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

FAR definition of “recruitment fees”: No means no

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On December 20, 2018, the Federal Acquisition Regulation (FAR) was amended to clarify the FAR’s prohibition on assessing employees with recruitment fees in connection with federal contracts.  The rule provides a final definition of “recruitment fees” and clarifies the FAR’s broad prohibition on federal contractors or subcontractors assessing employees or potential employees with any such fees.

The final rule brings long-awaited clarity to the scope of the prohibition on recruitment fees, as the term has not previously been defined in anti-trafficking regulations.  Upon publication of a proposed rule change in January 2015, the FAR Council invited the public to comment on a draft definition of the term “recruitment fees” in a notice-and-comment process.  The final rule, which took effect on January 22, 2019, incorporates a definition that has been revised pursuant to comments received during that rulemaking process. Government contractors will need to take these new rules into account in their compliance efforts in connection with their supply chains.

Background

On January 29, 2015, DoD, GSA, and NASA issued a final rule amending the FAR to strengthen and enhance the human trafficking-related prohibitions applicable to all federal contracts. The final rule implemented Executive Order (E.O.) 13627, “Strengthening Protections Against Trafficking in Persons in Federal Contracts,” and Title XVII of the National Defense Authorization Act for Fiscal Year 2013, entitled “Ending Trafficking in Government Contracting.”  The amended FAR, which applied to all future contracts and orders under existing indefinite-delivery/indefinite quantity contracts, imposed significant responsibilities on federal contractors and subcontractors to prevent human trafficking and forced labor.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=768098

5 steps to compliance with the fair pay and safe workplaces rules

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The much-anticipated so-called federal contractor “blacklisting” rules and guidance (“Final Rule” and “Guidance”) were published in the federal register on August 25, 2016. The Final Rule becomes effective on October 25, 2016 and imposes four new legal obligations on covered federal contractors, which will be phased in over the next year (starting as early as October 25, 2016).

It is important to also note that this is being phased in via Federal Acquisition Regulation (“FAR”) solicitation and contract provisions. This means that the Final Rule “becomes effective” by beginning to appear in new solicitations issued on or after October 25, 2016. This should not dampen a company’s concern and speed of progressing through the steps below and determining and pursuing compliance, but it is critical to understand and follow the specific path of obligation.

  • First, federal contractors will have to disclose “labor law decisions” both before and after contract award. The federal government will use these disclosures in making their “responsibility” determinations – the determination of whether the contractor is a responsible source to whom a contract may be awarded.
  • Second, contractors must give a wage statement to employees containing for each workweek the number of hours worked, the number of overtime hours, rate of pay, and additions to and from gross pay, and total gross pay.
  • Third, contractors must provide written notice to independent contractors informing them that they are independent contractors and not employees.
  • Fourth, contractors can no longer enter into agreements with employees or independent contractors that require arbitration of claims under Title VII of the Civil Rights Act (includes discrimination and retaliation claims based on race, color, religion, sex and national origin) or sexual harassment claims.

Federal contractors will need to become quick studies of the Final Rule and Guidance in order to begin developing procedures to ensure compliance as these requirements phase in over the next year.

Keep reading this article at: http://www.directemployers.org/2016/09/20/five-steps-compliance-fair-pay-safe-workplaces-final-rule/

Why you need a great government contracts attorney

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When you’re a small government contractor, some business activities you can bootstrap and some you can’t. One area where you can’t afford to skimp on is legal counsel. At its core, contracting with the federal government is a complex legal exercise with its own vernacular, laws, and regulations. Large federal contractors have Law Departments dedicated to negotiating, drafting, executing contracts and managing legal risk. While small government contractors don’t require dedicated Law Departments, they do require a great attorney with expertise in government contracts.

GovBizConnect recently had the opportunity to connect with Steven Koprince, Managing Partner of Koprince Law, LLC, a law firm specializing in small government contractors, and publisher of the very popular government contracting blog, SmallGovCon. Steven is a major thought leader in the government contracting community. This is Part I of our discussion with him.

Keep reading this article at: http://blog.govbizconnect.com/gbcblog/why-you-need-a-great-government-contracts-attorney-a-discussion-with-steven-koprince-part-i/

FAR Council adds new layer to small business subcontracting rules

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On January 20, 2016, the FAR Council published a proposed rule calling for changes to the Federal Acquisition Regulation (FAR) Parts 19 and 52 that address payments to small business subcontractors.

The FARThe proposed changes, which are intended to implement regulations adopted by the Small Business Administration (SBA) in 2013, will expand the range of small business-related obligations imposed on prime contractors.

The proposed rule stems from the Small Business Jobs Act of 2010, which, as noted in a previous post, called for regulations governing prime contractors’ compliance with their small business subcontracting plans. Among the Act’s requirements was that prime contractors notify their contracting officer if they pay a “reduced price” or make an “untimely payment” to a small business subcontractor.  Although the SBA adopted regulations implementing this statutory directive in July 2013, the Far Council is taking on the task for the first time.

Keep reading this article at: http://www.natlawreview.com/article/far-council-adds-new-layer-to-small-business-subcontracting-rules

Comments on the proposed rule must be submitted by March 21, 2016.  Comments should reference “FAR Case 2014-004” and may be submitted by mail, email, or online. 

Proposed rule clarifies contractor requirements for counterfeit electronic part detection and avoidance

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On September 21, 2015, the Department of Defense (DOD) published a proposed rule in the Federal Register that would amend the Department of Defense FAR Supplement (DFARS) to DFARSfurther implement Section 818 of the National Defense Authorization Act for Fiscal Year 2012 regarding counterfeit electronic parts (Proposed Rule).   (See Detection and Avoidance of Counterfeit Electronic Parts–Further Implementation, 80 Fed. Reg. 56,939.)

