Competition | The Contracting Education Academy

November 19, 2018 By cs

How contracting officers want to use the new micropurchase threshold

Steve Kelman’s recent talk with feds reinforced his view that a $10,000 micropurchase limit opens up vast new acquisition possibilities.

Recently I did a webinar at the request of the General Services Administration’s Acquisition Gateway for professional services, as part of their Spotlight training series, on the new micropurchase threshold. As I have blogged before, the threshold has been raised to $10,000 for civilian agencies and, through a strange anomaly that hopefully will be corrected soon, to $6,000 for the Department of Defense.

This change will allow agencies to make procurements of up to $10,000 without (if they choose) competitively soliciting or evaluating proposals, though some of the agencies that have started using the authority have chosen to develop one-page requirements statements and solicit one-page competitive proposal. Regulations implementing this change are unfortunately not out yet, but a number of agencies — including the Department of Veterans Affairs, the Department of Homeland Security and GSA itself — have received class deviations to introduce the change now. However, the GSA class deviation applies only to GSA’s own purchases, not more broadly for any purchases using GSA vehicles.

Keep reading this article at: https://fcw.com/blogs/lectern/2018/11/kelman-micropurchase-ideas.aspx

October 24, 2018 By cs

FBI drops full and open competition for $5 billion IT recompete

The competitive pool for the FBI’s $5 billion IT commodity and services contract has been shrinking throughout the year and recently got even smaller.

Rather than hold a full and open competition for spots on the Information Technology Supplies and Support Services contract, also known as ITSSS or IT Triple-S, the bureau announced that spots will be awarded to vendors that already hold contracts on the General Services Administration’s IT Schedule 70.

Bureau contracting officials have been scaling back the contract as they’ve gathered market research through requests for information and industry days. After initial rumors the contract would be split into multiple parts for services like cloud computing and cybersecurity, the bureau announced in April that ITSSS would remain a single contract made up of multiple tracks.

The track structure remains in the latest revision, however, the blanket purchase agreement will now only include vendors with pre-vetted tools and services being offered on Schedule 70, further narrowing the competitive pool.

Keep reading this article at: https://www.nextgov.com/it-modernization/2018/10/fbi-drops-full-and-open-competition-5-billion-it-recompete/152031/

September 27, 2018 By cs

GAO sees progress, more to do on acquisition workforce

The government has made progress to address issues with the acquisition workforce in the decade since a special advisory panel report found that workforce to be “understaffed, overworked, and undertrained,” GAO has said.

That workforce primarily encompasses contracting officers, contracting officer’s representatives and program and project managers, but it also extends to related positions such as engineers, logisticians, and cost estimators, a report said.

Steps in response to that report have included establishing the defense acquisition workforce development fund to help DoD recruit train and retain acquisition personnel and which “has helped DoD close some staffing gaps,” with the department’s acquisition workforce increasing by a quarter in that time. However, the department has not achieved its growth targets for each career field, falling short in six.

Keep reading this article at: https://www.fedweek.com/federal-managers-daily-report/gao-sees-progress-more-to-do-on-acquisition-workforce/

September 25, 2018 By cs

3 big problems continue to dog federal procurement

Congress and the executive branch have worked for years to improve the quality of and reduce costs for federal acquisition, but some problems continue to hamper many agencies, according to a Sept. 12 Government Accountability Office report.

“Acquisition reform has been on everyone’s agenda for many, many years, decades. There have been proposals in the Congress, there has been changes to the regulations. This has been a very, very active area for a long time,” said Bill Woods, director on the Contracting and National Security Acquisitions Team at GAO, in an agency podcast.

The report evaluated federal agency acquisition improvements against 89 recommendations made by the Acquisition Advisory Panel in 2007 and divided the areas of improvement into three “buckets” that represent the acquisition life cycle: requirements and definitions; competition and pricing; and contractor oversight.

“One is in the requirements, definition process of actually deciding. What is it does the agency want? What does it need, and what’s the best way of getting what we need?” said Woods.

Keep reading this article at: https://www.federaltimes.com/acquisition/2018/09/17/3-big-problems-continue-to-dog-federal-procurement/

September 13, 2018 By cs

GAO acknowledges progress in federal acquisition by Congress and Executive branch, but says ‘challenges endure’

Congress established an Acquisition Advisory Panel to review federal acquisition laws, regulations, and policies — and identify opportunities for improvement. The Government Accountability Office (GAO) just issued an assessment of the progress made since the Panel’s 2007 report.

