Effective October 1, DoD has issued a final rule restricting the use of LPTA solicitations in certain circumstances. This rule implements statutory changes from the 2017 and 2018 NDAA that will greatly impact the use of LPTA procurements by DoD contracting officers.
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Proposed FAR Update to Allow Small Business Set-Asides for Contracts Outside USA
Traditionally, small business set-asides are not utilized in Federal contracts performed outside the United States. The SBA allows for contracts performed outside the United States to use set-asides or sole-source awards, but the FAR does not reflect this. Recently, the Department of Defense, General Services Administration, and NASA have proposed an update the FAR that would reflect the allowance of small business set-asides and sole-source awards in contracts performed outside of the United States.
Continue reading2020 NDAA to Create New Acquisition Pathways for DOD Software Contracts
The proposed National Defense Authorization Act for fiscal year 2020 introduces new pathways for certain Department of Defense software acquisitions. These proposed software acquisition pathways would be separate from the traditional Department of Defense acquisitions process, and contain sweeping streamlining functions, especially within their supervisory structure.
If passed, this new pathway could have a significant effect on how defense agencies acquire software.
Continue readingGAO finds DOD Middle-Tier Acquisition Pathway Needs More Oversight
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.
Continue readingDraft 2020 NDAA Changes Mandatory DoD Debriefings and Permanently Authorizes DoD Mentor-Protégé Program
On June 11, the House Armed Services Committee published its draft of the 2020 National Defense Authorization Act (NDAA), which was updated June 19. Among other proposed sections impacting small business contractors which will be discussed in future blog posts, the draft reduces the monetary threshold for comprehensive Department of Defense debriefings and renews the DoD’s Mentor-Protégé Program.
Continue readingGAO Declines Jurisdiction Over the “Other Transactional Agreement” Evaluation and Award Process
Evaluation and selection of an offeror for award of an “Other Transactional Agreement,” or “OTA,” are significantly more flexible than a traditional procurement under the FAR. This was at issue recently in GAO case MD Helicopters Inc., B-417379 (Comp. Gen. Apr. 4, 2019), where GAO clarified that it does not have jurisdiction to hear protests regarding OTA award decisions.
Continue reading2018 NDAA: Unsuccessful GAO Protesters May be Liable for Government Costs
The 2018 National Defense Authorization Act put a new twist on potential costs a contractor may incur in filing a GAO bid protest.
While many federal contractors are familiar with the costs arising from a GAO protest, including their attorneys’ fees and consultant and expert witness fees, and some are lucky enough to recoup such costs upon GAO’s sustainment of a protest, under the 2018 NDAA, some large DoD contractors may also be required to reimburse DoD for costs incurred in defending protests denied by GAO.