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Government Contractors

DoD Implements a New Pilot Program to Acquire Commercial Technologies

By: John Ford , Senior Consultant Section 879 of the 2017 National Defense Authorization Act (“NDAA”), P.L. 114-328, authorized the Department of Defense (“DoD”) to use a new procedure known as a commercial solution opening (“CSO”) to acquire commercial technologies to satisfy agency requirements. A CSO pilot program was implemented on June 26, 2018, when DoD issued Class Deviation 2018-O0016. Under the NDAA, DoD “may acquire innovative commercial items, technologies, and services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals.” For these purposes, the NDAA and Class Deviation provide the following definition. Read More.

Cybersecurity Requirements Could be Expanding its Reach Soon

By: Sara Crabtree , Senior Manager and Neal Beggan , Principal For more than a year, Cherry Bekaert has been writing about the changes coming down the Federal pike in regards to cybersecurity requirements impacting government contractors. Defense Acquisition Regulation Supplement (“DFARS”) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, which became effective in October 2016, requires that prime contractors and subcontractors provide “adequate security” on all Covered Contractor Information Systems (“CCIS”). CCIS are unclassified information systems that are owned or operated, by or for a contractor that processes, stores, or transmits Controlled Unclassified Information or Covered Defense Information. DFARS 252.204-7012 states that. Read More.

Timekeeping Requirements: FAR versus the Uniform Guidance

By: Curt Smith , Manager Suppose you have spent your career managing programs funded by cooperative agreements but just recently moved to program management for a defense contractor. Would you wonder about the differences in culture, policies, or regulation between the two environments? Probably, especially given that you just jumped from the world of Federal assistance to acquisition. Suppose after working as a nurse for a contractor providing services to Department of Defense (“DoD”) personnel, you finally got your dream job providing medical care to sick children overseas on a USAID grant. You might have similar concerns. In both cases, one of the areas. Read More.

DoD Issues Class Deviation to Certified Cost or Pricing Data Threshold

By: John Ford , Senior Consultant Section 811 of the FY 2018 National Defense Authorization Act (“NDAA”) (P.L. 115-91) raised the threshold for submission of certified cost or pricing data from $750,000 to $2,000,000. The new threshold applies to contracts awarded after June 30, 2018, by Department of Defense (“DoD”) and civilian agencies. On April 13, 2018, the DoD issued Class Deviation 2018-O0012, implementing the new threshold within the department. To date, we have received no information as to how other agencies will implement the change to this threshold. The deviation states that DoD contracting officers will start using the new threshold. Read More.

Get Ready: The Truth in Negotiations Act Threshold is about to Jump to $2 Million!

As discussed in the blog on January 17, 2018 , Section 811 of the 2018 National Defense Authorization Act will increase the Truth in Negotiations Act (“TINA”) threshold from $750,000 to $2 million effective as of July 1, 2018. This is great news for government contractors as now they are not required to submit and certify cost and pricing data on awards under this amount. If a Contracting Officer requests cost and pricing data to support proposals under the new threshold, the data provided will not be certified. In turn, it reduces the risk of any defective pricing for the contractor. This increase directly impacts. Read More.

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GSA Develops E-Commerce Portal

Section 846 of the 2018 National Defense Authorization Act (“the Act”), “Procurement through Commercial E-Commerce Portals,” establishes an e-commerce portal program, similar to Amazon and other e-commerce platforms, for the acquisition of commercial items by the Federal government. Section 846 defines an e-commerce portal as “a commercial solution providing for the purchase of commercial products aggregated, distributed, sold, or manufactured via an online portal” and requires the General Services Administration (“GSA”) to develop the portal “through multiple contracts with multiple commercial e-commerce portal providers.” Commercial e-commerce sites usually include a provider that can fulfill orders directly and/or provide an opportunity. Read More.

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