Dear ASA Members,
I have always appreciated the start of a new year and the incredible opportunity it gives us to make new beginnings, fresh starts, and important upgrades in not only our own lives but in everything around us. I challenge each of you to make every day in 2021 better than the one before it, and I am confident that together we will accomplish amazing feats.
Advocacy continues to be at the forefront of all that we do at ASA. Fighting for the needs of the subcontracting community is, and will always be, one of the most important things we do as an organization. I want to offer my sincere congratulations to ASA’s Government Relations Committee for their successful advocacy efforts on many legislative and regulatory victories. These achievements will definitely have ASA in the driver seat as we enter the 117th Congress.
Before we embrace the start of the 117th Congress, however, we must recognize the last two legislative achievements we accomplished prior to the end of the 116th Congress regarding the ban of reverse auctions in construction services and unfair competition. On December 17, 2020, Reps. Huizenga (R-MI) and Brooks (R-AL) introduced the Small Business Protection Act, which would modify the authority of the Federal Prison Industries (FPI) to eliminate their unfair competitive practice of mandatory sourcing of government contracts and small business set asides. Additionally, the legislation would require the Small Business Administration, the Department of Labor, and the Attorney General to submit a report to Congress on the FPI’s manufacturing items or providing professional services solely made or offered overseas.
On December 27, 2020, President Trump signed the FY21 Omnibus Appropriations / COVID-19 Package, which included the prohibition of reverse auctions in federal construction services. This has been a long-standing ASA legislative issue. This procurement method often favors businesses offering the lowest price, rather than those that are most qualified, which will compromise quality, overlook small businesses, or even require a new bidding process down the road, eliminating any initial savings. Reverse auctions are ultimately inappropriate platforms for design-build contracts, which require design concepts, key personnel, and technical solutions to be incorporated into any successful final decision. Additionally, on December 7, 2020, the Defense Department, the General Services Administration, and NASA proposed to amend the Federal Acquisition Regulation (FAR) to provide guidance on the use of reverse auctions. ASA plans to submit comments on this guidance.
I hope you are all as excited for 2021 as I am. While 2020 was a year that saw struggles we will never forget, I truly believe that it all made us stronger than we’ve ever been. That confidence makes me incredibly hopeful for the future, and I can’t wait to see where it takes us.
Stay safe, stay healthy, and stay strong.
God Bless,
Brian Cooper
ASA President 2020-2021
