GSA Requires Cyber Plans for Contractors

In a final rule published January 6th in the Federal Register, prime- and sub- contractors providing the General Services Administration with information technology supplies, services or systems are required to submit an IT security plan outlining compliance with federal cybersecurity regulations. The rule applies to contracts and orders awarded after January 6, 2012 that include information technology (IT) supplies, services and systems with security requirements.

Contractors must provide GSA access to facilities, installations, operations, documentation, databases, IT systems and devices, and personnel used in performance of the contract, “to the extent required, in GSA’s judgment,” for inspection or audit.” The GSA recognized formally that the rule would have “a significant economic impact on a significant number of small entities.” Read the full rule here.

FAR Council Implements Interim Rule Authorizing Agencies to Set Aside Task & Delivery Orders Under Multiple Award Contracts for Small Businesses

The FAR Council recently extended the deadline for submission of public comments for an interim rule which expressly authorizes agencies to utilize small business set-asides for various multiple award contracts. This interim rule reverses the rule (currently expressed in FAR 8.404(a)) that FAR Part 19 set-asides were not applicable for multiple award contracts. The FAR Council previously issued an interim rule on November 2, 2011, at 76 Fed. Reg. 68032, to amend the FAR to implement section 1331 of the Small Business Jobs Act of 2010 (Jobs Act). This section of the Jobs Act addresses small business set-asides for task and delivery orders under multiple-award contracts, partial set-asides under multiple-award contracts, and the reservation of one or more multiple-award contracts that are awarded using full and open competition. Until  the Small Business Administration (SBA) promulgates a rule implementing section 1331 with more detail, the interim FAR rule is designed to allow agencies to begin meeting their small business contracting goals by setting aside task and delivery orders placed against certain multiple-award contracts. Pursuant to this recent notice, published on January 12, 2012, at 77 Fed. Reg. 1889, the FAR Council extended the deadline for submission of comments to February 3, 2012.

Under the interim rule, federal agencies are encouraged to set aside task and delivery orders placed against certain multiple-award contracts for small businesses if (a) the remaining period of performance extends at least six months after the effective date; and (b) the amount of work or number of orders expected under the remaining performance period is substantial. The rule also permits agencies to reserve one or more multiple-award contracts awarded with full and open competition for small businesses.

Although set-asides are one of the most effective tools agencies have at their disposal to help small businesses participate in government contracting opportunities, the FAR previously was silent regarding how to apply set-asides at the task-or-delivery order level. The interim rule amends:

  • FAR subpart 8.4 and FAR subpart 38.1 to make clear that set-asides may be used in connection with the placement of orders and blanket purchase agreements under Federal Supply Schedule contracts;
  • FAR subpart 12.2 to acknowledge that discretionary set-asides may be used if placing an order under a multiple-award contract;
  • FAR subpart 16.5 to acknowledge that set-asides may be used in connection with the placement of orders under multiple-award contracts, notwithstanding the requirement to provide each contract holder a fair opportunity to be considered;
  • FAR part 19 to add a new section authorizing agencies to (1) use set-asides under multiple-award contracts, including set-asides for small businesses participating in the small business programs identified in FAR 19.000(a)(3); and (2) reserve one or more contract awards under multiple-award contracts for small businesses, including any of the socio-economic groups.

The interim rule also amends solicitation provisions and contract clauses, including FAR 52.219-6 to provide notice of total set-asides and partial set-asides under multiple-award contracts, and revises existing contract clauses to address limitations on subcontracting for small businesses under multiple-award contracts. The FAR Council expects agencies to take advantage of set-asides under multiple-award contracts by (1) identifying existing or prospective multiple-award contracts with small business contract holders where order set-asides may be appropriate, and (2) maximizing opportunities for small business by utilizing order set-asides under the Federal Supply Schedule Program.

CONTACTS

For further information regarding the topic discussed in this update, please contact one of the professionals below, or the attorney or public policy advisor with whom you regularly work.

Richard B. Oliver
213.243.6169

Alison L. Doyle
202.496.7604

Andrea Fontana
213.243.6159


About McKenna Long & Aldridge LLP l McKenna Long & Aldridge LLP is an international law firm with 475 attorneys and public policy advisors. The firm provides business solutions in the areas of complex litigation, corporate, environmental, energy and climate change, finance, government contracts, health care, intellectual property and technology, international law, public policy and regulatory affairs, and real estate. To learn more about the firm and its services, log on to mckennalong.com.

Chertoff Group & GTSC Form Strategic Alliance

The Chertoff Group and the Government Technology & Services Coalition have joined forces to work with members of the Coalition to contribute to thought leadership development on strategies and tactics for mid-sized companies in the Federal market; approaches for small companies to survive and thrive; and opportunities for GTSC members to contribute in the Federal security space.

Read the full press release here.

January 25: Cyber Security Strategy Meeting

Join us for the first in a series of MEMBERS ONLY strategic sessions on the federal cyber security market — how Coalition members should view its opportunities and its challenges. This session will take a look at where cyber security funding is being directed and what kind of help Federal agencies will need to spend it wisely and to the best effect.
The session will also serve as a starting point for a broader thought leadership effort on how the public sector can become leaner and more effective through best practices in management and better use of qualified contractors.

