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What the 809 Panel didn’t quite get right

The Section 809 panel offers an important new idea on how the defense acquisition system could be improved to provide the Pentagon greater access to innovative new technologies that are rapidly developed in the private sector.

But the panel fumbled its recommendations with a contradictory and incoherent legislative approach that would hurt more than it helps. That should not undermine the significance of the panel’s underlying idea: a new focus on the source of funding for commercial items instead of the marketplace in which they are sold. This could encourage companies to develop defense-unique products at their own expense. Today, many are driven away when they are forced to accept regulated pricing and burdensome, government-unique contract terms and conditions.

Successes and Failures

We had high hopes when we helped to write the commercial buying acquisition reforms in the Federal Acquisition Streamlining Act of 1994 and the Clinger-Cohen Act of 1996.  These reforms broadened the definition of commercial items, established a commercial item preference, and authorized waivers to government-unique requirements and contract clauses for the purchase of commercial solutions.

As a result, the government went from 476 contracts under simplified commercial item procedures in 1996 to nearly 13 million contracts worth almost $75 billion in 2011. As our colleague Jon Etherton has explained, this enabled the U.S. government to catch up with the information technology revolution that had swept the private sector in the 1990s and likely saved the Department of Defense (DOD) billions of dollars by avoiding unnecessary research and development and the extended acquisition lead times associated with government-unique products.

Keep reading this article at: https://breakingdefense.com/2019/04/what-the-809-panel-didnt-quite-get-right-greenwalt-levine/

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$110,000 settlement reached with tech company and CEO to resolve allegations of false claims on Defense contract

The U.S. Attorney for the District of Colorado, has announced that Progressive Technology Federal Systems, Inc. and its Chief Executive Officer have paid a combined $110,000 to settle allegations that the corporation and its CEO made false statements concerning a consultant’s security clearance and failed to disclose an organizational conflict of interest when bidding on a defense procurement contract. 

One way federal government agencies can buy information technology services is by working with the National Institutes of Health’s Information Technology Acquisition and Assessment Center (NITAAC).   NITAAC is a government-wide program that enables agencies to contract for information technology.  Other federal agencies, including the military, regularly work with NITAAC.

The United States’ allegations relate to a project in which NITAAC was used by the Army and the Air Force for a contract that was awarded to Progressive Technology Federal Systems, Inc. (PTFS).   The United States contends that in 2014, PTFS’s President and CEO, John Yokley, participated in preparing project specifications for a contract to be issued by NITAAC.  The project then was offered by NITAAC for contract bids.  PTFS then submitted its own proposal to take on the contract.  In doing so, however, PTFS stated that it had no conflict of interest relating to the contract.  This statement was false because PTFS had a conflict in that Mr. Yokley had provided input on project specifications that were included in the contract, thereby gaining a competitive advantage for PTFS.  In addition, the project required security clearances, and PTFS falsely stated in its proposal that an individual who would participate in the project as a key “Subject Matter Expert” had an active Top Secret clearance.  PTFS was awarded the contract.  Funding for the contract was later terminated before PTFS could invoice more than $30,000.  The United States claimed that this conduct violated the False Claims Act.

The claims settled by this agreement are allegations.  In entering into this civil settlement, PTFS and Mr. Yokley did not admit liability.  Under the agreement, PTFS paid $65,000, and Mr. Yokley paid $45,000, to resolve the allegations.

Source: https://www.justice.gov/usao-co/pr/us-attorney-announces-110000-settlement-tech-company-and-its-ceo-resolve-allegations

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DHS turns to existing GSA, NIH contracts to (mostly) replace EAGLE

As with a number of major IT vehicles this year, the Homeland Security Department is tossing out plans to recompete a central IT services contract and is instead opting to rely on governmentwide acquisition contracts beginning early next year.

Rather than recompete the Enterprise Acquisition Gateway for Leading-Edge Solutions, or EAGLE II, for a third generation, Homeland Security officials announced last week a transition to a broader acquisition strategy they’re calling EAGLE Next Gen. The strategy will tap a set of existing contracts to build a suite of IT services offerings for use across the department. Homeland Security officials also expect to compete targeted contracts to supplement niche mission needs.

In a determination made Dec. 17, Chief Procurement Officer Soraya Correa said as of Feb. 4, Homeland Security components will purchase IT services off of six GWACs managed by the General Services Administration and the National Institutes of Health: GSA’s Alliant 2 and Alliant 2 Small Business, 8(a) STARS II, VETS 2, and NIH’s CIO-SP3 and CIO-SP3 Small Business.

Keep reading this article at: https://www.nextgov.com/it-modernization/2018/12/dhs-turns-existing-gsa-nih-contracts-mostly-replace-eagle/153731/

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USDS to certify new acquisition specialty

The U.S. Digital Service is adding a digital services contracting certification to create a cadre of “technology acquisition mavericks.”

After two pilot efforts , USDS, along with the Office of Federal Procurement Policy, is launching a new certification program for digital services contracting for civilian agencies with an eye to reducing the cost and time it takes to procure digital services in government.

The idea for new program stemmed from a Challenge.gov winning submission, proposed by ICF International and ASI Government.

Government “didn’t teach how to buy digital services,” said Joanie Newhart, Associate Administrator for Acquisition Workforce Programs, Office of Federal Procurement Policy.

Keep reading this article at: https://fcw.com/articles/2018/05/23/usds-new-specialty.aspx

See the Office of Federal Procurement Policy’s memorandum May 18, 2018 on this subject at: https://www.whitehouse.gov/wp-content/uploads/2018/05/fac_c_digital_services_05_12_18.pdf

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Military seeks faster cyber acquisition turnaround

The U.S. military is employing a mixture of procurement contracts and innovative practices to speed up the acquisition of defensive and offensive cyber technology as the volume and intensity of cyber attacks and threats against government agencies — both civilian and Defense — continues to rise.

Cyberspace is a warfighting domain that is critical to ensuring the military’s capability to operate going forward. The concept of operations for defensive cyber is complex because capabilities are dispersed across the battlespace and must continually adapt to evolving threats. The capabilities must protect data, networks and net-centric operations as well as be interoperable with other IT and software-dependent systems, according to Lt. Col. Scott Helmore, director of the Army Defensive Cyber Operations office (DCO).

Traditional requirements, funding, development, production and fielding of capabilities usually span years. However, technology is advancing so rapidly, and cyber threats are becoming so much more sophisticated, that cyber weapons and tools can become obsolete within months after deployment. As a result, Army DCO is looking to reduce the acquisition process to 30 days.

Keep reading this article at: https://federalnewsradio.com/cyber-exposure/2018/04/military-seeks-faster-cyber-acquisition-turnaround/

 

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