acquisition strategy | The Contracting Education Academy

August 11, 2020 By cs

DHS seeks permanent flexible acquisition authorities

Temporary acquisition authorities that aid the Department of Homeland Security in getting innovative commercial technologies and goods in response to the COVID-19 crisis should be lasting tools in the department’s acquisition toolbox, the agency’s top acquisition official told a Senate panel.

The DHS other transaction authority (OTA) that allows the agency to conduct pilot projects outside of the traditional competitive bidding regulations expires at the end of each fiscal year.

Soraya Correa, the agency’s chief procurement officer, told lawmakers at a recent hearing of the Senate Finance Committee that she’d like permanent authorization for OTAs.

Similarly, the Commercial Solutions Opening Pilot Program (CSOP) expires at the end of 2022. Correa would like to see that become a permanent fixture of agency acquisition.

Keep reading this article at: https://fcw.com/articles/2020/07/29/rockwell-covid-acquisition-dhs.aspx

June 10, 2020 By cs

DoD’s AI center seeks own acquisition authorities

Having its own mechanism for purchasing artificial intelligence will increase speed, according to the Joint Artificial Intelligence Center’s chief.

In the two years since its conception, the Pentagon’s Joint Artificial Intelligence Center has built out its staff from four people to 175 and now commands an annual budget of approximately $240 million.

And while the JAIC has been able to meet the Defense Department’s mission demands so far, its chief — Lt. Gen. Jack Shanahan — believes that the JAIC will need its own acquisition authorities to meet future technological demands.

“What I need honestly is our own acquisition authorities in the JAIC, I don’t have them right now,” Shanahan said Thursday, speaking at a virtual event held by AFCEA. “If I project another year or two forward, we are going to have to come up with different models.”

Keep reading this article at: https://www.nextgov.com/emerging-tech/2020/05/defense-departments-ai-center-seeks-own-acquisition-authorities/165657/

June 1, 2020 By cs

Census Bureau seeks industry input on cybersecurity acquisitions strategy for next decade

With data collection for the 2020 census underway, the bureau is thinking about how artificial intelligence and other capabilities might help address sore points.

With government watchdogs eyeing its operations, the U.S. Census Bureau issued a request for information as it decides on acquisitions it might make to improve cybersecurity in a number of areas.

The centuries-old decennial census is being conducted digitally for the first time this year, a herculean effort that is projected to cost $15.6 billion and opened the count to new cybersecurity vulnerabilities.

“The purpose of this request for information is to provide information to the United States Census Bureau to help determine an acquisition strategy for cybersecurity for the coming decade,” reads the document posted to betaSAM.gov. “The USCB believes industry holds the most current and best practices in these areas impacted by cybersecurity and seeks recommendations on how to best acquire the needed industry knowledge and expertise and achieve benefits in accordance with federal requirements.”

The Census Bureau’s cybersecurity posture has received some stern criticism from the Government Accountability Office in the years leading up to the current count. And the RFI is looking for input to address some of the very weaknesses GAO flags.

Keep reading this article at: https://www.nextgov.com/cybersecurity/2020/05/census-bureau-seeks-industry-input-cybersecurity-acquisitions-strategy-next-decade/165621/

March 5, 2020 By cs

GAO declines to limit DoD’s ‘experimental purchasing’ authority

In its recent decision in Air Tractor, Inc., the Government Accountability Office (GAO) held that the Department of Defense (DoD) may, at its own discretion, begin a project with agreements under its prototyping Other Transaction (OT) authority, and award later phases of the same project on a sole source basis under its experimental purchasing authority.

In the decision, GAO discussed distinctions between these avenues, and gave a broad reading to the DoD’s authority to award contracts for experimental work.

The past few years have seen a swell of interest in DoD’s ability to sidestep the Federal Acquisition Regulation (FAR) and use more flexible OT authority to enter into contracts. Thus far, the majority of this interest has centered on DoD’s OT authority to enter into prototype projects, now codified at 10 U.S.C. § 2371b.