Dr. Steven Bucci will lead this session with facilitation and subject matter expert support from Former DHS Inspector General Richard Skinner, Michelle Mrdeza and Kristina Tanasichuk. Other subject matter experts will be announced shortly. Registrants will receive a more detailed outline of the agenda, goals and requirements for the meeting in early January.

WHEN: January 25; 10:00 am – 12:00 pm
MEMBERS ONLY – REGISTER NOW

January 11: CEO to CEO Roundtable with DSCI, Inc.

Join us for “Coffee Talk” with Susan K. Hopkins, CEO & Founder, Dynamic Security Concepts, Inc. (DSCI)
REGISTER
10:00 am – 11:30 am | Battelle Memorial Institute
MEMBERS ONLY
Susan K. Hopkins founded Dynamic Security Concepts, Inc. (DSCI) in 1995 and has grown the company to over $10 million in revenue. DSCI is a woman-owned small business with offices in Arlington, VA, and southern New Jersey. Susan has forged strong partnerships with the Science & Technology (S&T) Directorate of the Transportation Security Administration (TSA), U.S. Department of Homeland Security and the Federal Aviation Administration. Her company’s expertise includes systems engineering, design, test, and deployment of security equipment including Explosives Detection Systems (EDS) to support DHS’s mission of securing and managing our nation’s critical infrastructures and borders. DSCI’s experienced, knowledgeable staff of systems and process engineers supports the full systems life cycle, from the Research, Development, Test and Evaluation (RDT&E) laboratory to operational environments throughout the United States. DSCI has also demonstrated its systems engineering and human factors engineering capabilities by conducting testing, and developing related documentation, at the Transportation Security Laboratory (TSL) in New Jersey and the TSA Systems Integration Facility (TSIF) at Ronald Reagan National Airport, Washington, DC.
Susan is personally committed to the DHS mission as a first responder; she is a volunteer firefighter. Susan drives this passion and focus to her company, taking risks when needed to support innovation and technology evolution throughout DHS. Susan’s international experience includes global security consulting. She performed analyses and made recommendations about the cultural impacts of technology upon Western European, Middle Eastern, and Asian countries.
Susan holds a M.S. Software Engineering from Monmouth University, and a B.S Information Systems Management from the University of Maryland.

Susan also serves in the following federal, state, and local community organizations:

Board of Directors for Homeland Security & Defense Business Council (HSDBC)
· Board of Directors for the New Jersey Shore Council’s Executive Board for the Boy Scouts of America
· Member of the Women in Homeland Security
· Mizpah NJ Atlantic County Volunteer Firefighter

GTSC at Army IT Day December 14

Join GTSC at AFCEA NOVA’s 11th Annual IT Day, “IT Day: Building the Army’s Warfighter Enterprise of 2020 — Effective, Affordable and Defensible” at the Hilton McLean Tysons Corner from 8:00am – 5:00 pm. We’ll be speaking on a panel entitled “Small Business opportunities” at 2:00.

GTSC Member Julie Hassett featured on CNN’s American Sauce

Government Technology & Services Coalition member Julie Hassett was featured on CNN’s American Sauce discussing how gridlock in Washington devastates small business contractors and slows the progress of the government’s work. The piece focuses on the “victims” of gridlock and “the new normal” of partisanship in Washington, D.C. Heartening to see that the impact of political gridlock on jobs is finally getting some attention. The public does not realize that “gridlock” means that the government’s work comes to a stop and that small and mid-size business gets caught in the middle and our economy gets lost in the weeds. The mission is to grow our economy and accomplish fundamental government tasks such as national and homeland security. Hear the entire piece here.

GTSC, Fmr Asst. Sec. of Legislative Affairs for DHS Chani Wiggins speak at IEEE

GTSC and Strategic Advisor to the Coalition, Chani Wiggins, Former Assistant Secretary of Legislative Affairs at the U.S. Department of Homeland Security spoke at the IEEE International Conference on Homeland Security in Waltham, MA today. The session entitled “Doing Business with DHS” provided an overview of working in the Federal market, particularly with DHS and the Coalition was joined by Mike Kelly, Senior Advisor to TASC on homeland security and defense. For more information on the panel, please contact Kristina Tanasichuk.

Oct 28, 2011: Roundtable with U.S. Customs & Border Patrol

Keynote Sharie Bourbeau
Assistant Commissioner and Principal Executive for Program Development, CBP

Rountable Participants
Valerie Isbell
Executive Director, Passenger Systems Program Office
Linda Jacksta
Executive Director, Cargo Sytems Program Office
Colleen Manaher
Director, Western Hemisphere Travel Initiative
Sara Schroerlucke
Director, Northern Border Division
Other Speakers TBA

Join us for this important roundtable to discuss the priorities and opportunities at U.S. Customs & Border Protection for small and mid-sized companies working in the homeland / security space and how partnership may ease some of the budgetary constraints faced by the Department.

This briefing will focus on CBP’s direction, the impact of the budget crisis and how partnership with small and mid-sized companies may help achieve CBP’s mission with greater value.