-award audit reports, FAS’ general disregard of pre-award audit results wasted our audit resources and forfeited opportunities to save over $900 million in taxpayer dollars.”

The report is a huge hit to the GSA, as a potential loss of this magnitude could cause a great deal of trouble for those responsible. This $1.1 billion figure may not be entirely accurate. These pre-award audits arise from an analysis of a single data point, and does not take negotiations and other administrative costs into account.

Experts maintain that, while pre-award audits are helpful, they may not accurately depict the actual price paid by the agency. To make a more accurate report, the inspector general’s audits would need to wait to review post-award information. While this may result in more accurate information, the delay could wind up allowing agencies to overpay for years before the issue is identified.

GSA and the IG have been working together to make improvements to schedule contracts. A GSA official said the Federal Acquisition Service and the IG formed a working group in 2018 to improve the value of pre-award audits. The working group helped develop new policies, established performance metrics that are reviewed quarterly, which led to a 22% improvement in audit timeliness, and more than 2,100 hours of training for the acquisition workforce.

Author: Paul McVeigh

Source: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2020/04/ig-says-gsa-missed-out-on-potentially-1-1b-in-savings-but-is-that-really-the-case/