FAR | The Contracting Education Academy

March 5, 2020 By cs

GAO declines to limit DoD’s ‘experimental purchasing’ authority

In its recent decision in Air Tractor, Inc., the Government Accountability Office (GAO) held that the Department of Defense (DoD) may, at its own discretion, begin a project with agreements under its prototyping Other Transaction (OT) authority, and award later phases of the same project on a sole source basis under its experimental purchasing authority.

In the decision, GAO discussed distinctions between these avenues, and gave a broad reading to the DoD’s authority to award contracts for experimental work.

The past few years have seen a swell of interest in DoD’s ability to sidestep the Federal Acquisition Regulation (FAR) and use more flexible OT authority to enter into contracts. Thus far, the majority of this interest has centered on DoD’s OT authority to enter into prototype projects, now codified at 10 U.S.C. § 2371b.

One of the most powerful features of DoD’s prototype OT authority is that DoD may award a sole source follow-on production contract for a successful prototype. Congress included some limitations on this authority to award sole source follow-on production contracts at 10 U.S.C. § 2371b(f). For example, in its decision in Oracle America, Inc., GAO confirmed that DoD must comply with all notice and other specific preconditions at the prototyping stage in order to award a sole source follow-on production contract.

However, prototype OT authority is not DoD’s only authority to award sole source contracts. The Competition in Contracting Act (CICA) itself allows for sole source awards in certain circumstances. In DRS Sustainment Systems, GAO held that DoD need not comply with 10 U.S.C. § 2371b(f) to award a sole source production contract where DoD invokes one of CICA’s exceptions to separately justify the sole source award. In addition, under 10 U.S.C. § 2373, DoD has authority to make sole source purchases for items it “considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense.”

In Air Tractor, GAO held that DoD properly relied on its “experimental purchasing” authority under 10 U.S.C. § 2373 to purchase a set of full production light attack aircraft for use in “experiments” to determine the best use of such planes in combat support. GAO found that this purchase was acceptable because it met the requirements of § 2373 alone, regardless of the Air Force’s initial use of its § 2371b prototype OT authority to compare various candidate aircraft. GAO confirmed that while it will exercise jurisdiction to ensure agency compliance with various statutory authorities to award non-procurement contracts, GAO will not impose requirements beyond those stated in the statutes. In upholding the Air Force’s acquisition strategy, the Air Tractor decision provides valuable insight as to the broad scope of § 2373 “experimental purchasing” authority.

Keep reading this article at: http://www.mondaq.com/unitedstates/Government-Public-Sector/895672/GAO-Declines-To-Limit-DoD39s-Experimental-Purchasing-Authority

February 28, 2020 By cs

DHS waives contracting rules for border wall

The Department of Homeland Security will waive traditional contracting rules to expedite construction of a wall along sections of the four states on the southern border.

According to a Federal Register notice published Feb. 20, DHS is looking to accelerate the tempo of construction projects in targeted sections of the planned border wall through a broad waiver or requirements of the use of open competition, pricing data, wage determination and other aspects of the Federal Acquisition Regulation.

In a Feb. 18 appearance on Fox and Friends, Chad Wolf said a section of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, gives DHS the authority to waive the rules to expedite contracting for the wall. Wolf said the agency has used the same authority to waive environmental rules.

Keep reading this article at: https://fcw.com/articles/2020/02/18/dhs-waives-border-wall-wolf.aspx

February 24, 2020 By cs

Our popular Construction Contracting course begins May 4th — Make plans now to attend!

This course answers the important question: What makes construction contracts so different?

The Contracting Education Academy at Georgia Tech is offering the four and a half day Defense Acquisition University course, CON 244: Construction Contracting, during the week of May 4, 2020.

**Students attending Georgia Tech’s contracting classes work in teams to tackle real-life contracting problems.**

The course focuses on government contracting issues unique to the construction field. Topics include: construction planning, construction performance monitoring, funding contingency considerations, environmental impact concerns, special contract terms and conditions, construction contracting in a commercial setting, the Construction Wage Rate Requirements statute (formerly known as the Davis-Bacon Act), the design/build strategy, schedule delay analysis, constructive changes, project acceleration, construction contract quality management, and much more.

For more details, and to register for this course, please visit: https://pe.gatech.edu/courses/con-244-construction-contracting.

Who Should Attend

Contracting officers, contract specialists, contracting officer representatives, program/project managers, small business specialists, and industry contracting personnel.

**Georgia Tech provides a highly interactive learning environment that places emphasis on problem solving and practical application.**

How You Will Benefit

Attendees learn how to:

Apply federal acquisition laws and regulations, including Department of Defense and other agency supplemental regulations, agency policies and procedures, and best practices in soliciting, awarding and administering construction contracts.
Contrast typical support requirements with a federal Construction Acquisition Plan in accordance with FAR Parts 7 and 36, DFARS Parts 207 and 236, and agency supplements, policies and procedures.
Develop a construction solicitation package in accordance with the FAR, agency supplements, and agency policy/procedures.
Evaluate, using appropriate procedures, construction offerors and the contract awardee.
Determine the applicable construction contract administration (compliance) approach, using the FAR, DFARS, DoD regulation/guidelines, and other relevant agency supplements, procedures and best practices.
Formulate a remedy — based on the appropriate clause for a changed construction condition — in accordance with federal and DoD acquisition and other agency laws, regulations, and best practices.
Document appropriate actions necessary to verify costs in order to authorize construction progress payments and initiate construction contract closeout.

Act Now

Plan to join your colleagues in attending this thorough and engaging examination of the federal construction contracting process. Complete registration details are right here.

