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April 13, 2010 By AMK

House panel proposes more defense contracting reforms

House Armed Services Committee leaders plan to introduce legislation April 14 that would push for more reforms of the Defense Department’s acquisition system, including workforce management, competition and financial management deficiencies.

Named the IMPROVE Acquisition Act, the proposal seeks to fix the remaining 80 percent of the procurement system left untouched by major reforms in 2009, the committee said.

The bill aims to overhaul the acquisition system, getting equipment to the warfighter in combat faster and saving an estimated $135 billion over the next five years, the committee said.

The committee said the legislation would require DOD to comprehensively manage its acquisition system and its acquisition workforce. It would reform financial management through incentives. The bill would enhance competition for contracts by “responsibly” expanding DOD’s industrial base to gain access to more cutting-edge technology.

The proposals are based on the committee’s Defense Acquisition Reform Panel, the committee said. The panel offered recommendations to the committee last month on how Congress could fix problems in the defense acquisition system.

After nearly a year of hearings, the panel concluded DOD’s antiquated acquisition system and policies present major problems in fulfilling today’s mission needs. The out-of-date system contributes to program costs ballooning beyond expectations, according to its report from March.

In its report, the panel said DOD should get more from the industrial base by improving contracting and competitive practices and should push for better innovation and make use of small and mid-tier businesses. Panel members want DOD to repeal a rule that allows agencies to withhold 3 percent of contract payments in anticipation of taxes owed to the Treasury Department. The panel called the rule a “new obstacle” to getting into the commercial marketplace. Some companies without tax problems won’t offer bids because of such rules, it said.

The panel recommended DOD expand its Office of Performance Management and Root Cause Analysis, which would track acquisition workforce performance based on predetermined benchmarks and “would promote real consequences.”

The report has proposals for new regulations for fair and transparent acquisition workforce hiring, assignments and performance appraisal. Specifically, the panel said DOD should extend the Acquisition Workforce Demonstration Program, which aims to improve personnel management and policies. The program is set to expire in 2012.

“There is no doubt that the department needs an acquisition workforce that is as capable as its advanced weapons systems,” Rep. Rob Andrews (D-N.J.), who was the panel’s chairman, said in February.

— by Matthew Weigelt – Apr. 13, 2010 – Federal Computer Week

Filed Under: Government Contracting News Tagged With: acquisition workforce, competition, DoD, innovation, performance, procurement reform

June 24, 2009 By AMK

Agencies turn to GSA Schedules for T&M contracts

The vast majority of commercial services purchased on time-and-materials contracts went through the General Services Administration’s Multiple Award Schedules program, according to a report issued today. But it also said regulations showing that a T&M contract was the only option have not been applied to the program.

Agencies bought $9.1 billion worth of services on T&M contracts from February 2007 to December 2008, the Government Accountability Office said in the report. However, contracting officers could circumvent a Federal Acquisition Regulation’s rule requiring more details on why the officer wasn’t using a type of contract with less risk than a T&M contract.

Under T&M contracts, companies are paid for their time and their materials. The contract type is very risky for the government because costs can grow significantly in a short amount of time.

In 2007, the FAR was revised to allow agencies to use T&M contracts to buy commercial services using a streamlined procurement process. There were safeguards though. One of them required contracting officers to write a detailed determination and findings report to proving why no other contract type was suitable for the purchase.

GSA officials told GAO that the GSA administrator can decide what procedures apply to the program. The program is unique from usual contracts, and legislative language is unclear as to whether the rule requiring contracting officers to justify their decisions to use a T&M contract applies to the Schedules. In a legal opinion, GSA said the Schedules program has other safeguards requiring contracting officers to check that prices are reasonable.

GAO wasn’t convinced though. “It is not apparent to us that the regulations cited by GSA provide the government with risk mitigation equivalent to that provided by” the FAR requirement, it wrote.

However GSA officials said they were working to develop a similar rule that requires contracting officers to show why the T&M contract was the only option.

GAO recommends that regulators amend the regulation to make it clear that the FAR’s safeguard applies to the Schedules program.

— by Matthew Weigelt – June 24, 2009 – Federal Computer Week

Filed Under: Government Contracting News Tagged With: GAO, GSA, GSA Schedules, time and material

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