USDA | The Contracting Education Academy

March 18, 2016 By cs

GAO further clarifies its rule on differing technical re-revaluations

It is not surprising that after four protests of the same task order, three corrective actions by the agency, and four evaluations of technical proposals, the final evaluation ratings may differ from prior evaluations.

Such variations are not necessarily improper as the GAO made clear in a recent protest.

On January 29, 2016, the GAO released a decision denying a protest filed by MILVETS Systems Technology, Inc., B-409051.7; B-409051.9. The procurement history at issue in MILVETS was complicated, beginning with the release of the solicitation by the Department of Agriculture (“USDA”) in July 2013. In sum, two consecutive awards were made to MILVETS and each was protested, causing the USDA to take corrective action twice by reevaluating technical proposals.

After the second award to MILVETS was protested, the USDA assembled a new technical evaluation panel (“TEP”) and source selection authority (“SSA”) that had no knowledge of the first two evaluations. The new TEP reevaluated quotations and the new SSA awarded a task order to DKW Communications, Inc. MILVETS protested the third award, causing the USDA to take yet another round of corrective action by amending the solicitation and seeking revised quotations.

Keep reading this article at: http://govcon.mofo.com/protests-litigation/gao-clarifies-rule-on-differing-technical-reevaluations/

August 24, 2015 By cs

GTRI represented at White House summit on rural education

The Georgia Tech Research Institute (GTRI) representative at a recent roundtable discussion held by the U.S. Department of Agriculture and the White House Rural Council had a chance to share how the Atlanta-located Georgia Tech unit is working to reach out to the state’s rural students.

GTRI attended a recent roundtable discussion held by the U.S. Department of Agriculture and the White House Rural Council, organized by Deputy Secretary of Agriculture Krysta Harden.

Organized by the Deputy Secretary of Agriculture Krysta Harden, the roundtable discussion centered on the Obama Administration’s goals of the U.S. Department of Education’s investing in rural schools and the Rural Jobs Accelerator. Mindy DiSalvo, a senior research associate working with STEM@GTRI’s science, technology, engineering and math educational initiatives, was invited to speak on Georgia Tech’s behalf.

Existing STEM@GTRI initiatives have impacted more than 1,000 students in rural communities, DiSalvo said. Additionally, GTRI has supported a USDA proposal that, when implemented, will equip classrooms in nine rural school systems with technology and software applications that will enable them to connect with GT laboratories.

“When funded, this program will have the potential to reach thousands of students, most of whom are in schools with an average 28 percent graduation rate, and in communities that have been consistently impoverished for at least 20 years,” DiSalvo said.

Through Georgia Tech’s Direct to Discovery (D2D) program, researchers at GTRI are able to connect with kindergarten through 12^th-grade students in their classrooms. This program helps to introduce students to STEM content, college opportunities and careers.

“Our researchers can provide context to the science and technology curriculum and why students should be learning it,” DiSalvo said. “When we are able to share our researchers with classrooms, student invariably say ‘Oh. Now I see why I need to know this.’”

GTRI is no stranger to assisting with educational outreach. GTRI was instrumental in developing the Family Technology Resource Centers in DeKalb County, Georgia, a few decades ago. During his administration, President Bill Clinton gave the FTRC a permanent place in the Smithsonian Institution as an example of an effective community outreach program.

September 10, 2012 By cs

GAO: Federal programs to aid entrepreneurs overlap

Agency efforts to support private entrepreneurs are ineffectual and fragmented, according to Government Accountability Office research on 52 programs in such departments as Agriculture, Commerce and Housing and Urban Development.

In a paper dated Aug. 23, auditors identified overlap among initiatives to offer grants, loans and technical training to businesses and found that too few agencies track the assistance they provide, resulting in a failure of 19 programs to meet performance goals.

The report said Agriculture and the Small Business Administration, for instance, “entered into a formal agreement in 2010 to coordinate their efforts to support businesses in rural areas; however, the agencies’ programs that can support startup businesses — such as USDA’s Rural Business Enterprise Grant program and SBA’s Small Business Development Centers — have yet to determine roles and responsibilities, find ways to leverage each other’s resources, or establish compatible policies and procedures.”

Keep reading this article at: http://www.govexec.com/contracting/2012/08/federal-programs-aid-entrepreneurs-overlap/57677/

February 2, 2012 By cs

USDA backs off controversial labor rule targeting contractors

In a win for federal contractors and contracting officers alike, Agriculture Department officials decided on Jan. 30 to withdraw a new final rule requiring companies to keep their subcontractors and suppliers in line with federal labor laws, a department spokesman told Washington Technology on Jan. 31.