Credit

Students successfully completing this 4.5-day course receive 32 Continuous Learning Points (CLPs) from the Defense Acquisition University (DAU) and 3.2 Continuing Education Units (CEUs) from the Georgia Institute of Technology. These credits satisfy the latest Level III Federal Acquisition Certification-Contracting, or FAC-C, training requirements.

Added Benefits

You’ll learn in a small group setting at Georgia Tech’s world-class Global Learning Center where you’ll engage in real-life problem-solving exercises. You’ll receive expert instruction, a printed student guide to be used back on the job, valuable handouts, and exclusive electronic resources. Plus, a complimentary breakfast is provided each morning, along with snacks throughout each day.

Registration

For more information, cost, and the registration link, go right here: https://pe.gatech.edu/courses/con-244-construction-contracting.

February 14, 2020 By cs

A call to inaction on Defense acquisition law

The best thing Congress could do for a while is stop passing new legislation.

All of the defense-acquisition-reform legislation passed in recent years by Congress has been well-intentioned; some of it has also been helpful.

Various rapid acquisition and Other Transaction Authorities have helped speed new capabilities to the field. Other changes have helped protect the national security innovation base, shoring up the process by which the Treasury Department reviews foreign investments in U.S. manufacturers, countering Huawei’s dangers, and urging DoD to protect its supply chains. Still other provisions have usefully encouraged more commercial practices in DoD.

But too much recent legislation is burdensome beyond its benefits. The FY 2020 National Defense Authorization Act, or NDAA, contains over 3,400 pages of law and explanation of law. This act contains no provision as helpful as those listed above, and even repeals an earlier waiver authority designed to promote flexibility. It requires extensive reporting on costs and then directs GAO to do a report on these reports. It contains 77 provisions dedicated to acquisition policy – the third-highest number in 15 years. And yet the FY 2020 NDAA is hardly a recent outlier. On average, each of the last five NDAAs contained 79 acquisition provisions, up from an average of 47 over the decade before that.

It’s time for Congress to take a strategic pause in defense acquisition reform; in Hippocratic terms, to do no harm for a year or two.

Keep reading this article at: https://www.govexec.com/defense/2020/01/call-inaction-defense-acquisition-law/162662/

February 3, 2020 By cs

How much do you want to become a ‘FAR master’?

Whether you are a government contracting official or a government contractor, your success hinges on your mastery of the Federal Acquisition Regulation (FAR) — the rules that must be followed in acquiring goods and services.

*Don’t miss the opportunity to learn all about the FAR — side-by-side with your peers.*

The FAR’s rules are voluminous — 2,000 pages in all, plus hundreds of supplemental rules tailored to individual agencies throughout the federal government. How can you be expected to find these rules, grasp their meaning and, most importantly, apply them properly?

Fortunately for you, Georgia Tech has the courses that will teach you all you need to know. And, best of all, our instruction is based on practical application, so you will return to your job equipped with the skills and knowledge to confidently navigate all aspects of contract planning, contract formation, and contract administration.

Our FAR coursework is based on training originally developed by the Defense Acquisition University (DAU). It’s been enhanced by Georgia Tech to provide the know-how actually needed by acquisition professionals like you. And, best of all, our comprehensive coursework is broken-up into modules so that you can learn conveniently, based on your priorities and at your own pace.

The Contracting Education Academy at Georgia Tech (The Academy) offers its comprehensive FAR course in four, one-week classes. Each “module” focuses on a different aspect of the FAR and, best of all, the modules may be taken in any order. This means you have multiple opportunities throughout the year to complete the entire course without the challenge of being away from your job or home for an entire month.

The Academy’s foundational course focuses on four distinctly different aspects of the FAR:

Contracting Overview of the FAR (CON 090-1) introduces the FAR and how to navigate all of the acquisition regulations. This four-day course answers the who, what, when, where, why, and how of the FAR. This module is considered the most challenging lesson in the course, as it provide hands-on training on the FAR’s structure, meaning, and proper application.
Contract Planning in the FAR (CON 090-2) presents information on the policies and procedures for the acquisition of supplies and services from required or preferred sources. Key topics in this lesson include the use of required sources, use of existing contracts, and required participation by small businesses.
Contract Formation in the FAR (CON 090-3) goes deep into different methods of contracting by: 1) comparing and contrasting the solicitation and evaluation of offers in sealed bidding and competitive negotiation, 2) exploring the procedural requirements of making a contract award, and 3) explaining simplified acquisition procedures as well as the policies and procedures for handling bid and size status protests.
Contract Administration in the FAR (CON 090-4) covers the basic principles of contract management, including making contract modifications, administration of selected terms and conditions, handling delays, quality assurance procedures, making payments, addressing disputes and appeals, and contract terminations and closeouts.

**Students are exposed to realistic case studies and get a chance to work in groups to tackle real-life problem-solving exercises.**

Click on any of the course titles listed above to see course schedules and pricing. And see our exclusive Student Resources page for a detailed outline of the content covered in each of our four FAR course modules.

Benefits of attendance include expert instruction, a printed Student Guide to be used back on the job, valuable handouts, and exclusive electronic resources. In addition, a complimentary breakfast is served each morning, along with snacks throughout each day. Plus, you’ll earn Continuous Education Units from Georgia Tech as well as credit toward Defense Acquisition Workforce Improvement Act (DAWIA) and Federal Acquisition Certification in Contracting Program (FAC-C) training requirements.

All courses are conducted in Georgia Tech’s world-class Global Learning Center, conveniently located in Midtown Atlanta. Interested in us bringing our coursework to you? Simply contact us at info@ContractingAcademy.gatech.edu — we will be happy to speak with you about scheduling and quantity discounts.