2020 NDAA and Human Capital Management

As per the request in the 2020 National Defense Authorization Act (NDAA), a new report from the National Academy of Public Administration, “Elevating Human Capital: Reframing the U.S. Office of Personnel Management’s Leadership Imperative,”is on target. Government needs to invest continually in improving its human capital management policies and practices. The payoff will be improved agency performance and the gains could be significant.

      Human capital management is more than implementing laws and regulations, and more than policies or practices. It happens every workday and impacts the lives of employees and their families. When employees feel they are disrespected or not valued, they look for new employers. Those who feel locked in, often become disengaged, some even destructive. The factors that influence how employees feel about their work experience include the messages from leaders and interactions with local managers, not the policies announced by the HR office.

      Businesses should be looking to the government as a model. The latest idea on business websites is that when employers emphasize their purpose, it helps with recruiting and engaging top talent. The subject has been discussed at the World Economic Forum and by the Business Roundtable. To state what should be obvious: Agencies were created to serve a societal purpose. The best source to understand the importance of purpose is a 2010 book The Why of Work, by the highly regarded organization consultant, David Ulrich and his psychologist wife, Wendy Ulrich.

      The importance of purpose is clear in the scenes of hospital staff saying goodbye to patients treated successfully for COVID. Their satisfaction is almost palpable. We saw the celebration of the mission crew when Perseverance landed on Mars. The satisfaction from federal accomplishments is frequently displayed in movies and TV shows. The challenge of tackling problems and the anticipated gratification of success contributes to better performance. High performing organizations have employees who embrace the importance of their work. Those organizations celebrate achievements throughout the year. It builds collaboration and esprit de corps, contributing to better performance.

     Government performance also plays a role in recruiting and retaining talent. Careers in government have always attracted a segment of young job seekers but many more would be attracted if agencies were valued by the public for their accomplishments. When agencies are respected for their service to the public, it enhances the way everyone views the organization, including career counselors, professors, and parents. Rebuilding is more than numbers; it is about attracting and engaging top talent.

Author: Patrina Philips

Source: https://www.govexec.com/management/2021/03/business-case-investing-human-capital-management/172791/

GSA has Opportunity to lead Federal Climate Change Initiative.

The federal government is the nation’s largest employer and its largest energy consumer. The U.S. has rejoined the Paris Agreement which aims to reduce global greenhouse gas emissions and limit global warming to below 2 degrees Celsius. President Biden wants the public sector to be an example for environmental sustainability. Due to the building and construction industries accounting for more than a third of energy and process-related carbon dioxide emissions, one of the biggest ways to reduce the nation’s carbon footprint is with real estate. Fortunately for the General Services Administration (GSA), they have a head start.

“Since 2013, GSA has successfully reduced its total inventory by 7 million rentable square feet (RSF), reducing its footprint from 378 million RSF to 371million RSF in 2020.” Stated by an agency spokesperson in an email to Federal News Network. “Over the last 15 years, GSA has made substantial progress improving our buildings’ energy efficiency and space utilization through investments in new and existing facilities, technologies, and operational best practice adoption.” Agencies must submit draft action plans to the new National Climate Task Force and the Federal Chief Sustainability Officer within the next three months. Those plans should describe steps agencies can take to make facilities more resilient to climate change impacts.

The environmental impact of federal real property, as well as government procurement power, are just some components in Biden’s wide-ranging Jan. 27 Executive Order on Tackling the Climate Crisis at Home and Abroad. The EO proposes a carbon pollution-free electricity sector by 2035, and clean and zero-emission vehicles for all government fleets, including the Postal Service. This is notable because 36% of federal energy consumption comes from more than 350,000 buildings, while about 60% comes from vehicles and equipment, according to the Energy Department’s Federal Energy Management Program (FEMP). The EO directs the White House Council on Environmental Quality and the Federal Acquisition Regulatory Council to make sure contractors pay more attention to reducing carbon emissions. 

“Action plans should, among other things, describe the agency’s climate vulnerabilities and describe the agency’s plan to use the power of procurement to increase the energy and water efficiency of United States government installations, buildings and facilities and ensure they are climate-ready. Agencies shall consider the feasibility of using the purchasing power of the federal government to drive innovation and shall seek to increase the federal government’s resilience against supply chain disruptions,” the EO reads. Whatever is left after operating expenses can go to construction, repairs or major renovations of federal buildings – the kinds of projects needed to improve energy efficiency and sustainability. Because the easier fixes, such as more environmentally friendly lighting, are largely done, he said.

