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| Recent changes in government contracting you need to know |
| by By Andrew Mohr and C. Kelly Kroll |
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November 3, 2008
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All federal contractors now required to use E-Verify
Pursuant to Executive Order 12989, as amended on June 9, all federal contractors and subcontractors are required to use E-Verify as a condition of contract award. E-Verify is an online system operated by the Department of Homeland Security and the Social Security Administration.
Using the system, contractors can check the work status of new hires online by comparing information from an employee's I-9 form against DHS and SSA database files. Even though the Executive Order is unclear on the effective date and the Federal Acquisition Regulation rule on use of E-Verify has yet to be finalized, word on the street is some agencies are already requiring contractors to sign up for the program.
GSA Cooperative Purchasing expanded to the Group 84 Schedule Program
Under GSA's Cooperative Purchasing program, state and local governments are already allowed to purchase IT goods and services directly from IT vendors' GSA Schedule contracts. In June, with the signing of the Local Preparedness Acquisition Act, the cooperative purchasing program was expanded to allow state and local governments to make direct purchases for fire alarm systems, facility management systems, access control devices, perimeter security and video surveillance systems, and other homeland security type goods and services from GSA Schedule vendors under the Total Solutions or Group 84 Schedule. FAR rules were recently implemented to this end -- as of Sept. 19, state and local governments can purchase directly from Group 84 Schedule vendors.
TSA no longer exempt from the FAR
In the wake of congressional concerns that the Transportation Security Administrative was wasting taxpayer dollars through the use of inconsistent and often non-competitive procurement practices, TSA is no longer exempt from the FAR. Since its creation, TSA has been subject to the Federal Aviation Administration's Acquisition Management System instead of the FAR
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The AMS, while allowing TSA to make quick procurements with fewer regulatory hurdles than the FAR, is often criticized as limiting competition and leaving small businesses in the lurch. Effective June 23, new federal law mandates that TSA procurements be subject to the FAR.
CCR No Longer Required to be Made Public
As of July 30, CCR-registered vendors may elect not to display their registration profile in the Central Contractor Registration database. Thus, if a registered vendor so chooses, their profile will not come up as a hit when its name, DUNs number, or other query is entered using the CCR search tool.
There are currently 467,731 active registrants in the CCR database, and CCR is often used by vendors to find out more information about their competitors. We've used it ourselves to protest the size of a competitor or to show that they don't have the applicable NAICS code to bid on a contract. We've also used it, however, to identify teaming partners for clients that are looking to work with other providers to offer a total solution for the government. Opting out of the public display may disarm your competitors, but it will make it harder for teaming partners to locate you.
Protests of Task Orders under IDIQ Contracts
To enhance competition and provide greater transparency, task orders greater than $10,000,000 placed under an Indefinite Delivery, Indefinite Quantity contract are now subject to protest. Previously, a losing contractor could complain to an agency ombudsman, but could not protest the task order award to another contractor. In addition, an IDIQ contract with an estimated value of $100,000,000 or greater may not be placed with a single contractor, except under certain conditions.
Andrew Mohr is a partner in the law firm of Cohen Mohr LLP and a professorial lecturer at American University in Washington, DC. C. Kelly Kroll is an associate at Cohen Mohr. Contact them at (202) 342-2550 or at cohenmohr.com.
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