The Contracting Education Academy

Contracting Academy Logo
You are here: Home / Archives for task order

By

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/

By

2019 NDAA analysis: Enhancing IDIQs and other provisions

Over the past several months, this blog has analyzed several key provisions of the Fiscal Year 2019 National Defense Authorization Act (NDAA) that impact government contractors. This post briefly summarizes a variety of other government contracts-related provisions of the FY 2019 NDAA that we have not yet discussed, including several that reflect a congressional intent to enhance the use of multiple-award, indefinite-delivery/indefinite-quantity (IDIQ) contracts and encourage commercial item contracting, several that concern subcontracting and supply-chain considerations, and assorted other issues.

Awarding IDIQ Contracts Without Considering Price to Increase Order-Level Competition.

Section 876 provides a limited exception to the general requirement in 41 U.S.C. § 3306 that agencies must include cost or price to the government as an evaluation factor in evaluating proposals. The exception applies to task-order contracts (i.e., IDIQ contracts) for services that are priced on the basis of hourly rates. Specifically, agencies need not consider price as an evaluation factor for such contracts if:

  1. the agency will award a base contract to every “qualifying offeror”—meaning a responsible source whose proposal conforms to solicitation requirements, meets all technical requirements, and is otherwise eligible for award; and
  2. the agency will consider cost or price to the government in competitions for individual task orders.

This provision applies to non-defense agencies. Defense agencies had previously been granted a similar exception in the FY 2017 NDAA. See 10 U.S.C. § 2305(a)(3)(C).

Congress’s goal, as evidenced by the title to section 876, is “Increasing Competition at the Task Order Level.” By awarding base IDIQ contracts to all compliant proposals, without discriminating between them based on price, agencies are likely to have more contract-holders available to compete for specific work at the task-order level. Use of this mechanism should reduce an important barrier to entry to many potential competitors—not holding the necessary IDIQ contract to compete for work solicited under task order solicitations—and, by increasing competition, could result in lower pricing and better technical offerings at the task order level.

 

 

Keep reading article at: http://www.mondaq.com/article.asp?articleid=810088

By

Oracle providing post-deployment system support to the Army

Oracle America Inc., Redwood City, California, has been awarded $18,850,000 for fixed-price-level-of-effort task order.

The order was placed under a previously awarded indefinite-delivery/indefinite-quantity (IDIQ) contract (M67854-17-D-7609) for continued post-deployment system support including, service management, service operations; production and pre-production system sustainment; solution development environment; enterprise training and training devices; product lifecycle support; and service transition for change requests and engineering change proposals.

Work will be performed in Stafford, Virginia (50 percent); and Quantico, Virginia (50 percent), and is expected to be completed by December 20, 2019.

Fiscal year 2019 operations and maintenance funding, from the Marine Corps, in the amount of $18,850,000 will be obligated at the time of award and will expire at the end of the current fiscal year.

The base contract was awarded on the basis of a sole source justification in accordance with Federal Acquisition Regulation subpart 6.302-1 (Only One Responsible Source).  The Marine Corps Systems Command, Quantico, Virginia, is the contracting activity.

Source: https://www.afcea.org/content/oracle-providing-post-deployment-system-support-army

By

How will the FY 2019 NDAA affect government procurement?

Following the Senate’s recent passage of the Fiscal Year (FY) 2019 National Defense Authorization Act (NDAA), we are rapidly approaching the finish line for this critical piece of legislation.

With the filing two weeks ago of the Conference Report, H. Rept. 115-863, which embodies the agreement between the Senate and the House, it appears likely that a compromise bill will go forward to the President shortly.

The NDAA contains a number of provisions that would reform the procurement process, several of which, are the focus here.

Keep reading this article at: https://federalnewsradio.com/commentary/2018/07/an-update-on-the-fy-2019-ndaa/

By

FAR rule implements higher dollar threshold for GAO’s protest jurisdiction over DoD, NASA, Coast Guard task orders

In a new rule announced May 1, the FAR Council implemented prior statutory changes to GAO’s bid protest jurisdiction. 

For task orders issued by the Department of Defense, NASA, or the Coast Guard, the rule provides that GAO will have jurisdiction only over task orders “valued in excess of $25 million.”

For civilian agencies, GAO continues to have jurisdiction over protests of task orders “valued in excess of $10 million.”  The rule also permanently repeals a pre-existing FAR clause that had set a September 30, 2016 expiration date on the ability to protest civilian agency task orders.

The new rule — codified as FAR 16.505(a)(10) — implements Section 835 of the National Defense Authorization Act for Fiscal Year 2017, which directed the FAR Council to establish the new DoD, NASA, and Coast Guard threshold.  (The sunset date for protests of civilian agency task orders had previously been repealed by the GAO Civilian Task and Delivery Order Protest Authority Act of 2016.)  According to the FAR Council, its new rule is designed to “follow[] the statute exactly.”

Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/05/new-far-rule-implements-increased-minimum-dollar-threshold-for-gaos-protest-jurisdiction-over-dod-nasa-and-coast-guard-task-orders/

Contracting Academy Logo
75 Fifth Street, NW, Suite 300
Atlanta, GA 30308
info@ContractingAcademy.gatech.edu
Phone: 404-894-6109
Fax: 404-410-6885

RSS Twitter