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Academy launches webpage containing Coronavirus information for contracting officers and contractors

The Contracting Education Academy, a Georgia Tech unit dedicated to supporting the professional education needs of the government’s contracting workforce, has launched a special webpage devoted to providing information and guidance dealing with the impact of COVID-19 on federal contracts.
Click on image above to visit the webpage.

The webpage, located here, presents helpful information to both contracting officials and contractors who are navigating the current contracting environment.

Numerous topics are addressed on the webpage.  For Contracting Officers and other members of the federal acquisition workforce, topics include:

  • Teleworking by contractor employees
  • Quarantine restrictions and excusable delays
  • Equitable adjustments
  • Extending performance periods
  • Contract modifications
  • Maintaining a contractor state of readiness
  • Application of the Stafford Act
  • Communication and transparency in contract administration
  • DoD emergency acquisition and preparedness
  • Tracking COVID-19 contract spending
  • The Defense Production Act
  • The Defense Priorities and Allocations System
  • GSA Schedule purchasing
  • Fraud and price gouging

For the contractor community, the following topics are addressed on the webpage:

  • Preventing workplace exposure and risks
  • Identifying critical infrastructure industries
  • The System for Award Management (SAM)
  • Excusable delay contract provisions
  • Changes clauses
  • Obligation to perform
  • The Defense Priorities and Allocations System
  • DoD progress payments
  • Sales through GSA Schedules
  • Advice for small businesses
  • Economic disaster loans
  • The Families First Coronavirus Response Act

Additional information and updates will be added as often as daily to the site.  We suggest you bookmark the site now and check back frequently for the latest news involving the impact of coronavirus on federal contracts.

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Agencies initiate emergency acquisition authorities

The Defense Department raised its threshold for 8(a) sole source contracts to $100 million as required by the 2020 Defense authorization bill. While not related to coronavirus outbreak, the timing is important.

At least four agencies have implemented emergency acquisition authorities to make it easier to award contracts to support coronavirus relief efforts.

The General Services Administration, the Department of Veterans Affairs and the IRS raised the micro-purchase threshold (MPT) and the simplified acquisition threshold (SAT) in the last week.

The Defense Department on March 17 raised the threshold for sole source 8(a) contracts to $100 million as required under the 2020 Defense authorization bill.

This is a huge increase, given typically the threshold for 8(a) contracts at DoD has been $22 million.  Congress increased the threshold for the first time since 2015.

For the rest of the government, the 8(a) sole source threshold is $7 million for manufacturing requirements or $4 million for all other requirements.

Keep reading this article at: https://federalnewsnetwork.com/acquisition-policy/2020/03/agencies-initiate-emergency-acquisition-authorities/

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/

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Overstock.com protest could delay GSA commercial e-marketplace pilots until April or beyond

The General Services Administration (GSA) recently responded to an Overstock.com protest of the agency’s commercial e-marketplace solicitation, which could delay pilots until April — assuming revisions aren’t ordered.

Overstock filed its pre-award bid protest with the Government Accountability Office on Jan. 15 arguing some of the solicitation’s terms are ambiguous and restrict competition. The internet retailer further argued GSA didn’t allow sufficient time for companies to respond, according to a person with knowledge of the situation.

Overstock had until Feb. 24 to respond to GSA’s agency report based on anything it learns. The protest itself is covered by a protective order limiting disclosure to lawyers for the private parties.

Section 846 of the 2018 National Defense Authorization Act directed GSA to work with nontraditional government contractors on allowing agencies to purchase up to $250,000 — the simplified acquisition threshold — in commercial items. GSA’s initial pilot will focus on e-marketplaces like Amazon or Overstock, where competition between sellers occurs at the item level.

Keep reading this article at: https://www.fedscoop.com/overstock-gsa-e-marketplace-protest/

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NDAA requires COs to provide information to unsuccessful offerors for task and delivery orders less than $5.5 million

The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders.

Currently, FAR Part 16 only requires a debriefing be provided for task and delivery orders valued over $5.5 million.

The FY 2020 NDAA requires FAR Part 16 be revised to require that Contracting Officers provide information to unsuccessful offerors on contracts above the Simplified Acquisition Threshold but below $5.5 million.

This new information could prove invaluable for contractors hoping to gain insight and improve their proposals for future opportunities.

The annual National Defense Authorization Act (NDAA) has long been used to impose government-wide procurement reforms. The recently enacted NDAA, signed by President Trump on December 20, 2019, continues this practice, by requiring agencies to provide unsuccessful offerors on smaller dollar task or delivery orders above the Simplified Acquisition Threshold an explanation as to why their proposal was unsuccessful as well as the rationale for the award.

Keep reading this article at: https://www.jdsupra.com/legalnews/ndaa-requires-contracting-officers-to-30028/

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A ban on Chinese tech is on the books — are feds ready?

Federal agencies have less than a week to update their upcoming and in-process contracts to include provisions that prohibit telecommunications equipment or services — or components of equipment or services — that are produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company or Dahua Technology Company.

The interim rule added to the Federal Acquisition Regulation Aug. 7 by the Department of Defense, General Services Administration and NASA notified agencies that they have until Aug. 13 to update their acquisitions to reflect the prohibition of products that are produced by companies with suspected links to the Chinese government.

The rule change is not unexpected, as the 2019 National Defense Authorization Act initially codified the prohibition on such acquisitions, but the new rule formally implements such requirements for federal agencies.

Keep reading this article at: https://www.federaltimes.com/acquisition/2019/08/08/a-ban-on-chinese-tech-is-on-the-books-are-feds-ready

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