FAR Council | The Contracting Education Academy

March 4, 2021 By cs

How new ‘Made in America’ Executive Order could impact federal contractors

The full impact of President Biden’s “Made in America” executive order compelling federal contractors to purchase more U.S.-manufactured products won’t be clear for some time, according to experts.

Five days after taking office, Biden issued an executive order on January 25 to push federal agencies to buy more products made in the United States. It builds on current laws—the Buy American and Buy America statutes, passed in 1933 and 1982, respectively. The federal government spends about $600 billion annually in contracting and current laws giving preference to American companies are not always followed and haven’t been “substantially updated since 1954,” said a fact-sheet from the White House.

“The [executive order] directs the [Federal Acquisition Regulatory Council] to consider proposing rules to tighten up the [Buy American Acts] requirements,” so “there are no immediate changes,” said Adelicia Cliffe, partner at the law firm Crowell and Moring, who is part of the firm’s government contracts and international trade group. This is because any new rules will have to go through the formal rulemaking process.

Specifically, the executive order said that within 180 days, the FAR Council should consider: replacing the “component test” (which says that over 50% of a product’s cost must have a domestic origin), increasing the numerical threshold for domestic content requirements for construction materials and end products, and increasing the price preferences for domestic construction materials and end products.

Keep reading this article at: https://www.govexec.com/management/2021/02/how-bidens-made-america-executive-order-could-impact-federal-contractors/172259/

February 25, 2021 By cs

New final rule limits use of LPTA

Businesses and consumers make complex trade-off decisions every day when buying and selling supplies and services.

Sometimes it makes sense to pay more or charge more for a supply or service when quality improvements, added features, or other considerations justify the price. Other times, paying more or adding features provides no meaningful benefit so we opt for the least expensive item that satisfies our needs.

The federal government uses this same framework, dubbed the “best value continuum,” in negotiated acquisitions. On one end of this continuum is a full trade-off, where non-price factors, e.g., quality and past performance, take precedence over price. On the opposite end of the continuum is the lowest price technically acceptable (LPTA) process. Under LPTA, the government determines its minimum acceptable technical requirements and then seeks to award a contract to the lowest priced offeror who meets the minimum requirements.

Federal agencies have been criticized for overusing the LPTA source selection process, based on the concerns that LPTA procedures chill innovation and hamstring agencies who could benefit from trading cost or price considerations for technically superior capabilities. The business community also criticized government reliance on LPTA to purchase safety-related items; such items should not be purchased based on minimum standards.

In response to these criticisms, Congress included Section 880 in the Fiscal Year (FY) 19 National Defense Authorization Act (NDAA), stating: “[i]t shall be the policy of the United States Government to avoid using lowest price technically acceptable source selection criteria in circumstances that would deny the government the benefits of cost and technical tradeoffs in the source selection process.”

Keep reading this article at: https://www.mondaq.com/unitedstates/government-contracts-procurement-ppp/1034008/you-get-what-you-pay-for-new-final-rule-limits-use-of-lpta

See Jan. 14, 2021 Final Rule affecting LPTA at: https://www.govinfo.gov/content/pkg/FR-2021-01-14/pdf/2020-29087.pdf

July 29, 2020 By cs

Deadline looms for contractors to ditch banned Chinese equipment

Federal contractors face a late-summer deadline to ensure they’re not using banned Chinese equipment and services to fulfill their federal contracts, a top White House federal acquisition official stressed.

Federal contractors have until Aug. 13 to comply with Part B of Section 889 of the 2019 National Defense Authorization Act, Office of Federal Procurement Policy Administrator Michael Wooten said during a July 13 Professional Services Counsel (PSC) webcast.

That provision prohibits government contractors from using technology and services tied to Chinese equipment manufacturers that have been deemed cybersecurity threats by the U.S. government. Those companies include telecommunications gear-makers Huawei and ZTE, as well as video surveillance manufacturer Hikvision.

The Trump administration has worked to push Huawei and ZTE out of U.S. federal and commercial telecommunications networks, both domestically and internationally, deeming the companies’ close relationships to the Chinese government as a virulent cybersecurity threat.

Keep reading this article at: https://fcw.com/articles/2020/07/13/rockwell-defense-contractors-huawei-ban.aspx

July 23, 2020 By cs

Cutting Chinese suppliers from government supply chains will cost billions every year

Prospective contractors are invited to comment on how much it might cost them.

**Click on image above to see Federal Register notice.**

Implementation of a rule barring federal agencies from entering into contracts with entities that use equipment from a selection of Chinese telecommunications and surveillance companies is expected to cost the government $11 billion in year one, and just over $2 billion each subsequent year, according to an action published in the Federal Register on July 14th.

The Federal Register action details an interim rule from the Department of Defense, the General Services Administration and NASA to implement the second part of section 889 of the John S. McCain National Defense Authorization Act of 2019.

Starting Aug. 13., Contracting Officers will include provisions in their solicitations that prohibit contractors from using the covered equipment and require bidders to state whether they do. Agency leaders can issue waivers in the case of emergencies, or other conditions, under the interim rule.

Covered equipment and services refer to those provided by Huawei, ZTE, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company or Dahua Technology Company, or any subsidiary or affiliate of those entities.

Keep reading this article at: https://www.nextgov.com/cybersecurity/2020/07/cutting-chinese-suppliers-government-supply-chains-will-cost-billions-every-year/166846/

July 15, 2020 By cs

Second supply chain risk management rule drops putting agencies, vendors on notice

Starting Aug. 13, agencies will no longer be able to contract with companies using Chinese-made telecommunications products or services in their supply chains.

A new rule from the Federal Acquisition Regulatory Council prohibits agencies from buying products or services from companies which use Huawei, ZTE, or other prohibited products from Chinese companies. The prohibition applies to the use of telecommunications equipment or services, whether or not it is used in the performance of work under a federal contract.

The one exception is if the agency’s secretary issues a waiver for the contract.

“The statute is not limited to contracting with entities that use end-products produced by those companies; it also covers the use of any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system,” the council stated.

Keep reading this article at: https://federalnewsnetwork.com/acquisition-policy/2020/07/second-supply-chain-risk-management-rule-drops-putting-agencies-vendors-on-notice/

The full impact of President Biden’s “Made in America” executive order compelling federal contractors to purchase more U.S.-manufactured products won’t be clear for some time, according to experts.

Businesses and consumers make complex trade-off decisions every day when buying and selling supplies and services.

Federal contractors face a late-summer deadline to ensure they’re not using banned Chinese equipment and services to fulfill their federal contracts, a top White House federal acquisition official stressed.

Prospective contractors are invited to comment on how much it might cost them.

Starting Aug. 13, agencies will no longer be able to contract with companies using Chinese-made telecommunications products or services in their supply chains.

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