FAR | The Contracting Education Academy

July 16, 2018 By cs

Alternative acquisition approach offers promise

Small businesses often lead the pack in innovation and agility, but cumbersome acquisition processes can stall the way forward when working with government agencies.

The Defense Information Systems Agency (DISA) hopes to grease the skids between ingenuity and warfighters by offering a streamlined method for carrying out prototype projects and transitioning successes into follow-on production.

The Other Transaction Authority (OTA) methodology offers an alternative to the traditional rules outlined in the Federal Acquisition Regulation (FAR) process. Congress officially implemented the OTA in 1994 as part of the National Defense Authorization Act. In the National Defense Authorization Act for Fiscal Year 2018, Congress doubled the dollar thresholds of OTAs that required approvals. In addition, the definition of prototype was broadened to include an analysis, process improvement, hardware and software.

Scott Stewart, technical director, Procurement Services Directorate, DISA, understands that today’s innovators in revolutionary and disruptive technologies come from a sector of the economy that faces fewer restrictions in procurement regulations than those the federal government poses. As a result, DISA executes and enters into OTA agreements to leverage leading-edge technologies, while appreciating and accommodating the limitations of these market leaders, he explains.

Keep reading this article at: https://www.afcea.org/content/alternative-acquisition-approach-offers-promise

July 14, 2018 By cs

Learn fundamentals of federal contracting rules Sept. 11-14

The Contracting Education Academy at Georgia Tech (The Academy) kicks-off a four-day course on Tuesday, September 11, 2018, covering the fundamentals of using the Federal Acquisition Regulation (FAR).

The course is being conducted at Georgia Tech’s world-class professional education facilities in the Global Learning Center located on campus in midtown Atlanta.

This contracting overview of the FAR, covers Module 1 of CON 090: Federal Acquisition Regulation (FAR) Fundamentals, and includes the identification of the basic principles of contracting by the federal government, identification of and access to on-line resources, and instruction on the location, citation, and interpretation of the FAR, the Defense Federal Acquisition Regulation Supplement (DFARS) as well as other agency FAR supplements.

More information about this course is available at: http://www.pe.gatech.edu/courses/con-090-1-contracting-overview-far. Complete registration information is located there, too.

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

Originally designed exclusively for federal contracting officers, The Academy has expanded its scope so that it is relevant to multiple audiences, including contractors seeking to learn more about the federal contracting process, federal officials who need to satisfy job-related continuous education requirements, and anyone seeking more information about the federal acquisition profession.

In all, there are four modules that make-up the CON 090 course series. Information about the entire series can be found at: https://pe.gatech.edu/courses/con-090-1-contracting-overview-far.

The Academy’s complete list of government acquisition courses, and course scheduling, is at: http://contractingacademy.gatech.edu/training.

The Contracting Education Academy at Georgia Tech is an official equivalency training provider of the Defense Acquisition University (DAU). The Academy also offers new coursework from the Federal Acquisition Institute.

Students attending CON 090 courses at Georgia Tech receive expert instruction, a printed Student Guide, helpful handouts, a deck of FAR Cards, and access to exclusive on-line resources. Students earn 2.8 CEUs. In addition, a complimentary breakfast in provided each class day.

July 13, 2018 By cs

Other transaction authority: Protests and disputes

Ready or not — Federal agencies are increasingly utilizing Other Transaction Authority (OTA) to craft agreements that are not subject to traditional procurement laws and therefore should, in theory, allow the Government greater access to innovative solutions.

While the goal of OTA procedures may be to avoid bottlenecks inherent in procurement under the Federal Acquisition Regulations (FAR), in the end they may result in valuable contracts with the government. As with any such contracts, it is inevitable that disputes will arise during their formation and administration.

While there is very little precedent relating to protests of OTA awards or claims arising under OTA-awarded contracts, there are some fundamental principles and analogous decisions that suggest how this early history of OTA protests and claims may unfold. This article attempts to portray the current landscape for protests of OTA awards and contract claims arising during performance of an OTA agreement.

