Coast Guard | The Contracting Education Academy

June 4, 2019 By AMK

Can contracts be awarded without pricing?

Since the enactment of the Competition in Contracting Act in 1984, price has been an essential element of every contract awarded by the Federal Government under the Federal Acquisition Regulation, along with technical capability and (more recently) past performance. In addition, before making an award, every contracting officer must determine that the price offered by the winning offeror(s) is “fair and reasonable.”

Agencies have wide discretion in establishing the value of the factors and subfactors under each of these three elements, and frequently price is identified as the least important of the factors to be evaluated.

But what if the price on a solicitation was not a factor to be evaluated at all? As part of the Professional Services Council’s long-standing acquisition reform advocacy agenda, we supported just such an experiment and it is now in effect for some agencies.

In Section 825 of the Fiscal Year 2017 National Defense Authorization Act (NDAA), Congress provided that, for multiple-award indefinite delivery/indefinite quantity (ID/IQ) contracts, DoD, NASA and Coast Guard buying activities are not required to evaluate cost or price during the evaluation of the formation of the ID/IQ contract, provided other conditions are met. If cost or price is not evaluated at formation, however, cost or price must be an evaluation factor in conjunction with the issuance of any task or delivery order under such awarded contract. The Professional Services Council strongly supported that legislative proposal.

What all of these ID/IQ solicitations and resulting contracts have in common is that there is actually no work associated with the formation of the base contract. All of the actual work is solicited under task or delivery orders issued once the base contract is in place. As such, we argued that agencies were creating irrelevant price evaluation factors in order to comply with the then-existing statutory requirement to evaluate price at contract formation, and agencies were not making true comparative evaluations of offerors’ pricing since there was no factual basis for doing so. And it didn’t matter whether the ID/IQ contract provided for fixed prices, labor hour pricing, or hybrid pricing.

Keep reading article at: https://www.pscouncil.org/a/Content/2019/Can_Contracts_Be_Awarded_Without_Pricing.aspx

May 9, 2019 By AMK

FEMA showed weak mastery of contracts during hurricane response and recovery

Four agencies providing disaster relief following the triple hurricanes and California wildfires of 2017 failed to keep proper records of contracts with suppliers, rendering it impractical for the Government Accountability Office to fully track $5 billion in spending.

GAO’s report released on Wednesday examined 23 sample contracts let after the disasters by the Federal Emergency Management Agency, the Army Corps of Engineers, the Coast Guard and the Defense Logistics Agency. Its conclusion: the full extent of contracting related to the 2017 disasters is unknown due to Homeland Security Department’s irregular schedule for closing contracts and inconsistent use of standard contracting codes.

Disaster relief contracts for everything from ready-made meals to tarpaulins can be awarded prospectively—before anyone knows the date of a coming act of God—or after the storm or fire has rendered thousands homeless or living in damaged property.

But among the contracts studied as of June 30, 2018—following a record-setting displacement of 15 percent of the U.S. population from several natural events—GAO reviewed the three-fourths of the obligations that were let by FEMA and the Army engineers and found that the Homeland Security Department violated procedure with early closures of what are called national interest action codes. Those numbered codes, administered by the General Services Administration, allow agencies to track data on contract actions related to national emergencies, and are available on the Federal Procurement Data System-Next Generation to provide governmentwide insight into response and recovery efforts.

Keep reading article at: https://www.govexec.com/contracting/2019/04/fema-showed-weak-mastery-contracts-during-hurricane-response-and-recovery/156541/

May 11, 2018 By AMK

FAR rule implements higher dollar threshold for GAO’s protest jurisdiction over DoD, NASA, Coast Guard task orders

In a new rule announced May 1, the FAR Council implemented prior statutory changes to GAO’s bid protest jurisdiction.

For task orders issued by the Department of Defense, NASA, or the Coast Guard, the rule provides that GAO will have jurisdiction only over task orders “valued in excess of $25 million.”

For civilian agencies, GAO continues to have jurisdiction over protests of task orders “valued in excess of $10 million.” The rule also permanently repeals a pre-existing FAR clause that had set a September 30, 2016 expiration date on the ability to protest civilian agency task orders.