GSA, in particular, has reduced its leased footprint by 10.4 million square feet since October 2014, the agency spokesperson said. During his time at PBS, Mathews said their strategy revolved around two things: Reducing total square footage and getting real estate at a better price. To do this, PBS prioritized leasing first and GSA’s overall portfolio second. “We went after leasing first, because when you lease, you have access to private capital through your lease. So, you leverage, with your annual lease payment, significant amounts of private capital to restructure your lease portfolio – the portfolio the federal government consumes in the private market,” he said. “As a result, we’re avoiding over $4 billion in lease costs that – because of the transactions we put in place when we were there, by reducing the size of that lease portfolio. Along with that smaller footprint is less energy consumption.”

Author: Patrina Philips

Source: https://federalnewsnetwork.com/green-buildings/2021/03/building-back-greener-gsa-has-prime-opportunity-to-lead-federal-climate-change-initiative/

Biden’s Made in America: Federal Contracting Outlook

With a new administration comes new policies. Most federal contractors are familiar with this and have been gearing up to ready themselves for whatever these new policies may throw at them. With the “Made in America” executive order issued by President Biden on his fifth day in office, contractors are still wondering what implications this may have on their businesses.

The notion of buying American is nothing new for the country. In fact, this new executive order builds on current laws—the Buy American and Buy America statutes, passed in 1933 and 1982, respectively. These laws have not been updated since 1954 according to a fact-sheet issued by the White House. Looking back, the extent to which the government and its contractors were to give preference to American sourcing has been blurry and has reportedly not been closely followed.

The federal government spends roughly $600 million annually in contracting, so defining these practices related to buying American can have a significant impact on contractors and the country at large. Specifically, the executive order said that within 180 days, the FAR Council should consider: replacing the “component test” (which says that over 50% of a product’s cost must have a domestic origin), increasing the numerical threshold for domestic content requirements for construction materials and end products, and increasing the price preferences for domestic construction materials and end products. “At this point it’s very hard for contractors to predict and make any supply chain adjustments because we just don’t know what this test is going to look like,” said Adelicia Cliffe, partner at the law firm Crowell and Moring.

Biden has also issued executive orders on using federal procurement to advance racial equity and support for underserved communities, tackle the climate crisis and to order a review of the U.S. supply chain. We will continue to monitor these developments.

Author: Paul McVeigh

Source: https://www.govexec.com/management/2021/02/how-bidens-made-america-executive-order-could-impact-federal-contractors/172259/

NITAAC to release CIO-SP4 contract to include large and small contractors

In the next few weeks, in mid-to-late March, the National Institutes of Health IT Acquisition and Assessment Center (NITAAC) will announce the $40 billion CIO-SP4 contract and award spots to as many as 450 large and small contractors by early 2022. Brian Goodger, CIO-SP4 program manager and NITAAC acting director, said he expects to receive more than 1,000 bids, due on 30 April.

Knowing the success of the GWAC and protests could easily postpone its adoption, Goodger said NITAAC plans to overcome any potential concerns as early as possible in the assessment process.

NITAAC will also look at the past performance of bidders during phase 3 and the pricing of labor categories and any other significant documents.

“Because of that phased approach, again, we expect to be able to narrow down the competition so much that there won’t be too many protests at the end. So many companies would have already been eliminated and would have been notified six, nine months prior. We were really optimistic about the phased approach, and specifically about that self-scoring sheet because we’ve had a couple of meetings with industry where a couple of companies have recognized that knowing that their score at an early stage might not be good enough to really compete would be good.” (Miller).

Goodger said NITAAC agreed in several industry days and other meetings on the page limits for the technical proposal and business proposal after hearing from the industry over the last year that the criteria for longer proposals were too burdensome.

Goodger said he expects the bulk of protest delays to occur in phases one or two, with a much smaller chance of phase three protests.

“Another reason we’ve moved to the phased approach is that although the offerors will submit everything in total upfront. The phased approach allows NITAAC the opportunity to notify them immediately after the conclusion of each phase of whether or not they’ve advanced to the next phase. And in doing so, we will be able to start any protest clock immediately with those that did not make it from phase one to phase two. Likely some of them will protest, but we will work with those protests commensurate with our evaluation in phase two. The evaluation will continue as any protests come in.” (Miller).

