MILLER ON PROCUREMENT.

The one- percent incentive has made GSA a driven agency. Now they have a new law enforcement schedule for diverse items, which may be sold to police groups. It appears to have no limits including GSA allowing access to state and local police agencies.

We have no clue where GSA might have authority to open schedules to city and state agencies since Congress rescinded the previous bill, which would allow this.

We are also concerned that it might interfere with channels and firms that are already doing this work.

But once again we urge all to periodically scan the entire repertoire of schedules as there are usually several which might be suitable for most firms.

Most disturbing is the fact that GSA has absolutely no way to enforce FAR 8.4 on the buying habits of states. This means that Illinois may give me a $500 million sole source from the schedule when you have the identical product on yours for 5% less. You are probably helpless. He who lives by the sword may die by it.

***GOVERNMENT SALES ORGANIZATION***

Recently we wrote about how so many large firms are poorly prepared and structured to do government business. Here is a list of areas most firms need to address.

1. They have the ability to lease and to carry their own leasing papers.

2. They have a GSA schedule or three.

3. They have the ability to provide standard and non-standard products.

4. They have the ability to provide systems solutions.

5. They have access to D.C. legal council.

6. They have access to D.C. area contracting assistance.

7. They have a federal area benchmark team.

8. They have a central bid registry.

9. They have a Federal Vice President reporting to the CEO.

10. They have a Federal Marketing group.

11. They use life cycle costing software.

12. They have a centralized proposal response team.

13. They have the ability to provide Tempest or government special products.

14. They provide a separate commission plan for federal sales people.

15. They have the ability to negotiate Teaming Agreements.

16. They have subcontracting and prime contracting strengths and skill.

17. They have a corporate headquarters and D.C. area procurement library.

18. Cost plus does not frighten them.

19. They understand Boeing is a federal account.

20. They understand FAST, FISSIP, FAR and FACNET.

***PROTESTS***

A widely held belief among people doing federal business is that a protests costs far too much and it is not good business because the agency will retaliate. I reject both claims as being factual. Now a protest can cost hundreds of thousands but you only do this when you are right, think you can win and millions are at stake. And in many instances the feds have to pay your legal fees if you win. But I have been involved in probably more than 1000 protests.

Here are a couple. I submitted a bid to Treasury and a two page protest that took only an hour or so. About a month later, the agency called and told me they had denied by protest on their RFP. I thanked the CO and told him I would now decide if I wanted to pursue the issue in another venue. He said while I was deciding could I stop by at 2PM. I asked why and he said to pick up my contract. I had won the bid.

In another case I read in the CBD about a sole source to OT & T. I operate under the assumption that any sole source to IBM or AT&T is most likely illegal and that while the government does about 40% of their business, about 80% of this sole source business is certainly illegal.

I wrote a one-page protest to the USDA Competition Advocate that this was most certainly an improper sole source. And I did not even care if they did the sole source. I had no client interested. But if you don't drive your car for three years your skills diminish. Same is true of protests. When was your last protest?

This entire protest took on first class stamp, one page of paper and one envelope and about 15 minutes to create. Within about 10 days the sole source was canceled.

Vendors only win about 10% of GAO protests. Most of them are not skilled or they get their legal help in Boise or San Diego. Boise is where you get help in hunting elk. San Diego is where you get help to surf or deep-sea fish.

There are no dog sled trainers in Tampa, are there? But here is exhibit A. Remember the $25 billion GSA FTS RFP? It was awarded by Carol Hall, CO, 60% to AT&T and 40% to Sprint.

Then the contract came to an end. Just prior to the end, MCI filed a protest against a proposed GSA tech refresh with AT&T. The court in B-276659.2 ruled the tech refresh was a cardinal change and out of scope and denied GSA the right to pursue the sole source with AT&T. Carol was long gone and some other CO did this.

Now comes the new FTS 2001 RFP. Who wins? Sprint sine 60% and MCI wins 40%. For the first time in American history AT&T is no longer the dominant voice career in federal.

Don't file any protest as you will only make the Captain mad and he will get you.

***SMALL BUSINESS***

The government is rushing to bundle contracts into one big RFP to the detriment of many large and small incumbents and to the advantage of a handful of major primes.

What we need in America is a law that SBA determines the % of employment for large business versus small and that then becomes the target quota for federal contracts. I do not know now what that percentage is. Perhaps a reader can assist.

But I do know that small firms provide, by far, the most new jobs and are the growth engine for America. Yet the feds so often lie and am cheat to do business with large firms. They almost always pay more when they do and often get less skill. But who cares because it feels so good and makes us feel so comfortable.