FAR | The Contracting Education Academy

January 14, 2021 By cs

COFC confirms ‘rule of two’ analysis applies before agency decides to utilize a multiple-award vehicle

The U.S. Court of Federal Claims (COFC) issued a decision on Nov. 30, 2020 that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions.

The central question surrounding the case was whether the U.S. Army could cancel a Federal Acquisition Regulation (FAR) Part 8 service-disabled veteran-owned small business (SDVOSB) set-aside procurement under the General Services Administration’s Federal Supply Schedule (FSS) and move the requirement to a multiple-award indefinite-delivery, indefinite-quantity (MAIDIQ) contract vehicle that the plaintiff, The Tolliver Group, Inc. (Tolliver), did not hold.

In its protest, Tolliver argued, in part, that the Army’s actions violated the Rule of Two because the agency was required to determine whether two or more small businesses were capable of performing the requirement prior to choosing to put the procurement on the MAIDIQ contract.

The COFC’s decision confirms that the Rule of Two analysis applies before an agency elects to procure a requirement from a multiple-award contract (MAC) vehicle under FAR Part 16.5.

The Rule of Two requires contracting officers to set aside any acquisition over the simplified acquisition threshold for small business participation when there is a reasonable expectation that (1) offers will be obtained from at least two responsible small business concerns and (2) the award will be made at fair market prices.

In Tolliver, the Army argued that a Rule of Two analysis was not required because—according the Small Business Jobs Act, as implemented in 15 U.S.C. § 644(r)—federal agencies have the discretion to issue MACs without first conducting a Rule of Two analysis to determine whether it should be set aside for small businesses.

Keep reading this article at: https://www.jdsupra.com/legalnews/cofc-confirms-rule-of-two-analysis-83418/

January 4, 2021 By cs

On-line classes announced for 1st quarter of 2021

The Contracting Education Academy at Georgia Tech has announced four courses to be presented virtually during the first three months of 2021.

The courses to be presented are:

A Contracting Overview of the FAR (CON 090-1) – Jan. 19 – 22, 2021
FAR Fundamentals (FCN 190) – Feb. 1 – 12, 2021
Contract Planning in the FAR (CON 090-2) – Feb. 22 – 26, 2021
Contract Formation in the FAR (CON 090-3) – Mar. 8 – 12, 2021

Here’s a brief recap of each course, along with a link to price, registration and other details for each course:

A Contracting Overview of the FAR (CON 090-1) – Jan. 19 – 22, 2021 – Covers the identification of the basic principles of federal government contracting, including the structure and content of the Federal Acquisition Regulation (FAR) and agency supplements. Students learn how to locate, cite, and interpret regulations. More details here: http://www.pe.gatech.edu/courses/con-090-1-contracting-overview-far

FAR Fundamentals (FCN 190) – Feb. 1 – 12, 2021 – Designed for both GS-1102 contracting personnel as well as aspiring government contractors, this 10-day course conveys basic knowledge of the Federal Acquisition Regulation (FAR), including how to apply the rules in order to make appropriate decisions at each step of the contracting process. More details here: http://www.pe.gatech.edu/courses/con-090-2-contract-planning-far

Contract Planning in the FAR (CON 090-2) – Feb. 22 – 26, 2021 – Covers acquisition planning, market research, describing agency needs, the preference for commercial and non-developmental items, contract types, special contracting techniques, socioeconomic programs, special terms and conditions, contractor qualifications, and advertising requirements. More details here: http://www.pe.gatech.edu/courses/con-090-2-contract-planning-far

Contract Formation in the FAR (CON 090-3) – Mar. 8 – 12, 2021 – Covers policies and procedures for simplified acquisitions, sealed bidding as well as negotiated acquisitions, cost accounting standards, special contracting methods and emergency acquisitions, and the filing and handling of protests. More details here: http://www.pe.gatech.edu/courses/con-090-3-contract-formation-far

A schedule of other courses coming up in 2021 can be found at: https://contractingacademy.gatech.edu/training/

December 24, 2020 By cs

Pentagon announces 7 procurements to test out new CMMC process

The Defense Department on Thursday disclosed the first seven contracts that are likely to be the initial test cases for the Cybersecurity Maturity Model Certification (CMMC) program, DoD’s new approach to shoring up its suppliers’ IT security.

The department stopped short of a full commitment to subject the forthcoming Navy, Air Force and Missile Defense Agency procurements to CMMC’s requirements.

In a statement, DoD said only that they are “candidates” under consideration to serve as pathfinders.

The projects, as described by the Pentagon, are:

Navy

Integrated Common Processor
F/A-18E/F Full Mod of the SBAR and Shut off Valve
Yard services for the Arleigh Burke Class destroyer

Air Force

Mobility Air Force Tactical Data Links
Consolidated Broadband Global Area Network Follow-On
Azure Cloud Solution

Missile Defense Agency

Technical Advisory and Assistance Contract

The department did not immediately provide further details on the procurements beyond the descriptions above, but said each of the contracts are expected to be awarded in fiscal 2021.

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2020/12/pentagon-reveals-first-contracts-to-serve-as-pathfinders-for-cmmc/

December 21, 2020 By cs

GSA proposes to standardize policies on reverse auctions

The General Services Administration (GSA) has proposed revisions to the Federal Acquisition Regulation on use of reverse auctions by federal agencies, saying that while they have been in common practice for more than 20 years, their use has been inconsistent.

In reverse auctions, multiple vendors compete with one another to win a contract by lowering the offered price.

They generally are used for acquiring commercial products and most often result in the award of a fixed price contract valued less than $150,000 to a small business, a Federal Register notice says.

The notice says GAO reports in 2013 and 2018 found that:

“Confusion exists concerning a lack of documentation about reverse auction service provider fees and their application to federal contracts;

“There is a lack of sufficient data available for agencies to verify actual cost savings resulting from a reverse auction; and

“The potential benefits of reverse auctions are not being maximized, as many reverse auctions are resulting in the receipt of only one offer or a lack of interactive competition amongst offerors.”

Keep reading this article at: https://www.fedweek.com/federal-managers-daily-report/gsa-proposes-to-standardize-policies-on-reverse-auctions/

December 11, 2020 By cs

Proposed rule will revise the FAR definition of ‘commercial item’

The FAR Council has issued a Proposed Rule implementing amendments to the current FAR definition of “commercial item.”

The Proposed Rule will eliminate the current FAR definition of “commercial item” and replace it with separate definitions for “commercial products” and “commercial services. The proposed definitions are designed to benefit both contractors and the acquisition workforce by simplifying the application of the “commercial” concept and providing greater clarity on the scope of each term.

Comments on the Proposed Rule must be submitted no later than December 14, 2020.

As a matter of background, the Proposed Rule implements both Section 836 of the National Defense Authorization Act for Fiscal Year 2019 and a recommendation from the Section 809 Panel.

Keep reading this article at: https://www.mondaq.com/unitedstates/government-contracts-procurement-ppp/1000792/clarity-sweet-clarityproposed-rule-will-revise-the-far-definition-of-commercial-item