Proposed Rule | The Contracting Education Academy

December 7, 2018 By cs

DoD moving away from LPTA for IT acquisitions

The Department of Defense (DoD) published a new proposed rule in the Federal Register on Tuesday of this week that follows through on legislation to remove the lowest price technically acceptable (LPTA) acquisition methodology from IT and cybersecurity acquisitions, in favor of the tradeoff source selection process.

The proposed rule, open to comment until Feb. 4, 2019 would be implemented in the Defense Acquisition Regulation Supplement (DFARS), and is based on both the 2017 and 2018 National Defense Authorization Acts (NDAAs), which include language to define when LPTA is to be used.

While initially passed as part of Section 813 in the 2017 NDAA, the 2018 NDAA included some amendments to define when LPTA should be used.

Keep reading this article at: https://www.meritalk.com/articles/dod-moving-away-from-lpta-for-it-acquisitions/

See Proposed Rule by the Defense Acquisition Regulations System on 12/04/2018 here: https://www.federalregister.gov/documents/2018/12/04/2018-26306/defense-federal-acquisition-regulation-supplement-restrictions-on-use-of-lowest-priced-technically

December 12, 2016 By cs

Breaking the ‘institutional density’ of industry, government communications

Two mythbusters memos from the Office of Federal Procurement Policy (OFPP); the reestablishment of the Frontline Forum for contracting officers; a host of Web and in-person educational sessions over the last five years, and still the idea that government and industry can communicate about contracts is hard for many acquisition workers to grasp.

federal-register-tilted Someone called it a matter of breaking through the “institutional density” of an organization.

The latest attempt to break through that historic blockage is a proposed rule by the Federal Acquisition Regulatory Council in Nov. 29’s Federal Register.

The proposed rule says “government acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing laws and regulations, and promote a fair competitive environment.”

Keep reading this article at: http://federalnewsradio.com/reporters-notebook/2016/12/breaking-institutional-density-industry-government-communications/

July 20, 2016 By cs

DoD finally issues proposed rule addressing 2012 NDAA changes to technical data rights

On June 16, 2016, the Department of Defense (DoD) issued a proposed rule to implement Section 815 of the National Defense Authorization Act for Fiscal Year 2012, which was originally enacted in December 2011.

Under the proposed rule, DoD would be given additional flexibility to release technical data or computer software to third parties (including competitors) if the data qualify as “segregation or reintegration” data. Although the data would include limited-rights data or restricted-rights software, the recipient would be permitted to use the data or software only for segregation or reintegration, and must destroy the data or software at the “completion of authorized activities.”

The rule also permits, among other changes, the DoD to require delivery, without any time limits, of various technical data and software that either have been generated or merely “utilized” in the performance of a contract.

Four years in the making, this proposed rule attempts to implement and clarify statutory changes introduced in section 815 of the National Defense Authorization Act (NDAA) for Fiscal Year 2012.

Despite the attempt to clarify, the proposed regulations still leave open significant questions for contractors with respect to technical data rights.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2016/07/6862/

March 3, 2016 By cs

DoD proposes DFARS amendment to create awareness of contractors’ independent R&D

The Department of Defense (DoD) is proposing to amend to the Defense Federal Acquisition Regulation Supplement (DFARS) such that defense contractors will be required to give notice of proposed Independent Research and Development (IR&D) projects.

In a Federal Register notice published on Feb. 16, 2016, DoD explained that proposed rule aims to increase awareness of the relevance of and potential interest by the military in opportunities created by IR&D investments.

According to the notice, the government treats investments made by defense companies as allowable costs. If adopted, the rule will require Defense contractors to inform DoD staff of the outcomes of completed IR&D projects. “The objective of this engagement is to ensure that both IR&D performers and their potential DoD customers have sufficient awareness of each other’s efforts and to provide industry with some feedback on the relevance of proposed and completed IR&D work,” according to the proposed rule.

Industry comments on the proposed rule are due Apr. 18, 2016. Comments may be submitted via the Federal eRulemaking portal by entering “DFARS Case 2016-D002” under the heading “Enter keyword or ID” and selecting “Search.” Select the link “Submit a Comment” that corresponds with “DFARS Case 2016-D002.” Follow the instructions provided at the “Submit a Comment” screen.

January 19, 2016 By cs

Proposed DFARS amendment would augment multi-year contract oversight

A proposed rule issued by the Defense Department would allow Congress to put DoD’s multi-year contracts on a shorter leash.

The proposal, which the Federal Register published Dec. 30, 2015 seeks to amend the Defense Federal Acquisition Regulation Supplement (DFARS) and implement a requirement under the 2015 National Defense Authorization Act (NDAA).

The proposal would require Congressional defense committees to be notified 30 days before a multi-year contract is terminated.

The NDAA also requires the DFARS to clarify that a multi-year contract can’t be entered into unless the Secretary of Defense certifies in writing no later than 30 days before the contract’s award that it meets certain requirements.

Keep reading this article at: http://www.fiercegovernmentit.com/story/proposed-dfars-amendment-would-augment-multi-year-contract-oversight/2016-01-06

See the proposed rule in the Federal Register at: https://www.federalregister.gov/articles/2015/12/30/2015-32873/defense-federal-acquisition-regulation-supplement-multiyear-contract-requirements-dfars-case

On June 16, 2016, the Department of Defense (DoD) issued a proposed rule to implement Section 815 of the National Defense Authorization Act for Fiscal Year 2012, which was originally enacted in December 2011.

The Department of Defense (DoD) is proposing to amend to the Defense Federal Acquisition Regulation Supplement (DFARS) such that defense contractors will be required to give notice of proposed Independent Research and Development (IR&D) projects.

A proposed rule issued by the Defense Department would allow Congress to put DoD’s multi-year contracts on a shorter leash.

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