NASA | The Contracting Education Academy

January 11, 2019 By cs

Air Force turns to nontraditional contracting for space technology projects

The Air Force just over a year ago formed a Space Enterprise Consortium to expedite the development and prototyping of satellites, ground systems, space sensors and other technologies that U.S. adversaries are advancing at a rapid pace.

Air Force Secretary Heather Wilson hailed the SpPEC as a successful business model that cuts red tape considerably compared to traditional defense contracting. The consortium so far has started 34 projects worth about $110 million and has been authorized to fund nearly $400 million in additional projects over the next four years.

“The initial ceiling for SpEC was $100 million but was increased to $500 million in order to address the emphasis and demand for other transactions agreements to support prototyping efforts,” Air Force Capt. Benjamin Leaf, the SpEC program manager, told SpaceNews in a recent interview.

Keep reading this article at: https://spacenews.com/air-force-turns-to-nontraditional-contracting-for-space-technology-projects/

January 2, 2019 By cs

What to expect from ‘other transaction authorities’ in 2019

If there is one term that has punctuated government contracting in 2018, it is “OTA.”

The use of OTAs or “other transaction authority” agreements has grown significantly in the federal government over the last year, due to this contract vehicle’s ability to help federal agencies rapidly incorporate new technologies required to ensure the success of today’s complex missions.

Although this style of contract is not new to the federal contracting community (in fact, it was brought onto the scene in the 1950s to aid NASA in the space race), we can expect to see additional use of OTAs to gain access to groundbreaking technologies faster and more efficiently in 2019.

There are three things you can expect to see from OTAs in the next year and beyond.

Keep reading this article at: https://www.nextgov.com/ideas/2018/12/what-expect-other-transaction-authorities-2019/153713/

August 30, 2018 By cs

OTAs: Preserving the authority

Other Transaction Authorities are the latest buzzwords in federal contracting, and for good reason.

OTAs have become critical to rapid prototyping in the defense realm, in some cases cutting off years from the time warfighters wait for new systems and capabilities.

OTAs are a business tool that let the government buy products and services using means other than those governed by the Federal Acquisition Regulations. These authorities, initially conceived by NASA in the 1950s and later expanded to the Defense Department in 1994, have recently surged in use and popularity — and praise. However, they also elicit a fair amount of criticism and debate about their future.

Fairness during the award process, soundness of proposals and lack of public information throughout the course of the award are among issues detractors highlight on OTAs. If their supporters want to preserve this acquisition instrument, they must address these concerns.

They’re not small concerns.

Keep reading this article at: https://washingtontechnology.com/articles/2018/08/03/insights-hawk-carlisle-ota.aspx

July 12, 2018 By cs

Proposed rule would create a separate, more restrictive standard for ‘adequate price competition’

On June 12, 2018, the Department of Defense (“DoD”), the General Services Administration, and NASA proposed a new rule that would limit the “adequate price competition” exception to certified cost or pricing data requirements on all DoD, NASA, and Coast Guard procurements.

Currently, FAR 15.403-1 prohibits contracting officers from requiring contractors to submit certified cost or pricing data to support a contract action when the contracting officer determines that the prices agreed upon are based on “adequate price competition,” which the regulation defines in one of three ways:

Two or more responsible offerors, competing independently, submit priced offers that satisfy the Government’s expressed requirement where award will be made in a best-value competition and there is no finding that the price of the otherwise successful offeror is unreasonable;
Only one offer is received from a responsible offeror, but there was a reasonable expectation that two or more responsible offerors, competing independently, would submit priced offers, the offer received was submitted with the expectation of competition, and the determination that the proposed price is based on adequate price competition and is reasonable has been approved at a level above the contracting officer; or
Price analysis clearly demonstrates that the proposal price is reasonable in comparison with current or recent prices for the same or similar items, adjusted to reflect changes in market conditions, economic conditions, quantities, or terms and conditions under contracts that resulted from adequate price competition.

The proposed rule, however, would eliminate the second and third definitions for the DoD, NASA, and the Coast Guard. Instead, for these agencies, a price would be based on adequate price competition “only if two or more responsible offerors, competing independently, submit responsive and viable offers.”

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=715666

May 11, 2018 By cs

FAR rule implements higher dollar threshold for GAO’s protest jurisdiction over DoD, NASA, Coast Guard task orders

In a new rule announced May 1, the FAR Council implemented prior statutory changes to GAO’s bid protest jurisdiction.

For task orders issued by the Department of Defense, NASA, or the Coast Guard, the rule provides that GAO will have jurisdiction only over task orders “valued in excess of $25 million.”

For civilian agencies, GAO continues to have jurisdiction over protests of task orders “valued in excess of $10 million.” The rule also permanently repeals a pre-existing FAR clause that had set a September 30, 2016 expiration date on the ability to protest civilian agency task orders.

The new rule — codified as FAR 16.505(a)(10) — implements Section 835 of the National Defense Authorization Act for Fiscal Year 2017, which directed the FAR Council to establish the new DoD, NASA, and Coast Guard threshold. (The sunset date for protests of civilian agency task orders had previously been repealed by the GAO Civilian Task and Delivery Order Protest Authority Act of 2016.) According to the FAR Council, its new rule is designed to “follow[] the statute exactly.”

Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/05/new-far-rule-implements-increased-minimum-dollar-threshold-for-gaos-protest-jurisdiction-over-dod-nasa-and-coast-guard-task-orders/

The Air Force just over a year ago formed a Space Enterprise Consortium to expedite the development and prototyping of satellites, ground systems, space sensors and other technologies that U.S. adversaries are advancing at a rapid pace.

If there is one term that has punctuated government contracting in 2018, it is “OTA.”

Other Transaction Authorities are the latest buzzwords in federal contracting, and for good reason.

On June 12, 2018, the Department of Defense (“DoD”), the General Services Administration, and NASA proposed a new rule that would limit the “adequate price competition” exception to certified cost or pricing data requirements on all DoD, NASA, and Coast Guard procurements.

In a new rule announced May 1, the FAR Council implemented prior statutory changes to GAO’s bid protest jurisdiction.

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