The new rule — codified as FAR 16.505(a)(10) — implements Section 835 of the National Defense Authorization Act for Fiscal Year 2017, which directed the FAR Council to establish the new DoD, NASA, and Coast Guard threshold. (The sunset date for protests of civilian agency task orders had previously been repealed by the GAO Civilian Task and Delivery Order Protest Authority Act of 2016.) According to the FAR Council, its new rule is designed to “follow[] the statute exactly.”

Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/05/new-far-rule-implements-increased-minimum-dollar-threshold-for-gaos-protest-jurisdiction-over-dod-nasa-and-coast-guard-task-orders/

May 4, 2017 By AMK

Former Native corporation exec alleges ‘sham companies’ get government contracts

The Afognak Village Corporation, with 1,000 shareholders, operates about two dozen companies with nearly 5,000 employees across the United States and overseas.

Its national and worldwide reach with hundreds of millions in contracts grew from subsidiaries that qualify for Small Business Administration contracting preferences with the Department of Defense, the Federal Emergency Management Agency, the Air Force, the Navy, the Army, the Marines, the Coast Guard and other agencies.

The company describes its shareholders as descended from the village of Afognak, which was on an island just north of Kodiak hit hard by the tsunami that followed the 1964 earthquake.

Its website features 382 job listings from Japan to Alabama and from Guantanamo Bay to Iraq. Afognak ranked 130th of the top 200 federal contractors in fiscal year 2015, according to a Bloomberg analysis, with $406 million in obligations.

The process by which it emerged as a federal contracting heavyweight is at the heart of a whistleblower lawsuit with legal bills in the millions that is slowly progressing in federal court in Alaska.

According to the lawsuit filed by a former company official, Afognak and its wholly owned subsidiary, Alutiiq, LLC, created “sham” companies to become eligible for more federal contracts than allowed.

Keep reading this article at: https://www.adn.com/opinions/2017/04/25/former-native-corporation-exec-alleges-sham-companies-get-government-contracts/

March 6, 2017 By AMK

Federal agencies sometimes struggle with creating postings on FedBizOpps

The Ides of March came early — at least for one employee of the Coast Guard’s Shore Maintenance Command contracting office.

While March 15 is known as a rather notorious day in history, March 1, 2017 may now take on special significance as well (at least among federal employees) as the day that a contracting official in Seattle apparently couldn’t figure out how to delete a posting from FedBizOpps (FBO), the website where virtually all federal contracts valued at $25,000 or more are posted daily.

Unable to delete a contract posting, the contracting official simply titled it, in all caps: “DON’T KNOW HOW TO DELETE THESE.”

**This is a screenshot of the FedBizOpps posting created on Mar. 1, 2017 by the Coast Guard’s Shore Maintenance Command.**

The words “DON’T KNOW HOW TO DELETE THESE” appear in the place where the title of a solicitation or contract award normally appears. In this case, the posting indicates that the contract was awarded on December 2, 2013, and it was a sole source award.

The FBO notice also indicates that the contract was for architectural and engineering services, and that the contract number is HSCG50-14-R-PKUGH1.

In fairness, the contracting office at the Coast Guard’s Shore Maintenance Command isn’t the only contracting office that sometimes struggles with FBO postings. Last August, the Denver-based National Park Service contracts office of the U.S. Department of Interior advertised a contract opportunity for “ASSES & DEVELOP LEADERSHIP TRAINING RDI.”

***Presumably, the National Park Service wanted an assessment of their leadership training program performed when they created this FedBizOpps posting on Aug, 29, 2016.***

The Coast Guard’s FBO posting can be seen at: https://www.fbo.gov/index?s=opportunity&mode=form&id=97fab27175e8c6b4216141611cbfce48&tab=core&_cview=0.

The National Park Service’s FBO posting is at: https://www.fbo.gov/?s=opportunity&mode=form&id=5fbc373ae5c98756189e3c2277541fbb&tab=core&_cview=1.

Four agencies providing disaster relief following the triple hurricanes and California wildfires of 2017 failed to keep proper records of contracts with suppliers, rendering it impractical for the Government Accountability Office to fully track $5 billion in spending.

In a new rule announced May 1, the FAR Council implemented prior statutory changes to GAO’s bid protest jurisdiction.

The Afognak Village Corporation, with 1,000 shareholders, operates about two dozen companies with nearly 5,000 employees across the United States and overseas.

The Ides of March came early — at least for one employee of the Coast Guard’s Shore Maintenance Command contracting office.

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