Good news for major defense contractors.
The Department of Defense issued a class deviation regarding the requirement for Independent Research and Development technical exchanges. (See Class Deviation 2017-O0010 dated September 14, 2017).
By a wide margin, 89-8, the U.S. Senate passed its version of the fiscal year 2018 National Defense Authorization Act (NDAA) yesterday. The House passed its version back in July. Now conferees from the House and Senate will meet to reconcile the differences in the competing versions.
Source: PNWC’s Government Contracting Update: 2018 NDAA Passed by Senate
Earlier this week, the Senate passed its version of the NDAA (National Defense Authorization Act) for fiscal year 2018. The House passed its version earlier this summer. Now the differences will need to be worked out in a joint compromise committee before it is forwarded to the President.
Source: PNWC’s Government Contracting Update: 2018 NDAA – Increase in TINA Threshold
We’ve been discussing the Section 809 Panel and everyone’s hope that it brings significant reforms to the acquisition process. Ultimately, many of the recommended reforms are going to require legislative action to implement so this isn’t something that will happen overnight. Also, we don’t know how many sacred cows that might be sacrificed bringing real reform into the process so we’ll just have to wait and see how it all develops.
Source: PNWC’s Government Contracting Update: Progress Report on Other Procurement Reform Initiatives
For the past couple of days, we’ve been discussing the activities of the Section 809 Panel (refer to Update on Section 809 Panel). Ultimately, the Panel will be “making recommendations, including actionable changes to regulatory and statutory language, to improve the acquisition process within DoD.” For the purposes of the panel, regulations include not only regulations, but executive orders, directives, policies, and procedures as well. The Panel’s goal is to take a comprehensive approach to weeding out regulatory and statutory underbrush that gets in the way of the DoD mission and to recommend entirely new pathways for approaching defense acquisition that promotes innovation, agility, and speed across the whole range of goods and services.
Source: PNWC’s Government Contracting Update: Section 809 Panel and Texting While Driving
The Section 809 Panel, created by section 809 of the 2016 NDAA (National Defense Authorization Act) was tasked with finding ways to streamline and improve the defense acquisition process. The Panel has two years to do it.
Source: PNWC’s Government Contracting Update: Section 809 Panel – Team 9 – Cost Accounting Standards
It is time for an update on the activities of the Section 809 Panel, an advisory panel formed to streamline the Defense Department’s acquisition regulations. The name ‘Section 809 Panel” comes from Section 809 of the Fiscal Year 2016 NDAA (National Defense Authorization Act). For more information on this panel, refer to “New Advisory Panel to be Formed to Streamline Acquisition Regulations“. Briefly, the Section 809 Panel’s overarching objective has been to make recommendations that, if adopted, will enable DoD to more consistently buy what it needs in a timely and cost-effective manner – whether that be commercial items, information technology, services, weapon systems, or the full range of tools and equipment on which war-fighters depend.
Source: PNWC’s Government Contracting Update: Update on Section 809 Panel
The SBA’s Certificate of Competency (COC) program allows a small business to appeal a contracting officer’s determination that it is unable to fulfill the requirements of a specific Government contract on which it is the apparent low bidder. When the small business applies for a COC SBA specialists conduct a detailed review of the firm’s capabilities to perform on the contract. If the business demonstrates the ability to perform, the SBA issues a COC to the contracting officer requiring the award of that specific contract to the small business. The COC program helps ensure that the small business, especially those which are newly entering into the Federal procurement arena, are given a fair opportunity to compete for and receive Government contracts.
Source: PNWC’s Government Contracting Update: The SBA’s Certificate of Competency (COC) Program
Company and company president get debarred from Government contracting for selling defective parts to the Air Force. Then, the president promptly sets up several new companies, obscures his involvement/ownership and keeps on selling defective parts. How often does this happen? Probably more often than we think and certainly more often than we know about.
Source: PNWC’s Government Contracting Update: Debarred But Still Selling Under Shell Companies
The Anti-Deficiency Act is not something that Government contractors need to worry about but contractors, subcontractors, and grantees have most certainly heard of it and perhaps have felt the impact of it. Government shutdowns and the potential for shutdowns have brought the Anti-Deficiency Act to light. The inability to obligate and spend money has affected the awarding of contracts and grants and modifications and extensions.