The Contracting Education Academy

Contracting Academy Logo
You are here: Home / Archives for DFARS

By

We’ve admired the federal acquisition problem for too long

Agencies must inculcate cultures of experimentation and learning if the U.S. is to prevail economically and militarily.

On a recent trip to Tampa, I asked a consultant on my team supporting U.S. Special Operations Command (SOCOM) Acquisition Technology & Logistics what accounts for the Command’s acquisition success. “It’s a mindset thing,” she replied.

Later that day, as I continued my visit to SOCOM’s contracting activity, I happened upon the essentials of that mindset. They were captured in an inscription painted on the wall in a heavily traveled hallway. It said:

“We never stop …
We never stop learning …
We never stop iterating …
We never stop experimenting …”

That mindset at SOCOM drives a culture born and sustained from the intensity of the mission and the close relationships, in proximity and bond of purpose, between special operators and the acquirers who support them. The tooth and the tail meld. The mindset is shared by all members of the team. It is expected of everyone. It pushes teams to find the best solutions at the speed of relevance.

Keep reading this article at: https://www.govexec.com/management/2019/07/viewpoint-weve-admired-federal-acquisition-problem-too-long/158719/

By

Cloud resources for government users

The Office of Management and Budget posted the final version of its cloud smart strategy.  First drafted in September 2018, the strategy includes a list of action items “to advance the Cloud Smart agenda.”  It also requires federal agencies to “rationalize their application portfolios” to support cloud adoption by assessing application portfolios and discarding those apps that are “obsolete, redundant, or overly resource-intensive.”  The CIO Council said it will develop best practices and other resources to help agencies with the rationalization process.

The cloud smart work plan will be executed over an 18-month period, and will be updated as the cloud market and technologies evolve.  Read the final policy here.

Campaign security assistance, at a discount

Microsoft announced Microsoft 365 for Campaigns is now available at a discounted price for U.S. federal political campaigns and national-level political parties. The service brings together Office 365, Windows 10 and Enterprise Mobility+Security with Exchange Online for Email, SharePoint and OneDrive and  Teams along with other Office applications such as Outlook, Word, Excel, PowerPoint  and more.

A simple setup process allows admins to implement features like multifactor authentication, Office 365 Advanced Threat Protection, protection of mobile apps and documents and the ability to easily install security patches and updates to Office apps. The security service is available for $5 per user per month. Find out more here.

Keep reading article at: https://gcn.com/articles/2019/06/25/cloud-briefs.aspx

By

2019 NDAA analysis: Enhancing IDIQs and other provisions

Over the past several months, this blog has analyzed several key provisions of the Fiscal Year 2019 National Defense Authorization Act (NDAA) that impact government contractors. This post briefly summarizes a variety of other government contracts-related provisions of the FY 2019 NDAA that we have not yet discussed, including several that reflect a congressional intent to enhance the use of multiple-award, indefinite-delivery/indefinite-quantity (IDIQ) contracts and encourage commercial item contracting, several that concern subcontracting and supply-chain considerations, and assorted other issues.

Awarding IDIQ Contracts Without Considering Price to Increase Order-Level Competition.

Section 876 provides a limited exception to the general requirement in 41 U.S.C. § 3306 that agencies must include cost or price to the government as an evaluation factor in evaluating proposals. The exception applies to task-order contracts (i.e., IDIQ contracts) for services that are priced on the basis of hourly rates. Specifically, agencies need not consider price as an evaluation factor for such contracts if:

  1. the agency will award a base contract to every “qualifying offeror”—meaning a responsible source whose proposal conforms to solicitation requirements, meets all technical requirements, and is otherwise eligible for award; and
  2. the agency will consider cost or price to the government in competitions for individual task orders.

This provision applies to non-defense agencies. Defense agencies had previously been granted a similar exception in the FY 2017 NDAA. See 10 U.S.C. § 2305(a)(3)(C).

Congress’s goal, as evidenced by the title to section 876, is “Increasing Competition at the Task Order Level.” By awarding base IDIQ contracts to all compliant proposals, without discriminating between them based on price, agencies are likely to have more contract-holders available to compete for specific work at the task-order level. Use of this mechanism should reduce an important barrier to entry to many potential competitors—not holding the necessary IDIQ contract to compete for work solicited under task order solicitations—and, by increasing competition, could result in lower pricing and better technical offerings at the task order level.

 

 

Keep reading article at: http://www.mondaq.com/article.asp?articleid=810088

By

People are key to securing the defense-industrial supply chain

Infiltrating the defense supply chain is one of the most insidious means by which attackers can compromise our nation’s communications and weapons systems. Successfully targeting a single component of the defense industrial base can cause a ripple effect that can significantly impact everything from data centers to war fighters in theater.

The Department of Defense’s new “Deliver Uncompromised” security initiative is designed to tackle this problem at its root cause: third-party suppliers. In essence, the DoD is requiring its suppliers to bake security into their applications from the beginning of the production process. A “good enough” approach that just clears the bar for minimal security criteria is no longer good enough. Security must be ingrained in the very fabric of the entire production process.

Security starts with people

The process starts with people. They are responsible for ensuring that the solutions that comprise the supply chain work as designed and are inherently secure. They work closely with highly sensitive and proprietary information that is attractive to enterprising hackers. They are the first line of defense.

Unfortunately, those same factors make people the most attractive attack vector. When a malicious actor wants to gain access to a component or system, it’s often easier to just steal someone’s credentials than it is to try and find their way around a firewall. Obtaining a simple password is often enough to gain access to a critical system that can then be compromised, or information that can be exploited.

Keep reading article at: https://www.fifthdomain.com/opinion/2019/05/13/people-are-key-to-securing-the-defense-industrial-supply-chain/

By

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

Contracting Academy Logo
75 Fifth Street, NW, Suite 300
Atlanta, GA 30308
info@ContractingAcademy.gatech.edu
Phone: 404-894-6109
Fax: 404-410-6885

RSS Twitter