Time’s run out for TikTok with government contractors

New FAR and state rules clamp down on the social media platform

By Skyler Handl, Corporate Counsel Public Sector

You’ve likely heard the rumblings in the news, at both the federal and state levels, regarding national security concerns and the popular social media application TikTok, owned by ByteDance. On August 6, 2020, President Trump issued Executive Order 13942 banning the use of TikTok in the United States. TikTok received a preliminary injunction that prohibited the enforcement of the executive order, and President Biden rescinded the executive order in 2021. In early 2023, Congress acted to renew the effort to restrict TikTok. Their action included a prohibition on TikTok in the Consolidated Appropriations Act 2023 which directed the Office of Management and Budget (“OMB”) to further implement the ban. OMB released guidance (M-23-13) on February 27, 2023, extending the prohibition to federal contractors.

On June 2, 2023, the FAR council published FAR Case 2023-010 ( Prohibition on a ByteDance Covered Application). This interim rule amends FAR part 4, adding a new subpart 4.22, Prohibition on a ByteDance Covered Application, with a corresponding new contract clause at 52.204–27, Prohibition on a ByteDance Covered Application. The FAR clause at 52.204–27 prohibits contractors from having or using a covered application, including TikTok or any successor application of TikTok, on any information technology owned or managed by the federal government or on any information technology (IT) used or provided by the contractor under a contract, including equipment provided by the contractor’s employees.

Read more of this post

Debt ceiling deal impacts IT budgets

What federal IT contractors need to know about the legislation

By Grier Eagan, Senior Market Intelligence Analyst

With the expected passing of the debt ceiling legislation, which locks in federal civilian spending until January 2025, contractors who sell IT to the government face a shifting landscape. While the Federal Civilian FY24 IT budget will cap at $56.4 billion, identical to the budget passed in FY22, opportunities still exist for those nimble enough to adapt.

Despite this cap representing a $6.9 billion decrease from the IT budget originally requested for FY24, IT vendors should take solace in the fact that the FY25 budget will see a marginal 1 percent increase. However, considering the current annual inflation rate of 4.93 percent as per the Consumer Price Index, this means that the federal civilian government will have approximately 4 percent less buying power under the FY25 budget than the FY24 budget.

Read more of this post

Accelerate cloud sales to the SLED market | Uniform Guidance

Using a contract that was procured in accordance with Uniform Guidance, 2-C.F.R. Part 200, allows state and local (SLED) customers to bypass the traditonal request for proposals (RFP) process. The RFP process is often necessary to execute a deal; it is time consuming and labor intensive. The process can often be bypassed. 

immixGroup recently earned a publicly procured, competitively solicited contract award for Equalis Group Cloud Solutions contract with the Cooperative Council of Governments (CCOG). This contract allows IT suppliers and IT resellers to provide, through EC America, cloud products and services to public sector entities across the country through a legal and compliant exemption to the traditional RFP process. This contract was procured and awarded in accordance with the requirements of the Uniform Guidance.

It’s the perfect time to advise customers about the benefits of using this legal and compliant exemption

Read more of this post

Selling cyber now means understanding FITARA

Feds update FITARA metrics to include agency performance in critical cyber needs.

By Tara Franzonello, Program Development Manager

The U.S. House of Representatives Committee on Oversight and Reform (COR) released its 15th  Federal Information Technology Acquisition Reform Act (FITARA) scorecard in December 2022. This latest scorecard introduced a new category for cyber security. 

Agencies’ protests against enacting this key IT legislation have high visibility from agency chief information officers (CIOs) to the General Accounting Office (GAO) to Congress. Technology vendors have an advantage over their competition if they can help agency customers show progress in measured categories. This is now particularly important for FITARA because agency self-assessment for compliance happens every spring.

Why FITARA matters for federal cyber security sales

Read more of this post

FedRAMP and StateRAMP continue to align on cyber security

By Chauncey Kehoe, Contracts Manager, State, Local, and Education

Recent federal legislation is driving states to follow suit to similar cyber regulation.

During the last few years, we have highlighted the importance of StateRAMP as it pertains to infiltrating the SLED market and staying ahead of contract requirements. Now those things will be made easier with StateRAMP’s new Security Snapshot. For those manufacturers who have not yet received StateRAMP Verified status, you can leverage the StateRAMP Security Snapshot for a small fee and understand your product’s maturity level.

Read more of this post

Important Considerations in an M&A

Four Issues to Consider Before Buying

By Skyler Handl, Corporate Counsel, Public Sector

If you are looking to divest your public sector-focused business or complete an acquisition this year, there is one statistic that should provide pause. According to a recent Harvard Business Review article, 70 to 90 percent of all mergers and acquisitions (M&As) fail. Overpayment and underperforming M&A are common results. Here are some key factors that may impact your decision, valuation, and success.

Read more of this post

Win the Chance to Bid

Tips and techniques for successful RFP responses

By Kevin P. Young, Principal Market Intelligence Analyst

How can you improve the odds of your RFP being seriously considered? There are five general rules that will help keep you from making the most common mistakes that disqualify many RFPs.

The last thing a government contractor wants is to have their bid rejected because they did not correctly complete the government’s Request for Proposals (RFPs). However, rejections for incorrect RFP response are actually a common occurrence. With so many companies competing for federal business, RFPs are often rejected for non-conformity and sloppiness.

Read more of this post

Are you up to speed on cooperative agreements in SLED?

This often-overlooked tool can expedite procurement for sellers

By Benjamin Harris, SLED Market Intelligence Analyst, immixGroup

Newcomers to the state, local and education (SLED) market need a better understanding of certain contracting vehicles as they make their way through this area of procurement. A fundamental difference exists between the standard purchasing agreements used widely in the federal market and “cooperative agreements,” or cooperative purchasing contracts, that are part of the SLED sales toolbox.

Read more of this post

SLED Contract Spotlight on The Midwestern Higher Education Compact (MHEC)

While it’s a niche contract, it has the potential to reach into all but three states

By Jessica Wilhelm, Contract Specialist, immixGroup

It’s often the “biggest” and “broadest” contract vehicles that gain the most attention in the public sector. And with good reason, as organizations with limited time and resources often find many opportunities in such contract vehicles. However,  the Midwestern Higher Education Compact, or MHEC, (Midwestern Higher Education Compact mhec.org) IT Security Services Contract, while being a niche contract, is worth examining.  It is unique and worth considering for those organizations that are searching for SLED opportunities.  

Read more of this post

GSA Advantage suspensions and how your GSA contract is impacted

Order status reporting, why its important, and what to do if your contract is suspended

By Gina Brown, Manager, Federal Contracts, immixGroup

If you have a GSA Multiple Award Schedule (MAS) contract, you are familiar with the requirement to have your approved GSA offering uploaded onto GSA Advantage — the online shopping and ordering system. Recently, GSA surveyed agency customers and found customers wanted greater visibility into order status (e.g., shipped, cancelled, backordered). With this awareness, GSA set a goal to improve the customer buying experience and released a mass modification that required all MAS contract holders to provide a status on all GSA Advantage orders received in the GSA Advantage Purchase Order Portal.

Read more of this post
%d bloggers like this: