NDAA | The Contracting Education Academy

December 11, 2020 By cs

Proposed rule will revise the FAR definition of ‘commercial item’

The FAR Council has issued a Proposed Rule implementing amendments to the current FAR definition of “commercial item.”

The Proposed Rule will eliminate the current FAR definition of “commercial item” and replace it with separate definitions for “commercial products” and “commercial services. The proposed definitions are designed to benefit both contractors and the acquisition workforce by simplifying the application of the “commercial” concept and providing greater clarity on the scope of each term.

Comments on the Proposed Rule must be submitted no later than December 14, 2020.

As a matter of background, the Proposed Rule implements both Section 836 of the National Defense Authorization Act for Fiscal Year 2019 and a recommendation from the Section 809 Panel.

Keep reading this article at: https://www.mondaq.com/unitedstates/government-contracts-procurement-ppp/1000792/clarity-sweet-clarityproposed-rule-will-revise-the-far-definition-of-commercial-item

October 27, 2020 By cs

Federal contractors argue cyber insurance isn’t a safe bet for better security

The idea that a vibrant insurance market could be an industry-friendly cybersecurity solution may be based on a flawed assumption.

**Click on image above to download a copy of PSC’s letter.**

A broad range of federal contractors fear a watchdog report on the government’s role facilitating coverage of cybersecurity risks — included in the House-passed National Defense Authorization Act — will lead to a mandate that their companies hold related insurance policies.

In a recent letter to leaders of the House and Senate Armed Services committees, the Professional Services Council (PSC) opposed a provision in the House bill calling for the Government Accountability Office to produce recommendations after studying the state of the insurance industry and the extent to which it’s tied to minimum standards for cybersecurity.

The provision — Sec. 1710A — doesn’t require federal contractors to have cyber insurance policies, but it is grouped together in the letter with a number of other proposals around cyber threat hunting and intelligence sharing that are based on recommendations of the public-private, nonpartisan, congressionally established Cyberspace Solarium Commission.

The commission’s lawmakers — who represent the political spectrum — are trying to get as many of its recommendations as possible to survive conference negotiations and make it into the final annual defense authorization bill.

Keep reading this article at: https://www.nextgov.com/cybersecurity/2020/10/federal-contractors-argue-cyber-insurance-isnt-safe-bet-better-security/169231/

September 29, 2020 By cs

Pentagon acquisition chief hints Section 889 supply chain waiver may be extended

The Pentagon and the Office of the Director of National Intelligence are discussing extending a waiver that gives the defense industrial base more time to ensure certain noncritical weapons systems comply with a new rule aimed at excising Chinese telecommunications equipment from the supply chain, according to the Defense Department’s acquisition chief.

Undersecretary for Acquisition and Sustainment Ellen Lord talked briefly about implementation of Section 889 Part B, a provision of the 2019 National Defense Authorization Act, during a Defense News Conference. Her remarks came a day ahead of a feedback webinar the General Services Administration will host to solicit questions, comments and concerns from stakeholders about Section 889 implementation.

“So what we did is we got a waiver from ODNI for noncritical weapons systems,” Lord said. “We continue to discuss an extension beyond September of that with them.”

Part B of Section 889 officially went into effect August 13, about a month after the final version of the rule was released in July. The rule prohibits federal agencies from contracting with entities that use equipment from certain covered companies including Huawei and ZTE. In effect, Part B requires contractors to search through their supply chains to determine and disclose to the government whether they use any of the covered equipment or services.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2020/09/pentagon-acquisition-chief-hints-section-889-supply-chain-waiver-may-be-extended/168332/

September 24, 2020 By cs

Comments on government supply chain rule push for better definitions and more time

Industry groups and other comments highlight the difficulty of complying with a provision of last year’s defense authorization act that requires the removal of products from companies including Huawei and ZTE.

The broad, ambiguous language of Congressionally-mandated rule for government contractors to remove products and services from companies that pose threats to national security is complicating implementation, according to public comments.

The comment period for the interim Federal Acquisition Rule implementing Part B of Section 889 — a provision of the 2019 National Defense Authorization Act — closed last week, and the more than 30 comments submitted raise questions related to fundamental compliance issues.

While in general, commenters agree with the rule’s intent, groups representing industry, including the National Defense Industrial Association, BSA | The Software Alliance, the Coalition for Government Procurement and the Internet Association submitted detailed letters to Regulations.gov outlining compliance challenges. Nearly all asked for extended timelines for implementation and better definitions for key terms and phrases used in the regulation.

Keep reading this article at: https://www.nextgov.com/cybersecurity/2020/09/comments-government-supply-chain-rule-push-better-definitions-and-more-time/168460/

September 17, 2020 By cs

GSA finally pushing price competition to where it belongs: At the task order level

Emily Murphy, the General Services Administration’s administrator, uttered her “famous” words during her nomination hearing before the Senate Homeland Security and Governmental Affairs Committee in October 2017: “We are trying to make sure GSA’s contracting officers and our policies support really vigorous competition at the task order level because that is the amount we actually are going to spend so we want to get the best deal there, the most competition we can there.”

She offered experience, understanding and hope where only previous administrators’ words offered hallowed general concepts before.

If anyone understood the ridiculousness of asking a vendor’s price for something they haven’t seen the requirements for, it was Murphy.

And when Congress blessed the concept of creating an “unpriced multiple award contract” where costs only mattered at each individual task order level in the 2018 National Defense Authorization Act, many in the acquisition community — including myself — thought the clarion call finally has been heard.

Keep reading this article at: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2020/08/gsa-finally-pushing-price-competition-to-where-it-belongs-at-the-task-order-level/

The FAR Council has issued a Proposed Rule implementing amendments to the current FAR definition of “commercial item.”

The idea that a vibrant insurance market could be an industry-friendly cybersecurity solution may be based on a flawed assumption.

Industry groups and other comments highlight the difficulty of complying with a provision of last year’s defense authorization act that requires the removal of products from companies including Huawei and ZTE.

Search this Website