One of the most powerful features of DoD’s prototype OT authority is that DoD may award a sole source follow-on production contract for a successful prototype. Congress included some limitations on this authority to award sole source follow-on production contracts at 10 U.S.C. § 2371b(f). For example, in its decision in Oracle America, Inc., GAO confirmed that DoD must comply with all notice and other specific preconditions at the prototyping stage in order to award a sole source follow-on production contract.

However, prototype OT authority is not DoD’s only authority to award sole source contracts. The Competition in Contracting Act (CICA) itself allows for sole source awards in certain circumstances. In DRS Sustainment Systems, GAO held that DoD need not comply with 10 U.S.C. § 2371b(f) to award a sole source production contract where DoD invokes one of CICA’s exceptions to separately justify the sole source award. In addition, under 10 U.S.C. § 2373, DoD has authority to make sole source purchases for items it “considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense.”

In Air Tractor, GAO held that DoD properly relied on its “experimental purchasing” authority under 10 U.S.C. § 2373 to purchase a set of full production light attack aircraft for use in “experiments” to determine the best use of such planes in combat support. GAO found that this purchase was acceptable because it met the requirements of § 2373 alone, regardless of the Air Force’s initial use of its § 2371b prototype OT authority to compare various candidate aircraft. GAO confirmed that while it will exercise jurisdiction to ensure agency compliance with various statutory authorities to award non-procurement contracts, GAO will not impose requirements beyond those stated in the statutes. In upholding the Air Force’s acquisition strategy, the Air Tractor decision provides valuable insight as to the broad scope of § 2373 “experimental purchasing” authority.

Keep reading this article at: http://www.mondaq.com/unitedstates/Government-Public-Sector/895672/GAO-Declines-To-Limit-DoD39s-Experimental-Purchasing-Authority

January 31, 2020 By cs

Army cancels $45-billion armored vehicle contest that drew one bid

The U.S. Army says it will reevaluate its effort to replace the Bradley Fighting Vehicle after just one company submitted a qualifying bid in the $45-billion contest.

**M2 Bradley Fighting Vehicle** (photo courtesy U.S. Army)

“Based on feedback and proposals received from industry, the Army has determined it is necessary to revisit the requirements, acquisition strategy and schedule before moving forward,” the Army said in a recently released statement.

The statement did not mention that only General Dynamics submitted an eligible bid. The Army disqualified a Raytheon-Rheinmetall team because it was unable to get its German-made Lynx fighting vehicle to the United States by Oct. 1. SAIC and Bradley-maker BAE Systems did not submit bids.

**The U.S. Army Futures Command is the Army command focused on modernization.**

Thursday’s decision is a setback for Army Futures Command, founded in 2018 to lead the modernization of the service’s weapons. But the Army did live up to Secretary Ryan McCarthy’s edict: “If you fail, we’d like you to fail early and fail cheap.”

After several failed attempts to buy new combat vehicles, the Army tried to fast-track the Bradley replacement, which it calls the Optionally Manned Fighting Vehicle. But the speed helped contribute to its demise.

Keep reading this article at: https://www.defenseone.com/business/2020/01/army-cancels-45b-armored-vehicle-contest-drew-one-bid/162504/

Temporary acquisition authorities that aid the Department of Homeland Security in getting innovative commercial technologies and goods in response to the COVID-19 crisis should be lasting tools in the department’s acquisition toolbox, the agency’s top acquisition official told a Senate panel.

Having its own mechanism for purchasing artificial intelligence will increase speed, according to the Joint Artificial Intelligence Center’s chief.

With data collection for the 2020 census underway, the bureau is thinking about how artificial intelligence and other capabilities might help address sore points.

The U.S. Army says it will reevaluate its effort to replace the Bradley Fighting Vehicle after just one company submitted a qualifying bid in the $45-billion contest.

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