The Proposed Rule adds clarity on key issues under the current counterfeit electronic parts rule, DFARS 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, which was implemented in May 2014.

Comments on the Proposed Rule are due on or before November 20, 2015.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=428872

 

New rule allows sole source awards to women-owned small businesses

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The Small Business Administration (SBA) published a rule today (Sept. 14, 2015) allowing sole source awards to Women-Owned Small Businesses (WOSBs) or Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) in appropriate circumstances.

SBA logo smallThe new rule changes existing SBA regulations in order to conform to section 825 of the FY15 National Defense Authorization Act (NDAA).

The rule is effective October 14, 2015.  The Federal Acquisition Regulations (FAR) will need to be amended to include the sole source authority so that there is no conflict between the SBA’s rules and the FAR.

The sole source authority can only be used where a contracting officer (CO) conducts market research in an industry where a WOSB or EDWOSB set-aside is authorized, and the CO cannot identify two or more WOSBs or EDWOSBs that can perform at a fair and reasonable price, but identifies one WOSB or EDWOSB that can perform. In addition, the sole source authority for WOSBs and EDWOSBs is limited to contracts valued at $6.5 million or less for manufacturing contracts and $4 million or less for all other contracts.

The rule is published in the Federal Register at: https://www.federalregister.gov/articles/2015/09/14/2015-22927/women-owned-small-business-federal-contract-program#h-16

Learn how to use the FAR beginning June 3rd

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Learning the Federal Acquisition Regulation — the FAR — is a daunting, but necessary, undertaking for both contracting personnel and contractors alike.

The 2,000-page FAR is the rule book federal agencies use to plan, award, and administer virtually all government contracts.  Contracting officers must master the FAR in order to construct contracts correctly.  Likewise, contractors must learn the FAR in order to compete more effectively and execute contract work in accordance with the rules.

On June 3, 2014, Georgia Tech’s Contracting Education Academy is kicking-off an intensive four-day course that helps participants learn how to identify the basic principles of government contracting, access online resources, and locate, cite, and interpret information in the FAR and agency supplements to the FAR such as the Defense Federal Acquisition Regulation Supplement (DFARS).

For more information or to register, click here.

CON 090-1: Contracting Overview of the FAR is actually the first of four modules in the CON 090 – Federal Acquisition Regulation (FAR) Fundamentals series.  Each module involves limited lecture, and features an exercise-based curriculum that takes a look at the federal acquisition environment from a macro-level.

The Contracting Education Academy at Georgia Tech (The Academy) is an approved equivalency training provider to the Defense Acquisition University (DAU) and provides continuing education training to Acquisition and Government Contracting professionals as well as to business professionals working for government contractors or pursuing opportunities in federal contracting.

Customs and Border Protection agency offers more information to losing bidders

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Customs and Border Protection’s IT technology acquisition operation is developing ways to help explain to unsuccessful contract bidders why they lost out to competitors, according to the agency’s top IT acquisition official.

In remarks at a presentation on acquisition and programming at FOSE in Washington, D.C., Guy Torres, CBP director of IT contracting, said he and his legal team had developed an “explanation plus” document to provide more information to vendors bidding under Federal Acquisition Regulation. The FAR can restrict providing explicit information on some bids to vendors. Torres said he wanted to provide some information to help vendors understand why they may have lost, instead of providing only a short statement that they didn’t get a contract.

Keep reading this article at: http://fcw.com/articles/2014/05/13/cbp-informs-losing-vendors.aspx

Course covering the Federal Acquisition Regulation is offered in convenient weekly modules

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Georgia Tech’s comprehensive course on the Federal Acquisition Regulation (FAR) is conveniently broken-up into four, one-week modules — perfect for busy government officials and business people who want to learn everything there is to know about federal contracting but who can’t afford to be away from work for four consecutive weeks.

The course — CON 090 – FAR Fundamentals — covers every aspect of the government contracting process.  Class participants analyze real contracting business scenarios developed through research of all 53 parts of the FAR and its supplements.  The course covers the entire acquisition process, from defining procurement needs to contract close-out, and everything in-between.

  • For government contracting officers, this course is required to maintain a contracting warrant.   A warrant is a written document providing a contracting officer with the limits of his or her authority.   Per FAR 1.601-2, Contracting Officers have the authority to “enter into, administer, or terminate contracts and make related determinations and findings” to the extent of the authority delegated to them by their warrant.   Georgia Tech’s Contracting Education Academy offers a set of courses — each equivalent to Defense Acquisition University (DAU) course standards — that help contracting officials maintain their warrants and enhance their professional development.
  • For businesspeople who compete for and fulfill government contracts, Academy classes are equally pertinent.  Contractor personnel who attend Academy courses gain real-world knowledge about how government officials are trained to formulate and administer contracts.   Insights in these areas provide invaluable guidance pertinent to reaching greater success in competing for, winning, and fulfilling government contract work.

Each of the four modules are offered multiple times each year to allow students to attend one or more modules with maximum schedule flexibility.  Georgia Tech offers each of its acquisition courses, including the CON 090 course, in world-class facilities on campus in midtown Atlanta.  For groups of 10 or more, Georgia Tech also brings any of its government contracting courses to the workplace.  For details on all classes, including the FAR Fundamentals course, please visit http://www.pe.gatech.edu/courses/con-090-federal-acquisition-regulation-far-fundamentals.   To make arrangements for any of the courses to be taught at your place of work, please call or email us at 404-894-6109 or info@ContractingAcademy.gatech.edu.

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