delivery order | The Contracting Education Academy

January 23, 2020 By cs

NDAA requires COs to provide information to unsuccessful offerors for task and delivery orders less than $5.5 million

The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders.

Currently, FAR Part 16 only requires a debriefing be provided for task and delivery orders valued over $5.5 million.

The FY 2020 NDAA requires FAR Part 16 be revised to require that Contracting Officers provide information to unsuccessful offerors on contracts above the Simplified Acquisition Threshold but below $5.5 million.

This new information could prove invaluable for contractors hoping to gain insight and improve their proposals for future opportunities.

The annual National Defense Authorization Act (NDAA) has long been used to impose government-wide procurement reforms. The recently enacted NDAA, signed by President Trump on December 20, 2019, continues this practice, by requiring agencies to provide unsuccessful offerors on smaller dollar task or delivery orders above the Simplified Acquisition Threshold an explanation as to why their proposal was unsuccessful as well as the rationale for the award.

Keep reading this article at: https://www.jdsupra.com/legalnews/ndaa-requires-contracting-officers-to-30028/

August 13, 2018 By AMK

How will the FY 2019 NDAA affect government procurement?

Following the Senate’s recent passage of the Fiscal Year (FY) 2019 National Defense Authorization Act (NDAA), we are rapidly approaching the finish line for this critical piece of legislation.

With the filing two weeks ago of the Conference Report, H. Rept. 115-863, which embodies the agreement between the Senate and the House, it appears likely that a compromise bill will go forward to the President shortly.

The NDAA contains a number of provisions that would reform the procurement process, several of which, are the focus here.

Keep reading this article at: https://federalnewsradio.com/commentary/2018/07/an-update-on-the-fy-2019-ndaa/

February 13, 2018 By AMK

New rule allows other direct costs and order level materials on GSA Schedule task orders

The General Services Administration (GSA) has finalized a major change to its Federal Supply Schedule (FSS) program, allowing the purchase of incidental materials.

On FSS contracts, the new rule allows vendors to include other direct costs (ODCs) or order level materials (OLMs) on individual task orders. ODCs or OLMs are costs that aren’t specifically identified in the contract, such as a specialized tool or test equipment. GSA says the change will help create parity with commercial sector best practices.

The new rule was originally proposed in the Federal Register at 81 FR 62445 on September 9, 2016, but only recently finalized. It addresses the importance of providing the same flexibility for the FSS program that is currently authorized for other indefinite delivery, indefinite quantity (IDIQ) vehicles, which will help reduce contract duplication and the associated administrative costs and inefficiencies.

Details at: https://www.federalregister.gov/documents/2018/01/24/2018-01232/general-services-administration-acquisition-regulation-gsar-federal-supply-schedule-order-level

December 16, 2016 By AMK

NDAA to reinstate GAO task order jurisdiction

It appears that, at long last, the Government Accountability Office (GAO) will have permanent jurisdiction over task and delivery orders exceeding certain thresholds.

GAO-GovernmentAccountabilityOffice-Seal The right of federal contractors to protest agencies’ actions with respect to task and delivery order procurements has recently been in a maddening state of flux. The Federal Acquisition Streamlining Act of 1994 (FASA) initially barred all protests of task and delivery orders under multiple-award contracts except in limited circumstances. But Congress amended FASA in 2008 to provide, generally, that a task order procurement may be protested if the order is valued at $10 million or more and that such protests may only be brought at GAO.

Critically, Congress also put an expiration date on GAO’s task order jurisdiction. While Congress subsequently removed the expiration date for defense agency task order procurements, it did not do so for civilian agencies. As a consequence, GAO’s jurisdiction over civilian agency task orders expired on October 1, 2016. Its jurisdiction over defense agency task orders remains in place.

Meanwhile, competing versions of the 2017 National Defense Authorization Act (NDAA) legislation would either reinstate GAO’s jurisdiction over civilian agency task orders (the House version) or eliminate it for all agency task orders (the Senate version).

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=551156

November 14, 2016 By AMK

GAO’s jurisdiction over most civilian task order protests has expired

The GAO’s jurisdiction to hear most protests in connection with task and delivery order awards under civilian multiple award IDIQs has expired.

GAO-GovernmentAccountabilityOffice-Seal In a recent bid protest decision, the GAO confirmed that it no longer has jurisdiction to hear protests in connection with civilian task and delivery order awards valued over $10 million because the underlying statutory authority expired on September 30, 2016.

The Federal Acquisition Streamlining Act of 1994 established a bar on bid protests concerning military and civilian agency task and delivery orders under multiple-award IDIQs. FASA, as it is known, allowed exceptions only where the protester alleged that an order improperly increased the scope, period, or maximum value of the underlying IDIQ.

The 2008 National Defense Authorization Act adopted another exception, which allowed the GAO to consider protests in connection with orders valued in excess of $10 million. The 2008 authority was codified in two separate statutes–Title 10 of the U.S. Code for military agencies, and Title 41 of the U.S. Code for civilian agencies.

Keep reading this article at: http://smallgovcon.com/gaobidprotests/gaos-jurisdiction-over-most-civilian-task-order-protests-has-expired/

The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders.

Following the Senate’s recent passage of the Fiscal Year (FY) 2019 National Defense Authorization Act (NDAA), we are rapidly approaching the finish line for this critical piece of legislation.

It appears that, at long last, the Government Accountability Office (GAO) will have permanent jurisdiction over task and delivery orders exceeding certain thresholds.

The GAO’s jurisdiction to hear most protests in connection with task and delivery order awards under civilian multiple award IDIQs has expired.

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