Senate Armed Services Committee | The Contracting Education Academy

March 3, 2021 By cs

Microsoft’s president calls for bid protest reforms

After years of pain over the legal battles related to the Joint Enterprise Defense Infrastructure cloud contract, Microsoft is calling on Congress to take a look at the protest process.

During a Tuesday Senate Armed Services Committee hearing on emerging technologies and national security, Microsoft President Brad Smith said it’s time to examine the protest process because it does not keep up with the speed of technological innovation. Smith’s remarks come as continuing legal troubles threaten to sink JEDI, which Microsoft was re-awarded in September.

“We all want to ensure fairness,” Smith said. “And that includes a fair right to be heard. But we could definitely benefit from an accelerated timeline to do so.”

The Defense Department conceived the $10 billion JEDI concept around four years ago, but implementation has been held back because of multiple legal challenges from Oracle, IBM and Amazon Web Services throughout the procurement. Oracle recently filed a petition with the Supreme Court for a review of a decision on its own pre-award JEDI protest.

As it stands, a decision from a federal judge on a motion filed by Microsoft and DoD on portions of AWS’s protest alleging improper political influence in the award process by administration officials is pending.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2021/02/microsoft-president-calls-bid-protest-reforms/172248/

Also see: https://www.defenseone.com/policy/2021/02/should-pentagon-reform-its-bid-protest-rules/172260/

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/

November 21, 2019 By cs

DoD’s second financial audit uncovers 1,300 new deficiencies

The results of the Pentagon’s second-ever full financial audit are a decidedly mixed bag: Although officials were able to point to some areas of significant progress in managing the Defense Department’s finances over the past year, overall, auditors are uncovering new problems faster than the department is fixing them.

At this time a year ago, auditors had made 2,410 separate findings and recommendations during the department’s first-ever financial audit. In the 2019 financial report DoD issued Friday evening, officials said 556 of those had been resolved. But besides the more than 1,800 problems the department is still wrestling with from 2018, auditors made more than 1,300 new findings during the course of the latest audit.

In addition, the audit turned up a larger number of material weaknesses this year.

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2019/11/dods-second-financial-audit-uncovers-1300-new-deficiencies/

April 19, 2019 By AMK

Senate Armed Services Subcommittee on Cybersecurity holds hearing to discuss responsibilities of the industrial base

On March 26, 2019, the Senate Armed Services’ Subcommittee on Cybersecurity held a hearing to receive testimony assessing how the Department of Defense’s (DoD) cybersecurity policies and regulations have affected the Defense Industrial Base (DIB).

To gain a better understanding of the DIB’s cybersecurity concerns, the Subcommittee invited William LaPlante, Senior Vice President and General Manager of MITRE’s National Security Sector; John Luddy, Vice President For National Security Policy at the Aerospace Industries Association; Christopher Peters, Chief Executive Officer of the Lucrum Group; and Michael MacKay, the Chief Technology Officer of Progeny Systems Corporation.

In their opening remarks, the Chairman of the Subcommittee, Senator Mike Rounds (R-SD), and Ranking Member, Senator Joe Manchin (D-WV), acknowledged industry concerns about the DoD’s lack of clarity and disparate implementation of cybersecurity regulations, such as guidance relating to DFARS 252.204-7012 (DFARS Cyber Rule or Rule) and National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171.

Senator Rounds stated that he “expects [DoD] to come up with measured policies to make improvements in [cybersecurity]” and he “hope[s] DoD takes seriously the concerns of the DIB.” He further noted that DoD “cannot simply apply increasingly stringent cybersecurity requirements on its contractors” and that “doing so without subsidy or assistance is unlikely to particularly improve cybersecurity [for] the DIB” and would likely drive the most innovative small businesses out of the supply chain. Senator Rounds called for putting a program in place to ensure the best possible protections for contractors regardless of size and referred to the “Achilles heel” of this issue as the desire to use a large number of small contractors while still needing to protect sensitive government information. Later in the hearing, Senator Manchin expressed great concern over the cyber incidents experienced by DoD contractors and urged the witnesses to “tell [the Subcommittee] what you need . . . [the Subcommittee] is here to fix it and you’re here to tell us what’s broken.”

Keep reading this article at: https://www.insidegovernmentcontracts.com/2019/03/senate-armed-services-subcommittee-on-cybersecurity-holds-hearing-to-discuss-the-responsibilities-of-the-defense-industrial-base/

March 26, 2019 By AMK

Reject Section 809 Panel’s acquisition reforms, federal workers urge Congress

Federal workers told Congress last week that defense acquisition reform proposals billed as cutting red tape for the Pentagon to buy trailblazing commercially available items would “result in large unnecessary costs,” and they are urging lawmakers to reject them.

The opposition by the American Federation of Government Employees, which counts 300,000 Pentagon employees in its ranks, to recommendations from the congressionally mandated Section 809 Panel means lawmakers will have multiple arguments to chew on as they decide which of the panel’s many reform proposals to include in the annual defense policy bill. The Section 809 Panel’s two-year effort yielded a 2,000-page report that was finalized in January.

AFGE’s national president, J. David Cox Sr., argued in a six-page letter to the House and Senate Armed Services committees dated March 15 that the panel’s proposed “dynamic marketplace framework” and other recommendations would line the pockets of defense contractors and only appear as well-reasoned reforms and streamlining of regulations.

“Nothing could be further from the truth,” Cox said in the letter. “This would, while increasing contracting profits, predictably decrease funds that otherwise could have been targeted toward compelling needs such as military readiness, support to our uniformed volunteers and their families, and the replacement of aging war-fighting equipment.”

Cox argued the panel hadn’t made the operational case for the proposal and that buying commercial might thwart the military’s interoperability goals and introduce more cyber vulnerabilities. He said the panel had been made up of former industry and procurement officials who were “biased solely to give expanding procurement opportunities to the private sector” and lacked representation from the “total force management communities.”

Keep reading this article at: https://www.defensenews.com/congress/2019/03/19/reject-defense-reforms-federal-workers-urge-congress

After years of pain over the legal battles related to the Joint Enterprise Defense Infrastructure cloud contract, Microsoft is calling on Congress to take a look at the protest process.

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.

On March 26, 2019, the Senate Armed Services’ Subcommittee on Cybersecurity held a hearing to receive testimony assessing how the Department of Defense’s (DoD) cybersecurity policies and regulations have affected the Defense Industrial Base (DIB).

Federal workers told Congress last week that defense acquisition reform proposals billed as cutting red tape for the Pentagon to buy trailblazing commercially available items would “result in large unnecessary costs,” and they are urging lawmakers to reject them.

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