Author: Emely Rivas

Source: Miller, Jason. “NITAAC details timing, evaluation plans for $40B IT services contract.” Federal News Network, 22 February 2021, https://federalnewsnetwork.com/contractsawards/2021/02/nitaac-details-timing-evaluation-plans-for-40b-it-services-contract/. Accessed 24 February 2021.

GSA’s procurement programs plan to create opportunities

The General Services Administration (GSA) is the central procurement arm of the federal government. With the change in administration, the GSA plays an integral role in implementing policy priorities. The new administration has set its sights on helping small businesses, establishing green energy alternatives, and increasing domestic sourcing. GSA’s procurement programs, managed by the Federal Acquisition Service (FAS), plays a critical role in supporting customer agencies, accounting for $75 Billion in annual mission support.

FAS’ procurement programs include the Multiple Award Schedule program (MAS), Assisted Acquisition Services, IT GWACs, OASIS, and Global Supplies and Services (GSS). These programs are complementary, bringing a full solution offering approach to GSA’s customer agencies.

Consistency in application and implementation are key elements of the FAS procurement strategy. With respect to the new Administration’s priorities, FAS procurement under these vehicles will support the Buy American Act (BAA), Free Trade Agreements (FTA), and the Trade Agreements Act (TAA).

To create more opportunities, GSA is rolling out a commercial e-commerce pilot program for domestic and foreign sourcing. Awarded in June 2020, the e-commerce pilot program targets $6 Billion, GSA’s estimated addressable market, in open market purchase card spending by the federal government. The pilot program seeks to channel orders through three e-commerce platforms.

Author: Paul McVeigh

Source: https://federalnewsnetwork.com/commentary/2021/02/gsas-procurement-programs-and-the-administrations-domestic-sourcing-priorities-creating-opportunities-closing-loopholes/

GSA MAS Consolidation

Consolidation of the Multiple Award Schedule (MAS) is all about breaking down hurdles, removing stovepipes, and streamlining procurement processes. For this reason, for this major contracting initiative to add quality to government contracting, the General Services Administration (GSA) is to be commended.

MAS consolidation is the cornerstone of GSA’s Federal Marketplace Strategy as the largest commercial commodity deal, responsible for over $30 billion in annual transactions by the federal government.

To date, the focus of the MAS consolidation has been on resolving procurement procedures, demands for MAS, and subsequent contracts. The Federal Procurement Service analyzed and rationalized hundreds of MAS in Phase 1.

Consolidating the MAS solicitation and contracts would expand access to best value goods, facilities, and solutions for consumer agencies. GSA has acknowledged that FAS’s IT systems need to be modernized in order to efficiently interact and fully exploit the benefits of MAS consolidation.

Another wonderful potential for enhancing FAS management and operations is given by MAS consolidation. It sets the stage for a top-down FAS analysis to reduce duplication and remove unnecessary stovepipes for organizations. The Federal Marketplace Policy of GSA has the golden chance of updating, reinventing and reforming FAS.

Writer: Mariatu Alale

Source: https://federalnewsnetwork.com/commentary/2021/02/mas-consolidation-opportunities-in-the-fas-engine-room/

The Pandemic Caused Substantial Delays in FOIA Requests

            More than 80 percent of organizations that receive 10,000 or more requests a year have placed a note about FOIA delays on their websites. This is according to a new analysis by the National Archives and Records Administration, part of the Office of Government Information Services. Last May, the Information Policy Office of the Justice Department released guidelines urging agencies to keep requesters informed on status updates. A lengthy to-do list for federal agencies is included in the latest climate executive order by President Biden.

The Executive Regulations in Need of Oversight or REINS Act will require Congress, before they come into force, to pass a joint resolution authorizing major agency rules.

The bill describes a major rule as any regulation that has an effect of at least $100 million, which will lead to a substantial rise in the agency or public costs.

Industry demand for its new cloud office convinced the Defense Information Systems Agency to extend its quest for program support services. As a separate military service, the Space Force moved to distinguish itself, announcing new names for its enlisted labor force.

The Equal Employment Opportunity Commission has overhauled its Freedom of Information Act Requests framework for obtaining and processing.

Starting today, a brand-new software suite for ingesting both FOIA requests and appeals was launched by the commission. The most recent edition, known as System 2021, is a replacement for a system that has been around since 2015. The Commission notes that applicants can continue to use the old system to check the status of earlier requests, but only until March 12.

FOIA requests will also be accepted by the commission via postal mail, email, and fax.

