simplified acquisition threshold | The Contracting Education Academy

March 15, 2021 By cs

2021 NDAA includes numerous provisions impacting government contracts

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill.

The Senate’s move, the final step in the legislative process, followed the House’s earlier vote to override President Trump’s veto in December 2020.

The FY21 NDAA sets funding levels and outlines policy priorities for the U.S. Department of Defense (DoD). It also addresses many areas of importance to government contractors, including acquisition policy and management, supply chain and industrial base matters, and small business issues. The final version of the NDAA produced by negotiators on the Conference Committee included provisions from earlier House and Senate versions, which we summarized in an earlier article.

This article includes our annual summary, by topic, of the most relevant provisions of the FY21 NDAA for government contractors. As detailed below, some of the provisions from the earlier House and Senate versions of the NDAA that we highlighted in our previous article were not accepted into the final version. As we’ve previously summarized, the NDAA also includes numerous provisions addressing cybersecurity and artificial intelligence policies with ramifications far beyond DoD, including implementing recommendations from the Cyberspace Solarium Commission’s 2020 Report.

Keep reading this article at: https://www.jdsupra.com/legalnews/national-defense-authorization-act-for-5444697/

January 5, 2021 By cs

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.

March 24, 2020 By cs

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/

March 3, 2020 By cs

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/

January 23, 2020 By cs

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/

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill.

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.

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.

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.

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.

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