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Space Force sets first Pitch Day using alternative acquisition authority

As the Space Force begins to stand up operations, the newest military branch wants to get in on the latest wave of acquisition options to match its space-age mission.

Space Force officially became the sixth branch of the military in December with passage of the 2020 National Defense Authorization Act. As the newly-minted branch gets up and running, the 45th Space Wing, based out of Patrick Air Force Base in Brevard County, Florida, is holding a pitch day on March 4 to hear about “innovative solutions” to several problem areas around installation support and space operations.

For the pitch day, Space Force is leaning on its Commercial Solutions Opening, or CSO, authority, which allows certain government agencies — such as the Defense Department — to move quickly on acquisitions involving innovative ideas, especially those from nontraditional vendors that could use government funding to move from idea to prototype to production. The CSO contracting method uses iterative funding to move a project through four phases of development—the same structure used for Other Transaction Authority, or OTA, contracts.

“The Space Force intends to obtain ‘innovative’ solutions or potential new capabilities that fulfill requirements, close capability gaps or provide potential technology advancements,” according to a notice posted to the Contracting Opportunities website.

Keep reading this article at: https://www.nextgov.com/emerging-tech/2020/01/space-force-sets-first-pitch-day-using-alternative-acquisition-authority/162244/

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A win-win contracting tool for the Pentagon and the private sector

The Defense Department is taking measures to get new capabilities to warfighters more quickly, and they’re working. One of these tools is called Other Transaction Authority. 

The Pentagon has made increasing use of this contracting method, which has existed since the space race but was expanded dramatically in the 2016 National Defense Authorization Act.

The value of Other Transaction Authority agreements has increased nearly 300% since 2016, from $1.4 billion to $3.7 billion, according to a Government Accountability Office report released in November.

The normal defense contracting system is, by all accounts, too slow. Secretary of the Army Ryan McCarthy has likened the procurement system to baseball: “It’s like having a 19-year-old kid that can throw a 100-mile-an-hour fastball but who won’t make the majors until he’s 39.”

Keep reading this article at: https://www.dailysignal.com/2019/12/30/a-win-win-contracting-tool-for-the-pentagon-and-the-private-sector/

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Pentagon nearly doubles use of Other Transaction Authority purchases

The Defense Department is embracing the alternative procurement method but could use more oversight of the deals, a Government Accountability Office audit found.

The Pentagon upped its use of purchases through other transaction authority, or OTAs, significantly over the past fiscal year, nearly doubling both the number of total OTA contracts and total investment.

In fiscal 2017, the Defense Department issued 384 new awards, modifications or orders for OTA contracts totaling $2.1 billion in obligations. In 2018, the Defense Department contracted 618 OTA awards totaling $3.7 billion, according to a Government Accountability Office audit released this week.

Based on data from the Federal Procurement Data System, the audit indicates the Pentagon has more than tripled its use of OTA contracts since it received enhanced authorities from the 2016 National Defense Authorization Act. In that year, Defense agencies issued only 248 OTA awards for approximately $1.4 billion.

Keep reading this article at: https://www.nextgov.com/emerging-tech/2019/11/pentagon-nearly-doubles-use-other-transaction-authority-purchases/161504/

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Frictionless federal acquisition? — It’s possible and a new online tool can help

One of the best questions that came up at the recent 2019 Imagine Nation ELC conference in Philadelphia, Pennsylvania was during a panel on acquisition. It went something like this: If the Federal Acquisition Regulations are a Frankenstein monster of cobbled together rules and requirements, why not just start over?

A question many federal acquisition and program managers probably have asked themselves at least a dozen times a year.

While the 2,000 page FAR probably has some body parts that agencies could do without, there is no reason to kill the monster.

Meagan Metzger, founder and CEO of Dcode, which promotes the use of commercial technology in the public sector, said there are important concepts that the FAR promotes that every contracting officer or program manager needs to know.

Chris Hamm, the director of FEDSIM at the General Services Administration, offered a common refrain—the FAR lets you do almost anything, especially under Parts 8.4 and 12.

Then why are agencies and vendors alike so excited about Other Transaction Authorities (OTAs) or Commercial Solution Openings (CSOs) as a way to avoid—get around—using the FAR?

New data from the Professional Services Council’s 2019 Vision Forecast found the Defense Department’s use of OTA’s mushroomed by 40% in 2018 over 2017 and some estimates say the Pentagon could spend as much as $7 billion through this approach in 2019.

GSA and the Department of Homeland Security also have begun using similar authorities.

GSA, for instance, has done eight awards under its CSO authority. Tom Howder, the acting deputy commissioner of the Federal Acquisition Service, said at the PSC event that 75% of the awards went to companies without a GSA schedule, meaning non-traditional contractors.

Keep reading this article at: https://federalnewsnetwork.com/reporters-notebook-jason-miller/2019/11/frictionless-federal-acquisition-its-possible-and-a-new-online-tool-can-help/

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COFC finds no jurisdiction over SpaceX’s OTA protest

The Court of Federal Claims dismissed SpaceX’s OTA bid protest finding that the court lacks subject matter jurisdiction over this OTA protest.

In a recently released decision, the COFC held that the court did not have Tucker Act jurisdiction to resolve a bid protest challenging the award of Other Transaction Agreements (OTAs).

In this case of first impression, SpaceX challenged the Air Force’s award of three OTAs for launch services. SpaceX acknowledged that the Air Force’s prototype OTAs were not “procurement contracts” under the Tucker Act.  However, SpaceX noted that, following the government’s investment in the development of launch system prototypes under the OTA, the Air Force plans to procure launch services via a competitive procurement during Phase two of the program. As a result, SpaceX argued that the OTA was awarded “in connection with” the Phase two procurement, and therefore subject to Tucker Act jurisdiction.

The court rejected this argument, finding that the OTA award was not “in connection with a procurement or proposed procurement,” as contemplated by the Tucker Act. The court noted that the OTA and procurement competitions involved separate and distinct solicitations with different acquisition strategies, different start dates, and different goals. The court also noted that the Phase two Procurement will not be limited to the companies awarded the prototype OTAs.

Keep reading this article at: www.mondaq.com/article.asp?articleid=848220

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