Author: Emely Rivas

Source :White, E. (2021, February 01). Pandemic Pandemic has caused major delays in FOIA requests. Federal News Network. https://federalnewsnetwork.com/federal-newscast/2021/02/pandemic-has-caused-major-delays-in-foia-requests/

Possible new federal procurement rules under Biden administration

With the change in administration, federal contractors have been keeping an ear to the wall to determine what, if any, changes may be coming their way. In the past, Democratic administrations have leaned towards more rules and regulations. In an interview between Larry Allen and Tom Temlin on Federal News Network, Larry gives his take on what federal contractors, small business included, can expect from the incoming administration.

In the realm of small business, Larry Allen suggests that increased scrutiny may take place regarding small business conduct on non-government contracts. Specifically, how small businesses have conducted themselves in all arenas on the issues of meeting federal employment, environmental, and other laws. Additionally, with a tighter budget being forecast, the new administration may push to bundle more contracts.

The GSA has also issued a new rule clarifying lowest price technically acceptable (LPTA) for non-DoD contracts. The purpose of this would be to limit the use of the LPTA contracting, which would be good news for many small business contractors. While there is certainly a place for LPTA acquisition, it has reportedly been overused for high level service contracts leading to lower-level performance. This strategy can also box out small businesses.

Author: Paul McVeigh

Source: https://federalnewsnetwork.com/acquisition/2021/01/biden-administration-could-mean-several-new-federal-procurement-rules/

GSA Begins 2021 with Slew of Acquisition Activity

The General Services Administration (GSA) has come out swinging in 2021 in the acquisition arena. Within the first two weeks of the new year, the GSA’s Federal Acquisition Service has issued two Request for Information (RFI) and a draft solicitation for the GWAC POLARIS, a small business IT focused GWAC that will essentially replace the Alliant 2 Small Business vehicle.

The two RFIs released are for artificial intelligence and machine learning capabilities, and one to develop a new professional services vehicle. “We are looking at fiscal 2021 at being the year where we see some big awards,” said Laura Stanton, FAS’ assistant commissioner for the Office of Information Technology Category, during a recent event sponsored by ACT-IAC. “In fiscal 2020, the IT category facilitated more than $30 billion in annual government spend. We still are wrapping up those year-end numbers, but it represents the trust the federal agencies have put in us, the customer service, the support is reducing the procurement action lead time, innovation and data transparency and all of the things the agencies put their trust in ITC to make that happen. Out of that, we also provided more than $2 billion in savings and cost avoidance for the customers of ITC alone.”

In addition, the GSA is currently reviewing bids for the 8(a) STARS III GWAC as well as the ASTRO program. These are expected to be awarded in the spring of 2021.

FAS has seen formidable growth of late, recording 15% growth rate in 2019, increased spending in 2020 due to the COVID pandemic, and now with Polaris, 8(a) STARS III, ASTRO and several other initiatives like the commercial platform, the 2GIT vehicle and OASIS, new vendors are slated to gain momentum in 2021 and GSA will continue to capture more of the market.

Author: Paul McVeigh

Source: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2021/01/gsa-kicks-starts-2021-with-an-acquisition-potpourri/

What CMMC Means for Small Businesses

The Cybersecurity Maturity Model Certification (CMMC) is a unified standard for implementing cybersecurity across the defense industrial base (DIB), which includes over 300,000 companies in the supply chain. The CMMC is the DoD’s response to significant compromises of sensitive defense information located on contractors’ information systems. The effort essentially builds from the DoD’s existing DFARS 252.204-7012 regulation. 

Small Business contractors perform a wide range of requirements for the DoD, from administrative and technical work to construction and landscaping. Regardless of what area of expertise a contractor maintains, all will be required to ramp up their cybersecurity efforts under the CMMC initiative.

An interim rule that takes effect on November 30th states that there is an “urgent need for DoD to immediately begin assessing where vulnerabilities in its supply chain exist and take steps to correct such deficiencies.” The rule in the Defense Federal Acquisition Regulation Supplement (DFARS) requires defense contractors to undertake specific data security corrections through the DoD’s Basic Assessment process, which are submitted to the Supplier Risk Management System. Additionally, defense contractors are required to have certification under the CMMC framework, which assesses security processes and practices. These assessments are now to be carried out by CMMC Third-Party Assessment Organizations, rather than through self-certification.

With all that is going on in the world, the security of our nation is a priority. Cyber attacks have become increasingly dangerous and persistent and small business contractors must step up and help in an effort to keep our nation safe.

Author: Paul McVeigh