Under USDA’s rule, companies contracting with the department would have to certify that they comply with labor laws and that their subcontractors of any tier and their suppliers also comply. It would have included reporting requirements for violations and the threat of tough action by the department if there were violations.

Officials took a unique approach to rule-making and added it as a direct final rule to the Agriculture Acquisition Regulation on Dec. 1. It was set to take effect Feb. 29. However, they said if the rule garnered any adverse comments, they would withdraw the rule in part or in whole.

The Council of Defense and Space Industry Associations, a group of six industry groups, objected to the rule in a letter to the USDA last week. The council said the rule overlapped more than 180 federal labor laws and regulations to implement the laws. The rule would also add additional work to both the prime contractors, which would have to monitor their subcontractors and suppliers, and the contracting officers who would review reports on compliance. Further, USDA could possibly bump heads with the Labor Department in the case of a labor law violation.

The council’s letter pushed USDA to withdraw the whole rule.

“Yesterday, USDA withdrew the Dec. 1, 2011, direct final rule adding a new clause to the Agriculture Acquisition Regulation,” the USDA spokesman said.

Alan Chvotkin, executive vice president and counsel for the Professional Services Council, a member of the overarching-industry group objecting the rule, said the USDA did well to withdraw its rule after receiving the letter from the council about the rule’s ambiguities and overlap with other standing laws.

“I’m pleased USDA acted promptly in light of well-reasoned comments from the council,” he said.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Federal Computer Week. This article appeared on Jan. 31, 2012 at http://washingtontechnology.com/articles/2012/01/31/usda-withdraws-labor-law-rule.aspx?s=wtdaily_010212.

February 1, 2012 By cs

Industry objects to USDA labor rule, cites extra burden on contractors

Six industry groups are objecting to a new Agriculture Department rule on labor law violations, claiming the rule is redundant and would cause extra work for businesses and contracting officers. The groups made their complaint known in a Jan. 26 letter to department officials.

Under USDA’s rule, companies contracting with the department must certify that they comply with labor laws and that their subcontractors of any tier and their suppliers also comply. It includes reporting requirements for violations and the threat of tough action if there are violations.

The rule was issued Dec. 1 as a direct final rule, amending the Agriculture Acquisition Regulation (AGAR). It takes effect on Feb. 29. In their notice, department officials said they would pull back their final rule, if they received “adverse comments” on it.

In the letter, six business groups, called the Council of Defense and Space Industry Associations, said the government already has 180 federal labor laws, as well as regulations to implement those laws. The government also has numerous offices within the Labor Department, such as the Office of Federal Contract Compliance Programs, to ensure companies abide by the complex web of laws. The council said the USDA officials would have to be careful that they not usurp other agencies’ authorities, which could lead to conflicting rulings on enforcement.

The rule would add a significant burden on companies with large numbers of employees and facilities, and with significant numbers of subcontractors and suppliers. They would have to develop procedures to monitor and report on their own compliance with each of the labor laws. Then, companies would have to set up similar procedures to monitor compliance up and down their supply chain.

Contracting officers also would have a lot of extra work as a result of the law. Acquisition officials would be responsible for reviewing reports of noncompliance and taking action against companies. Meanwhile, officials may not have the expertise and resources to interpret and then enforce the myriad labor laws.

The council noted several ambiguities in the rule, such as which labor laws apply to the rule. Another concern was with the compliance clause. When awarded a contract, the prime contractor deems that all its subcontractors and suppliers are complying with labor laws. However, companies often will not have a contractual relationship with its subcontractors until after award.

“We urge USDA to immediately cancel the direct final rule and also withdraw the proposed rule,” the letter said.

The council is comprised of the Aerospace Industries Association, American Council of Engineering Companies, U.S. Chamber of Commerce, National Defense Industrial Association, Professional Services Council, and TechAmerica.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Federal Computer Week. This article appeared on Jan. 30, 2012 at http://washingtontechnology.com/articles/2012/01/30/usda-labor-law-compliance-complaints.aspx?s=wtdaily_310112.

It is not surprising that after four protests of the same task order, three corrective actions by the agency, and four evaluations of technical proposals, the final evaluation ratings may differ from prior evaluations.

The Georgia Tech Research Institute (GTRI) representative at a recent roundtable discussion held by the U.S. Department of Agriculture and the White House Rural Council had a chance to share how the Atlanta-located Georgia Tech unit is working to reach out to the state’s rural students.

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