Tag Archives: 2016 NDAA

GAO finds DOD Middle-Tier Acquisition Pathway Needs More Oversight

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Congress has long had concerns that Department of Defense procurements did not act fast enough to get innovations in the hands of our nation’s warfighters. Section 804 of the 2016 National Defense Authorization Act addressed this concern by requesting the creation of procurement pathways for rapid prototyping and rapid fielding.

To achieve this aim, a “middle-tier” DOD procurement pathway was created. The roll-out of this middle-tier pathway has been complicated and GAO recently decided to look at why.

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FAR & DFARS Have 27 Distinct Definitions of “Subcontract”

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The FAR and DFARS have 27 distinct definitions of the term “subcontract,” according to an acquisition reform panel.

In its first report, the Section 809 Panel urges policymakers to adopt a consolidated definition of the term “subcontract,” as well as a common definition of “subcontractor,” a term that has 21 distinct definitions in the FAR and DFARS.

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GAO’s Jurisdiction Over Most Civilian Task Order Protests Has Expired

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The GAO’s jurisdiction to hear most protests in connection with task and delivery order awards under civilian multiple award IDIQs has expired.

In a recent bid protest decision, the GAO confirmed that it no longer has jurisdiction to hear protests in connection with civilian task and delivery order awards valued over $10 million because the underlying statutory authority expired on September 30, 2016.

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SmallGovCon Week In Review: October 19-23, 2015

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My poor, long-suffering Chicago Cubs will spend another winter without a World Series trophy.  Maybe next year the Cubbies will finally break the Curse of the Billy Goat.  In the meantime, there is plenty happening in the world of government contracting to keep my mind off of baseball.

In this week’s SmallGovCon Week In Review, a prison sentence is handed down in a SDVOSB fraud case while guilty pleas are entered in a separate case alleging DBE fraud, President Obama vetoes the 2016 NDAA, Carroll Bernard of GOVOLOGY provides an overview of the non-manufacturer rule, and much more.

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Simplified Acquisition Threshold Increase: My Interview With Francis Rose

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The House of Representatives has proposed an enormous increase in the simplified acquisition threshold, from $150,000 to $500,000.  In an interview aired on June 4, Francis Rose and I discussed the proposed increase, as well as a recent GAO decision regarding an agency’s obligation (or lack thereof) when it comes to informing an offeror that its price is too high.

Click here to listen to my interview with Francis, and be sure to tune in to In Depth With Francis Rose weekdays from 4:00 p.m. to 7:00 p.m. Eastern on Federal News Radio.

Simplified Acquisition Threshold To $500,000? House Proposes Huge Increase

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The simplified acquisition threshold would increase to $500,000 under the version of the 2016 National Defense Authorization Act currently before the U.S. House of Representatives.

If the House proposal ultimately becomes law, the simplified acquisition threshold would more than triple from its current $150,00 level.  Such a dramatic increase in the simplified acquisition threshold could affect nearly all federal contractors–especially small businesses.

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Non-Manufacturer Rule Confusion: House Proposes Fix

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Many small contractors (and the SBA) were surprised when the Court of Federal Claims held last year that the non-manufacturer rule applies any time the government buys manufactured products–regardless of the NAICS code assigned to the procurement.

Now the U.S. House of Representatives is proposing to fix the confusion caused by the Court’s decision.  The House version of the 2016 National Defense Authorization Act would amend the Small Business Act to specify that the non-manufacturer rule applies only to contracts for supplies.

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