Georgia Tech Procurement Assistance Center

NDAA requires Contracting Officers to provide information to unsuccessful offerors for task and delivery orders valued under $5.5 million

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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.

Currently, agencies are not required to provide debriefings to unsuccessful offerors on FAR Part 16 task or delivery orders smaller than $5.5 million, leaving many contractors with no explanation as to why their offers were not successful.  Section 874 of the FY 2020 NDAA requires that Federal Acquisition Regulation (FAR) 16.505(b)(6) be amended to provide that, upon request by an unsuccessful offeror, the Contracting Officer on a contract above the Simplified Acquisition Threshold and less than $5.5 million shall “provide a brief explanation as to why such offeror was unsuccessful that includes a summary of the rationale for the award and an evaluation of the significant weak or deficient factors in the offeror’s offer.”

Continue reading at:  Pillsbury

OMB tells agencies: No new contracts for desktops, laptops

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The Office of Management and Budget (OMB) is prohibiting federal agencies from issuing new awards or solicitations for laptop or desktop computers and directing them to limit those types of purchases to governmentwide contracting vehicles.

OFPPThe new policy was announced Friday (Oct. 16, 2015) by federal Chief Information Officer Tony Scott and Administrator of the Office of Federal Procurement Policy (OFPP) Anne Rung.

For years, agencies have purchased basic IT equipment, such as laptops and desktops, using thousands of contracts and delivery orders “resulting in reduced buying power, duplication of contracts and little transparency into the prices that agencies were paying for similar computers,” Scott and Rung said in a post on the OMB blog. (A recent inspector general review, for instance, reported one agency paid 42 different prices for the same desktop model in 2012.)

Keep reading this article at: http://www.nextgov.com/cio-briefing/2015/10/omb-agencies-no-new-contracts-desktops-laptops/122891

New rule funnels more contracts to small businesses

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Under a proposed new rule, small companies are expected to get more business through multiple-award contractors because that’s where the money has increasingly been going since the mid-1990s.

Regulators have revised the Federal Acquisition Regulation (FAR) to match the fluctuation toward task-order contracts, such as governmentwide acquisition contracts, blanket purchase agreements and agencywide contracts. The Office of Federal Procurement Policy has pushed those types of vehicles to streamline purchasing and get lower prices.

Officials released an interim rule Nov. 2 about the FAR revisions. The rule took effect the same day.

The changes make clear that contracting officers can set aside orders for small businesses both on blanket purchase agreements under the General Services Administration’s Multiple Award Schedules and on multiple-award contracts.

The revisions add a new section in the FAR. It authorizes agencies to set aside one or more contracts for small business on a multiple-award contract, including any of the socioeconomic programs, such as the service-disabled, veteran-owned small business program.

Officials are hopeful for what the changes will bring to small businesses. at the Defense Department, GSA, and NASA expect agencies to take advantage of the set-aside revisions. They want agencies to identify possible multiple-award contracts through which they could set- aside orders for small businesses. They also want agencies to set aside more orders when using GSA’s Schedules, according to the notice.

The changes are based on law and an advisory group.

Congress included language in the Small Business Jobs Act, which became law in 2010, addressing set-asides among task and delivery orders.

Also in 2010, an interagency panel, which was created by President Barack Obama to study small-business contracting, found the issue needed some attention since multiple-award contracts have become so popular.

“There has been no attempt to create a comprehensive policy for orders placed under either general task-and-delivery-order contracts or Schedule contracts that rationalizes and appropriately balances the need for efficiency with the need to maximize opportunities for small businesses,” the Task Force on Small Business Contracting wrote in its report.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Washington Technology. Published Nov. 3, 2011 at http://washingtontechnology.com/articles/2011/11/03/small-business-set-asides-multiple-award-contracts.aspx?s=wtdaily_041111

SBA proposals could make small-biz credit easier to get

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The Small Business Administration is considering changes to its rules that would allow an agency spending its money through a task or delivery order to chalk up the awards to its own subcontracting plans, according to a Oct. 5 Federal Register notice.

Agencies could start to get credit toward their annual small-business  subcontracting goals for their orders placed against multiple-agency  contracts, a perk for agencies as procurement policy officials push  strategic sourcing.

Each agency has to set its own annual goal to make sure that various types of small businesses have an opportunity to participate in its contracts.

Currently though, when purchases come through an inter-agency contract, the agency that holds the contract gets the credit. That applies to the General Services Administration Schedules contracts too.

For example, consider an agency that places an order against a governmentwide acquisition contract. Say a large company gets the award and subcontracts some of the work to a small business subcontractor. The agency that hosts the GWAC gets the credit for hiring a small business, not the agency placing the order.

Prime contracts work differently. If an agency awards an order placed on a GWAC directly to a small business, the purchasing agency gets the points.

Agency officials have told SBA they would like to get the small-business subcontracting credit when they’re spending the money. SBA is also considering giving discretion to the contracting officer from the agency that’s placing the order to establish the subcontracting goals related to the individual orders.

Officials also want real-time insight into subcontracting on interagency contracts. Contractor may have to report their subcontracts with small businesses to the host agency’s contracting officer for each order.

Currently, contractors are reporting to the agency twice a year at the most.

“Reporting on an order-by-order basis will allow the funding agency to receive credit towards its small-business subcontracting goals,” SBA writes in its proposal.

SBA is taking input on the proposal through Dec. 5.

In light of SBA’s changes, Dan Gordon, administrator of the Office of Federal Procurement Policy, has pushed agencies to think beyond their own purchasing and, instead, buy with the government in mind.

Strategic sourcing gives the government leverage over the contractor in setting prices. A greater quantity of potential orders encourages contractors to lower prices.

Office of Management and Budget officials believe agencies want to use more interagency contracts in order to squeeze the most out of their funds and lessen their employees’ workload.

“Particularly in this tight budgetary environment, agencies have told us they are eager for tools that can help them stretch a dollar further and do more with less,” an OMB spokeswoman said Oct. 5.

SBA’s proposed change may make subcontracting goals slightly easier to meet, especially if agencies are turning more toward the interagency contracts, said Ken Dodds, senior attorney at SBA.

He said agencies would find it more difficult to meet subcontracting goals if they didn’t credit.

About the Author: Matthew Weigelt is a senior writer covering acquisition and procurement for Washington Technology.  This article appeared Oct. 12, 2011 at http://washingtontechnology.com/articles/2011/10/12/sba-subcontracting-credit-multiple-agency-contracts.aspx?s=wtdaily_141011.

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