But, first, a bit of context.

Executive agencies derive authority to enter into traditional procurement contracts, grants, and cooperative agreements from Congress. “OTA” is a rubric describing a set of statutes that explicitly grant certain agencies the authority to enter into agreements other than procurement contracts, grants, and cooperative agreements. Over the past roughly 60 years, Congress has granted varying degrees of OTA to various agencies, including NASA and the Department of Defense (DoD).

In theory, freedom from the burdens of traditional procurement laws and procedures should allow agencies to craft creative, customized agreements without the requirements and compliance burdens that can scare groundbreaking commercial companies away from the government contracting market. Of great interest to commercial companies, OTA awards are exempt from the Bayh-Dole Act and its associated patent and data rights regulations, allowing parties to an OTA agreement great flexibility in negotiating protection of intellectual property rights. As innovation is increasingly driven in the commercial sector by companies that are not reliant on federal funding, agencies are turning to OTA in order to attract companies that would not otherwise consider pursuing a traditional procurement opportunity.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=716090

July 11, 2018 By cs

Learn how the government administers contracts during week of Aug. 6th

Before summer ends, you have the opportunity to attend a week-long course at Georgia Tech that comprehensively covers the federal contract administration process.

The course — Contract Administration in the FAR — begins Monday, Aug. 6 and concludes Friday, Aug. 10, 2018. Registration details may be found at: https://pe.gatech.edu/courses/con-090-4-contract-administration-far.

Students work in teams to answer questions and solve problems involving contract administration.

Who Should Attend

Government contracting officials will learn not only the rules but the best practices in contract administration. And, this course satisfies required FAC-C and DAWIA certification programs.
Business people, including those to aspire to become federal contractors, will learn how to use the power of being an incumbent to win future contracts as well as how to protect contractual interests.

How You Will Benefit

You will learn:

The fundamental concepts of government contract administration.
The rights of the parties when contract performance is not timely.
Both the government’s and the contractor’s rights when contract performance comes into question.
The policies and procedures for preparing and processing contract modifications.
How to apply the requirements of applicable contract clauses in various contracting scenarios.
The applicable payment clauses and invoicing procedures.
The policies and procedures for filing and processing contract disputes and appeals.
The policies and procedures pertaining to the complete or partial termination of contracts for the convenience of the government or for default.
All pertinent parts of the Federal Acquisition Regulation (FAR).

Content

- - Contract administration basics
  - Contract modifications
  - Administration of selected terms and conditions
  - Delays
  - Quality assurance
  - Payment and cost allowability
  - Disputes and appeals
  - Terminations
  - Closeout

Materials

Each student receives a printed Student Guide, exercises, updated supplemental information, and exclusive access to web-based student resources. A complimentary breakfast is provided each morning, along with snacks throughout each day.

Additional Information

The Contracting Education Academy at Georgia Tech (The Academy) is an approved equivalency training provider to the Defense Acquisition University (DAU) and the Federal Acquisition Institute (FAI). Our courses satisfy both the FAC-C and the DAWIA certification programs. The coursework also provides students the opportunity to earn continuing education unit credits (CEUs) for acquisition and government contracting professionals as well as business professionals working for the government or pursuing opportunities in the federal contracting arena.

More Information and To Register

For more information on this course, please visit: https://pe.gatech.edu/courses/con-090-4-contract-administration-far

June 28, 2018 By cs

Hacking acquisition: How the federal government uses OTA to buy tech fast

For decades, one of the Pentagon’s biggest procurement problems has been rapidly purchasing modern and emerging technologies.

Through traditional contracting processes under the Federal Acquisition Regulation, procurements could sometimes run years, and large tech acquisitions across defense and military agencies were among the most likely to fail across government.

In recent years, however, the Pentagon has explored new means by which to procure technology: other transaction authorities.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2018/06/hacking-acquisition/149046/

Download the free ebook here.