Georgia Tech Procurement Assistance Center

DISA only wants tailored pitches from vendors

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The Defense Information Systems Agency — the warfighter’s IT shop — is very interested in hearing what solutions and capabilities industry has to offer, but only in the context of how those technologies can be applied to the military’s specific needs.

“We tend to break capabilities that work in industry. I’ve seen it time and time again over the years,” Dave Bennett, director of DISA’s Operations Center, said last week during the annual Forecast to Industry.  “If you come in and you try to sell me on widget XYZ and you want to cite a scenario where you used it in industry … I will zero my mind out. I will be singing ‘la-la-la’ in the back of my head. Because what you did in industry, nine times out of 10 will not apply in my space.”

Instead, Bennett urged vendors to come armed with specific knowledge of the DISA environment they’re looking to support and a direct pitch on how their solution would benefit the agency and the warfighter.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2018/11/disa-only-wants-tailored-pitches-vendors/152587/

Another big win for vets: SDVOSBs trump AbilityOne at VA, court rules

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The VA cannot buy products or services using the AbilityOne List without first applying the “rule of two” and determining whether qualified SDVOSBs and VOSBs are available to bid.

The May 30, 2017 decision of the U.S. Court of Federal Claims in PDS Consultants, Inc. v. United States, No. 16-1063C (2017) resolves – in favor of veteran-owned businesses – an important question that has been lingering since Kingdomware was decided nearly one year ago.  The Court’s decision in PDS Consultants makes clear that at VA, SDVOSBs and VOSBs trump AbilityOne.

The Court’s decision involved an apparent conflict between two statutes: the Javits-Wagner-O’Day Act, or JWOD, and the Veterans Benefits, Health Care, and Information Technology Act of 2006, or VBA.

As SmallGovCon readers know, the VBA states that (with very limited exceptions), the VA must procure goods and services from SDVOSBs and VOSBs when the Contracting Officer has a reasonable expectation of receiving offers from two or more qualified veteran-owned companies at fair market prices.  Last year, the Supreme Court unanimously confirmed, in Kingdomware, that the statutory rule of two broadly applies.

The JWOD predates the VBA.  It provides that government agencies, including the VA, must purpose certain products and services from designated non-profits that employ blind and otherwise severely disabled people.  The products and services subject to the JWOD’s requirements appear on a list known as the “AbilityOne List.”  An entity called the “AbilityOne Commission” is responsible for placing goods and services on the AbilityOne list.

Keep reading this article at: http://smallgovcon.com/service-disabled-veteran-owned-small-businesses/another-big-win-for-vets-sdvosbs-trump-abilityone-at-va-court-rules/

The complications of cost and pricing

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One of the most controversial areas in government contracting surrounds cost and pricing: the means by which a contracting officer makes a “fair and reasonable” price determination. This can be expensive to bidders, especially if they are required to provide “certified cost and pricing data” and respond to Defense Contract Audit Agency or contracting officer questions. Recent inspector general reports have highlighted the problem.

Commercial companies don’t have similar requirements and aren’t structured for it. They maintain that creating such cost-accounting compliance would incur extra overhead costs, drive up prices, and hurt them competitively. Contractor concerns involve onerous government requirements, inapplicability, and potentially abandoning the government market.

Perhaps the biggest difference between government and commercial buying practices is symbolized in the Truth in Negotiations Act (TINA). Its main intent is to ensure accuracy of a contractor’s costs before negotiating with the government and includes providing government access to all cost or pricing data the contractor used to develop its offer. If the cost rises and the bidder is found to have withheld any data, the government can get back the added costs.

Keep reading this article at: http://www.federaltimes.com/article/20140826/BLG06/308260017/The-complications-cost-pricing

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