Here’s what GAO found:

Congress and the executive branch have taken numerous actions to address key issues the Acquisition Advisory Panel identified in its 2007 report, but these actions have not eliminated some enduring challenges. The figure below presents the key issues the Panel addressed in relation to the life cycle of a typical contract as identified by GAO:

Three of the key issues, and the corresponding challenges, align with specific phases in the contracting life cycle:

Requirements Definition: The Panel found that fully identifying requirements before a contract is awarded is key to achieving the benefits of competition. GAO has found that unrealistic requirements have contributed to poor program outcomes at the Department of Defense (DoD), and that the Army’s requirements development workforce decreased by 22 percent from 2008 to 2017.

Competition and Pricing: The Panel said that competition can help reduce prices. GAO’s work shows that competition rates have remained steady government-wide, and declined at DOD. See figure below.

GAO also found that agencies are sometimes using bridge contracts — which GAO has generally defined as either extensions to existing contracts or new short-term, sole-source contracts — to avoid a lapse in service caused by delay of a follow-on contract award. In some instances, bridge contract awards delay opportunities for competition and can place the government at risk of paying higher prices for multiple years. The figure below depicts how an Army bridge contract for computer support services planned for 12 months was extended to 42 months.

Further, GAO’s work shows that agencies have not fully embraced initiatives and techniques intended to reduce the prices they pay, including consolidated purchasing approaches and robust market research.

Contractor Oversight: The Panel raised questions about the capacity of federal agencies to oversee contractors. GAO found that agencies continue to award contracts warranting increased management attention at a steady rate, such as contracts for management support services. With contracts like those for management support services, there is an increased risk that contractors may perform tasks reserved for the government. Additionally, GAO found that heavy workloads at the Department of Veterans Affairs have made it difficult for officials who oversee contractors to ensure contractors adhere to contract terms.

Three of the key issues, and the corresponding challenges, cut across all the phases of the contracting life cycle:

Acquisition Workforce: The Panel found that the federal acquisition workforce faces workload and training challenges. GAO’s work has shown that DoD has enhanced its workforce, but some workforce gaps endure at DoD and across agencies.

Federal Procurement Data: The Panel found that the government’s primary repository for acquisition data contained some unreliable data. Also, GAO found that the system has demonstrated limitations. For example, guidance from the Office of Management Budget (OMB) required that agencies collect specific contract award data, but the system did not have the capability to do so.

Small Business Participation: The Panel found a number of challenges hindering agencies’ efforts to meet small business goals. GAO found small business participation has increased, but many agencies are not in full compliance with requirements governing Offices of Small and Disadvantaged Business Utilization (OSDBUs). For example, the directors of these offices should report directly to agency heads or their deputies, but not all agencies have established this type of direct reporting relationship.

What GAO Recommends

GAO did not make any new recommendations in its Sept. 12, 2018 assessment, but it has made numerous recommendations in the past. Federal agencies have agreed with many of GAO’s recommendations, and have implemented some of them, but not others. For example, GAO has previously made the following recommendations.

The Army should assess the resources needed for the requirements development process. The Army agreed, but it has not yet done so.

OMB should provide guidance for agencies to manage bridge contracts. OMB agreed and has drafted management guidance but has not yet finalized it.

Certain federal agencies should take steps to document how they conduct market research. The agencies agreed and did so.

The Department of Veterans Affairs should develop tools to help oversee contracts. The department agreed and did so.

DOD should have issued an updated acquisition workforce plan in fiscal year 2016. DOD agreed and issued the plan.

OMB should take steps to improve how agencies collect certain procurement data. OMB generally agreed, but has not yet addressed the recommendation.

Certain federal agencies should take steps to comply with OSDBU-related requirements. Most agencies that provided comments agreed or partially agreed. Two agencies — the National Aeronautics and Space Administration, and the U.S. Agency for International Development — have addressed the recommendations.

It its latest report, GAO reiterates its belief that all agencies should implement all of these recommendations.

See the GAO’s full report here: https://www.gao.gov/assets/700/694457.pdf