FAR Council | The Contracting Education Academy

July 25, 2018 By cs

Congress can simplify commercial buying and increase government innovation

For decades Congress has demonstrated its deep interest in simplifying the federal government’s ability to buy commercial products and services. It recognized that to solve government’s most difficult problems, the government must have ready access to the innovative and rapidly evolving commercial marketplace.

But the government’s transactions in the commercial marketplace, which should be quick and easy, have gotten more complicated over the years, not less so. This is due in large part to the volume and complexity of government-unique contract terms and conditions.

Volume 1 of the Section 809 Panel report includes several recommendations for Congress’ consideration that will truly simplify contracts for commercial products and services. Among other strategies, Recommendation 2 makes the case for Congress retaining the authority to determine the applicability of new government-unique requirements that are well-intended but burdensome, rather than delegating that authority to the Federal Acquisition Regulatory Council or the Department of Defense.

In 1994, the Federal Acquisition Streamlining Act took important steps to make the government more commercial-like in its dealings in the commercial marketplace. FASA limited the applicability of many, but not all, procurement-related statutes in two ways. First, many statutes in effect at the time FASA was enacted were made inapplicable to commercial buying, significantly simplifying federal contract compliance and administrative burdens.

Keep reading this article at: https://www.defensenews.com/opinion/commentary/2018/07/17/congress-can-simplify-commercial-buying-and-increase-government-innovation/

May 11, 2018 By cs

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/

February 22, 2018 By cs

Higher limits on micropurchase, simplified acquisition thresholds okayed by CAAC

The Civilian Agency Acquisition Council (CAAC) has authorized federal agencies to issue class deviations from the Federal Acquisition Regulation (FAR) to raise the dollar thresholds on micropurchases and simplified acquisitions.

The higher thresholds are $10,000 for micropurchases (up from $3,500) and $250,000 for simplified acquisitions (up from $150,000). Authority for these changes stems from the 2018 National Defense Authorization Act (NDAA).

The CAAC’s memorandum can be downloaded here: Class Deviation – Micropurchase and Simplified Acquisition Threshold – CAAC Letter 02.16.2018

The CAAC memorandum “is effective immediately, and remains in effect until the increased thresholds are incorporated into the FAR or is otherwise rescinded.” The FAR Council has opened FAR Case 2018-004 to address what the 2018 NDAA has to say about these thresholds, and the CAAC memo authorizes civilian agencies to adopt their own class deviations while the FAR Case is pending.

CAAC members are senior procurement professionals within 15 departments and agencies:

Department of Agriculture
Department of Commerce
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of the Interior
Department of Labor
Department of State
Department of Transportation
Department of Treasury
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Small Business Administration
Social Security Administration

The Council is responsible for: Assisting the General Services Administration in developing and maintaining the FAR System by developing or reviewing changes to the FAR; Soliciting the views of agencies, associations, and other interested parties on those proposed changes to the FAR; and Coordinating its activities with the Defense Acquisition Regulations Council (DARC).

GSA, itself, has already issued a class deviation raising the micropurchase and simplified acquisition thresholds on GSA contracts. It can be seen here: GSA Class Deviation 2018-01 MPT and SAT Increase

January 30, 2018 By cs

How many procurement regulations were finalized in 2017? The answer may surprise you

Here’s an interesting trivia question for all you acquisition lovers in the government: How many rules did the Federal Acquisition Regulations Council finalize during the first year of the Trump administration?

Give it some thought. Did the FAR Council make any changes from Jan. 20 to Dec. 31, 2017?

The answer is: the FAR Council issued one final rule for the entire year.

Keep reading this article at: https://federalnewsradio.com/reporters-notebook-jason-miller/2018/01/how-many-procurement-regulations-were-finalized-in-2017-the-answer-may-surprise-you/

January 19, 2018 By cs

Congress passes too much acquisition legislation

In 1972, the Commission on Government Procurement wrote that Congress should limit its acquisition legislation to fundamental acquisition matters and let the Executive Branch implement Congress’s policy through specific acquisition regulation.

If Congress had listened, it would be passing less acquisition legislation and the FAR Councils would be performing their regulatory duty to implement Congress’s acquisition policies. Unfortunately, Congress didn’t listen.

Today, Congress doesn’t deal with fundamental acquisition matters, it deals with acquisition minutiae and details–especially when it comes to the Department of Defense (DoD). Someone thinks of an idea and before you know it it’s a legislative requirement. Apparently, no thought is too small for another bit of defense acquisition legislation. For the most part, Congress meddles in the acquisition process through the House and Senate Armed Services Committees. These committees propose acquisition legislation in their annual National Defense Authorization Acts (NDAA) with much of it in Title VIII of the NDAAs. Title VIII is usually labeled: Acquisition Policy, Acquisition Management, and Related Matters.

In the past 17 NDAAs, Congress has passed nearly 900 sections of legislation. What is worse, Congress is picking up its legislative pace and passing more legislation than ever. Read about Congress’s junk legislation, zombie legislation, and just plain old excessive and incoherent legislation.

Keep reading this article at: http://www.wifcon.com/analysis.htm

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

The Civilian Agency Acquisition Council (CAAC) has authorized federal agencies to issue class deviations from the Federal Acquisition Regulation (FAR) to raise the dollar thresholds on micropurchases and simplified acquisitions.

Here’s an interesting trivia question for all you acquisition lovers in the government: How many rules did the Federal Acquisition Regulations Council finalize during the first year of the Trump administration?

In 1972, the Commission on Government Procurement wrote that Congress should limit its acquisition legislation to fundamental acquisition matters and let the Executive Branch implement Congress’s policy through specific acquisition regulation.

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