Showing posts with label regulations. Show all posts
Showing posts with label regulations. Show all posts

Tuesday, December 14, 2010

The double-edged sword of oversight

Is increased oversight a burden, or an opportunity to stand apart from the crowd?

We've been reporting for some time now that government contractors and subcontractors are coming under increased scrutiny. Previously, small business subcontractors were somewhat immune from harm, but this immunity is rapidly being whittled away. The Washington Post has noticed this phenomenon:

"The days of 'No one is checking,' are over. For too long, there was inadequate oversight." --Daniel Gordon, an administrator at the White House Office of Federal Procurement Policy

Washington Technology is reporting the same thing this week.

This increased focus on procurement regulations might have some contractors and subcontractors quaking in their boots. Oversight tends to send business owners into a panic, because it often means increased costs in a world of razor thin profit margins. No one wants to risk being debarred or suspended, or have payments withheld, especially when federal contracting can provide a crucial stream of profitable business in many industries.

But the costs need not be prohibitive, and this negative can be turned into a strong positive for contractors and subcontractors. Increased oversight is bad news for those who don't follow government regulations, but good news to those who know and observe the rules!

There are great benefits to proving competence with federal procurement regulations. A contractor who can say they have a procurement regulations management system in place is going to be much more attractive to contracting officers than those who don't. Competence is a crucial factor among contracting officers when evaluating the competition--you can place yourself above your competitors by showing that this new focus on oversight doesn't burden or scare you because you have already taken steps to ensure compliance.

FARSmarterBids.com offers the most extensive library of federal procurement regulations in one place. Not only that, but regulations can be managed: contractors and subcontractors can store key regulations in their own virtual filing cabinets for easy, repeated access, meaning they can save valuable time and energy, preserving their profit margins. Many contractors use what they learn from the service to supplement the knowledge they receive from attorneys and consultants, thus shaving hundreds to thousands off these professionals' fees. All of this is offered for a low monthly or quarterly fee--as low as $55 per month.

Of course, just knowing the federal procurement playbook in general confers benefits of its own. This knowledge helps you compete because you have a better grasp of the regulatory costs and can use that knowledge to decide on what contracts to bid.

Subcontractors, too, can use this knowledge to better compete for work. Any smart businessperson will tell you how crucial it is to know your customer--and that includes being familiar with their regulatory landscape. Subcontractors who understand what the primes are up against--including payment withholding and evaluating supply chain risk--are attractive competitors. Often, subcontractors must comply with regulations when completing work for a prime contractor--those who work within the scope of those regulations are going to find themselves better positioned for repeat work.

Also, subcontractors can better insulate themselves from lawsuits and disputes if prime contractors face penalties levied by federal contract managers or agency heads if they know their regulations. This means potentially averting costly, even business-killing litigation in the unfortunate event a prime contractor tries shifting the blame to a subcontractor in such a situation. The knowledge contained within FARSmarterBids provides a cost-effective "keep off the grass" sign to prime contractors who might try an underhanded technique to keep the heat off themselves.

We find that, far from being a costly burden, compliance with federal procurement regulations can be turned into a net positive. At very little cost, prime contractors and subcontractors can market themselves as the most capable, competent, efficient organizations with which to do business. Instead of groaning at the thought of increased oversight, companies can relish the thought of beating out the competition by playing the government's game.

Tuesday, October 26, 2010

New Regulations Needed for Government IT Contracting

It's generally known that government IT projects are some of the riskiest projects out there. They are often enormous projects, with complicated specifications and requirements. At the same time, the nation has a greater need for efficient systems than ever before. Civilian and military agencies have a lot to manage, with projects ranging from defense systems for battlefield wireless networks to systems that support the recent changes in health care.

"Cloud computing" is one hot area of research and development, and a new GSA contract will have 11 different vendors providing cloud computing and storage to a number of different government agencies. Such interagency cooperation may require new ways of defining contracts, especially for projects that require delivering a wide array of services, from storage to software licensing. This is in keeping with President Obama's creation of a new task force on interagency contracting cooperation.

Meanwhile, government contracting specialists and industry analysists are experiencing a shift in perspective. Our current contracting models simply don't work for IT projects. Software cannot be produced the same way as, say, the F-22 Raptor, or a new levee for New Orleans. Our enemies and our project requirements are constantly evolving; massive contracts with set requirements are an anathema to our ability to respond.

On top of this, massive IT projects lend themselves to poor contracting procedure, a subject we've covered in our article series "Contracting Principles the DoD Forgot," about the DoD's withholding contractor payments due to poor contract management. When you combine this new penchant among legislators and members of the Executive branch to hold back payments, with little recourse and devastating consequences for small businesses, the implications are enormous. If we do not change how IT contracts are developed and written, it will be a wonder if we have any IT vendors willing to assume the risk of contracting with the federal government at all.

Two recent articles discuss some remedies: "Bite-size procurements can minimize big-time problems" at Federal Computer Week, and "Gov't IT Contracting Reform Needed" at PCWorld. Both suggest a smaller, bite-sized, incremental approach.

What this means for federal procurement regulations is up in the air right now, but it's clear that federal acquisition regulations would need to change to better accommodate this incremental approach. Contractors need to be familiar with the FAR now, but IT vendors in particular need to keep an eye on the regulations for the foreseeable future as the President's Interagency Task Force keeps working.

Thursday, October 14, 2010

Government Contractors: Know Your Regs, or Else?

We wanted to give a shout-out to Mike Anderson over at Tech Biz Blog for noticing the same thing we have: contracting regulations matter more now than ever before. This is true not only for the big guys, but small businesses and everyone who subcontracts. No one--prime contractor, subcontractor, or federal agency--is going to want to risk working with your company unless you have a good handle on the FARS.