Navy | The Contracting Education Academy

August 20, 2020 By cs

Ban on Chinese products starts despite confusion over acquisition rule

The second and more arduous deadline for agencies and vendors to ensure they are no longer using certain Chinese made telecommunications products and services is here, and few are happy about it.

Industry and agencies alike continue to sound the alarm about the potential and real impacts of the interim rule implementing part B of Section 889 of the 2019 National Defense Authorization Act.

“There is likely going to be significant impacts that will be felt across the federal sector,” said one government official, who requested anonymity in order to talk more candidly about the interim rule. “It’s very clear that the Defense Department and other agencies fully support the intent of the rule. We all know there is a lot of information about how China transmitted data and stole intellectual property so the intent of the rule is to protect our national security is good. But there will be unintended consequences because of how the specific language was written.”

Under the interim rule, which remains open for comments through mid-September, agencies cannot award new contracts, task orders or modify existing contracts to any vendor who doesn’t self-certify that they are not using products from Chinese companies like ZTE and Huawei.

Keep reading this article at: https://federalnewsnetwork.com/acquisition-policy/2020/08/ban-on-chinese-products-starts-today-despite-confusion-over-acquisition-rule/

July 6, 2020 By cs

GAO: Oversight of contractor compliance with subcontracting plans needs improvement

Half of the contracts recently examined by the Government Accountability Office (GAO) didn’t contain evidence of compliance with small business subcontracting requirements.

The subcontracting report submission system is web-based. *Photo credit: GAO file photo*

Federal agencies are supposed to notify Small Business Administration (SBA) representatives about proposed contracts that contain small business subcontracting plans for possible review. But for about half of the 26 contracts we examined, agencies couldn’t show whether that happened.

Agencies also didn’t ensure that contractors submitted subcontracting reports, or that the reports were accurate.

Certain federal contracts that go to large businesses must have small business subcontracting plans. Under these plans, contractors have to make a good-faith effort to offer subcontracting opportunities to small businesses.

GAO Report Details

GAO, in its report publicly released on June 29, 2020, found that selected agencies did not consistently follow all required procedures for oversight of small business subcontracting plans, both before and after contracts were awarded. GAO reviewed 26 contracts with a subcontracting plan at four agencies — Defense Logistics Agency (DLA), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and the Department of the Navy (Navy).

For about half of the 26 contracts, agencies could not demonstrate that procedures for Procurement Center Representative (PCR) reviews were followed. These SBA representatives may review small business subcontracting plans and provide recommendations for improving small business participation. When an agency is awarding a contract that includes a subcontracting plan, contracting officers are required to notify these representatives of the opportunity to review the proposed contract. Without taking steps to ensure these opportunities are provided, agencies may not receive and benefit from suggestions for increasing small business participation.

For 14 of the 26 contracts, contracting officers did not ensure contractors submitted required subcontracting reports. After a contract is awarded, contracting officers must review reports contractors submit that describe their progress towards meeting approved small business subcontracting goals. In some cases, contracting officers accepted reports with subcontracting goals different from those in the approved subcontracting plans, with no documentation explaining the difference. Without complete and accurate information about a contractor’s subcontracting goals, an agency cannot adequately assess a contractor’s performance in meeting its subcontracting plan responsibilities.

The SBA encourages agency compliance with small business subcontracting plan requirements by providing training to contracting officers and contractors, and by conducting reviews. For instance, SBA Commercial Market Representatives conduct compliance reviews to evaluate a large prime contractor’s compliance with subcontracting program procedures and goal achievement. However, SBA could not provide documentation or information on almost all compliance reviews conducted in fiscal years 2016–2018. SBA has developed new procedures for conducting compliance reviews, but as of mid-March 2020, had yet to fully implement them. SBA has conducted fiscal year 2019 compliance reviews that reflect a first phase of their new procedures. SBA has draft guidance on the new compliance review process, including some specific information regarding what Commercial Market Representatives are to record as part of the compliance review. SBA has begun to conduct compliance reviews in accordance with the guidance, but does not have clearly documented and maintained records for the first phase of these reviews. Without consistent, clear documentation and records that will be maintained going forward, SBA’s ability to track contractor compliance and agency oversight efforts will be limited.

Why GAO Did the Review

Certain federal contracts must have a small business subcontracting plan if subcontracting opportunities exist. But recent Department of Defense Inspector General reports raised concerns about agency oversight of subcontracting requirements. GAO was asked to review oversight of subcontracting plans. Among its objectives, GAO’s report discusses: 1) the extent to which selected agencies (DLA, GSA, NASA, and Navy) oversee small business subcontracting plans, and 2) how SBA encourages agency compliance with subcontracting plan requirements.

GAO reviewed data and documentation for a non-generalizable sample of 32 federal contracts (including 26 contracts with a subcontracting plan) at four agencies, selected to include contracts over $1.5 million at both civilian and military agencies awarded in fiscal years 2016–2018. GAO also reviewed the Federal Acquisition Regulation, SBA and selected agency documentation, and interviewed agency officials.

