Biden-Harris Administration Announces the “Better Contracting Initiative” Strategy

Source: Crowell

On November 8, 2023, the Biden-Harris Administration announced the Better Contracting Initiative (BCI), a four-pronged initiative to ensure that the federal government is getting the best terms and prices when purchasing goods and services. The federal government purchases billions of dollars’ worth of goods and services each year; however, the Administration is concerned that agencies pay inconsistent prices and often more than market price. The BCI strategy is to improve how federal agencies procure innovative technologies and leverage data to make smart buying decisions by utilizing the following four steps as detailed below.

Leveraging Data Across Agencies to Get Lower Prices and Better Terms

The Office of Management Budget (OMB) is launching a centralized data management strategy to strengthen acquisition and enhance market and supply chain intelligence, by sharing and analyzing acquisition data across the federal enterprise. Data will be provided to agencies through on-demand tools and resources. For example, the Administration will provide a tool populated with centralized product pricing data (e.g., data on federal sales, commercial benchmarks, and information about vendors and contracts), which will allow agencies and contracting professionals to identify market and supply chain intelligence and the best value solution. Notably, this tool will also help “advance equity” by allowing agencies to search information to support a procurement decision on whether to use a small business set-aside either on an existing contract or the open market.

Negotiating Common Enterprise-Wide Software Licenses

The General Services Administration (GSA) will lead negotiations for a government-wide IT software license agreement with a large software provider. The purpose is to help reduce price variance, receive more favorable terms and conditions, capture 25% in efficiency gains, and avoid cost and time spent researching and negotiating separate individual contracts for the same common requirement.

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Overseas firms on a journey to establish themselves as U.S. entities

Source: SpaceNews

With sights set on the world’s most lucrative space and defense market, many overseas companies have set up shop in the United States.

Notable successes include European firms like BAE Systems and Airbus, which have become prominent members of the U.S. industrial base. Following in their footsteps are a new crop of overseas space and intelligence companies seeking to fill U.S. government demand for cutting-edge commercial technologies.

Artist’s rendering of Exotrail’s orbital transfer vehicle. Credit: Exotrail

“Our goal is to move deeper and deeper into government work,” said Tyler Browder, CEO of Exotrail U.S.

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SBA Tightens Enforcement of HUBZone Regulations

Source: Piliero Mazza

Government contractors maintaining or seeking HUBZone certification should make themselves aware of the Small Business Administration’s (SBA) recent efforts to tighten and enforce new and existing rules surrounding the HUBZone program. In this client alert, PilieroMazza details the SBA’s enforcement efforts and the major implications for HUBZone contractors who do not comply with program requirements.

On September 20, 2023, the SBA issued a press release announcing its plan to strengthen enforcement of HUBZone regulations. The press release, titled “U.S. Small Business Administration Acts to Safeguard Integrity of HUBZone Program,” indicates the SBA will be more diligent in overseeing the HUBZone program and eliminating firms where there is noncompliance. The SBA is taking a closer look at HUBZone-certified employees, their job descriptions, and the scope of their work to ensure compliance with the program’s requirements.

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