What GAO Recommends

GAO made 10 recommendations to strengthen oversight of these plans. GAO’s recommendations address ensuring that procedures for PCR reviews are followed, contractor subcontracting reports are monitored and reviewed for accuracy, and SBA compliance reviews are clearly documented and maintained. DLA, GSA, NASA, and Navy concurred with all of GAO’s recommendations. SBA partially concurred with the recommendation pertaining to that agency’s operation, although GAO maintains that its recommendation is warranted.

View GAO’s full report at: https://www.gao.gov/assets/710/707231.pdf.

May 7, 2020 By cs

Navy contract spending jumps 30% in April amid coronavirus pandemic

The federal contracting community has gotten used to seeing major upticks in contract outlays in the last couple months of the fiscal year.

But for the Department of the Navy, April’s numbers rivaled those figures: Contract obligations this month are already up 30% compared to the same period a year ago, and almost double the figures from April 2018.

To be sure, the coronavirus pandemic was a big factor in the increase in dollars-on-contract. Like most other parts of the government, the Navy and Marine Corps are spending a lot to respond to the pandemic itself and to keep vulnerable parts of their supply chains afloat.

But that’s not the whole story, said James Geurts, the assistant secretary of the Navy for research, development and acquisition. The Navy Department’s ability to get cash out the door more quickly is also the result of reform efforts that have been underway for the last two-and-a-half years and emergency planning that predated the COVID crisis.

“I’m seeing some remarkable efficiencies,” he told reporters on a conference call Tuesday. “I think a lot of that is getting rid of layers of bureaucracy that weren’t needed. Some of it is also creating better partnerships with industry so that we can leverage cost and pricing data we already have, and we don’t have to send out an RFP and get a proposal back just to confirm that data. And some of it is just a continued sense of urgency and mission focus.”

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2020/04/navy-contract-spending-jumps-30-in-april-amid-covid-pandemic/

The Contracting Education Academy at Georgia Tech has established a webpage where all contract-related developments related to the coronavirus (COVID-19) are summarized. Find the page at: https://contractingacademy.gatech.edu/coronavirus-information-for-contracting-officers-and-contractors/

May 5, 2020 By cs

Navy hoping to keep some acquisition momentum during COVID-19

The Navy says the way it is procuring goods and services during the COVID-19 outbreak may help quicken acquisitions later on during the crisis and keep programs on target for whenever it ends.

Speaking at the recent virtual Sea Air Space Conference, Navy acquisition chief James Geurts said the service is injecting money into the acquisition system to keep companies liquid with cash so they can stay afloat. The Navy is also speeding up contract awards.

“We are going to apply all the things we’ve learned during this to accelerate during the recovery phase because ships still need to come out on time,” Geurts said. “We’ve got to do the maintenance, we’ve got to continue to supply lethal capabilities to our sailors and marines and we can’t afford to lag the recovery.”

Geurts said he does not foresee the crisis affecting the Navy’s priorities after things return to normal. The Navy still wants at least 350 ships and it wants to field its Columbia-class submarine. The trick is keeping everything on schedule or close to it through the coronavirus outbreak.

“What’s important is that we don’t let the delay and disruption carry any further than it has to into the execution of our programs,” Geurts said. “There will be delay and disruption. The program teams have looked hard into where we were prior to this crisis so we can separate issues we had going in from issues caused by the crisis.”

Keep reading this article at: https://federalnewsnetwork.com/navy/2020/04/navy-hoping-to-keep-some-acquisition-momentum-during-covid-19/

September 3, 2019 By cs

How to manage risk along the federal government supply chain

Even the most sophisticated federal agencies have found it difficult to effectively measure and evaluate the cyber risk of their contractor base.

The U.S. federal government relies on an ever-expanding supply chain of tens of thousands of contractors and subcontractors to provide critical services, hold and maintain sensitive data, and perform key functions. While this supply chain is essential to agencies’ fundamental operations, it also increases the number of access point nefarious actors have to their systems and data and, consequently, puts agencies and sensitive data at greater risk.

Even the most sophisticated federal agencies have found it difficult to effectively measure and evaluate the cyber risk of their contractor base. For example, the Navy recently released a report that highlighted growing concerns around supply chain cybersecurity, noting that the federal supply chain has been “compromised in ways and to an extent yet to be fully understood.” In a July 2019 report on the security of its contractors, the Defense Department Inspector General was blunt: The department “does not know the amount of DoD information managed by contractors and cannot determine whether contractors are protecting unclassified DoD information from unauthorized disclosure.”

In fact, data suggests that contractors are not meeting agency expectations for security. Recent BitSight research found that the average security performance rating across all federal agencies was at least 15 points higher than the mean security performance rating of any contractor sector. In other words, there is a significant security performance gap between federal agencies and their supply chain partners.

The time has come for agencies to prioritize this critical risk in their cybersecurity programs. There are steps agencies can take to more effectively measure, monitor and manage this challenge.

Keep reading this article at: https://www.nextgov.com/ideas/2019/08/how-manage-risk-along-federal-government-supply-chain/159401/