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Update to Contracting Curriculum Addresses Supply Chain Risk Management (SCRM)https://www.dau.mil/training/career-development/contracting/Lists/Blog/DispForm.aspx?ID=191Update to Contracting Curriculum Addresses Supply Chain Risk Management (SCRM)2018-11-15T17:00:00Zhttps://wwwad.dauext.dau.mil/training/career-development/contracting/PublishingImages/eye spy.jpg, https://www.dau.mil/training/career-development/contracting/PublishingImages/eye spy.jpg https://wwwad.dauext.dau.mil/training/career-development/contracting/PublishingImages/eye spy.jpg<div class="ExternalClassF2938647BEBB474592C704CC5A901C7B">A <a href="/training/career-development/contracting/blog/Supply-Chain-Risk-Management" target="_blank">previous blog</a> on SCRM and "software provenance" addressed recent guidance from the USD for Acquisition & Sustainment on ways in which DoD is addressing supply chain threats from our adversaries in order to protect against sabotage, disruption, or degradation of our systems and theft of DoD information. For contracting officers, this requires verifying that contract awards for covered items and covered systems (defined at <a href="http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars239.htm#P196_8128" target="_blank">DFARS 239.7301</a>) will not involve any entity listed in the section 806 List contained in the <a href="https://www.ppirssrng.csd.disa.mil/" target="_blank">SPRS</a>. In addition, contracting officers must include the provision at <a href="http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars252_237.htm#P896_62838" target="_blank">252.239-7017</a> (Notice of Supply Chain Risk) and clause at <a href="http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfars252_237.htm#P924_65567" target="_blank">DFARS 252.239-7018</a> (Supply Chain Risk) in affected solicitations and contracts. To help get the word out, CON 360 (Contracting for Decision Makers), a required Level III course, has been updated with the requirement for checking the SPRS and adding the provision and clause for covered items and systems.</div>string;#/training/career-development/contracting/blog/Update-of-CON-Curriculum-to-Address-Supply-Chain-Risk-Management-(SCRM)
Use of Other Transactions Authority Scrutinizedhttps://www.dau.mil/training/career-development/contracting/Lists/Blog/DispForm.aspx?ID=190Use of Other Transactions Authority Scrutinized2018-09-19T16:00:00Zhttps://wwwad.dauext.dau.mil/training/career-development/contracting/PublishingImages/decision-making-responsibility.jpg, https://www.dau.mil/training/career-development/contracting/PublishingImages/decision-making-responsibility.jpg https://wwwad.dauext.dau.mil/training/career-development/contracting/PublishingImages/decision-making-responsibility.jpg<div class="ExternalClass19DB03271DE4438DA90FB8BF8112FAC5">GAO recently determined that the Defense Department did not properly exercise the authority granted to it when USTRANSCOM used Other Transaction Authority (OTA) to award a $950 million contract for cloud migration services in February. Section 845 of the NDAA for FY 1994 originally granted DoD the authority to enter into OTA agreements for prototype projects. Section 815 of NDAA for FY 2016 subsequently repealed section 845, and codified DoD’s authority to use OTAs for prototype projects at 10 U.S.C. § 2371b. OTAs can be awarded within weeks or months because they operate outside the traditional FAR rules and normal solicitation process. That speed is part of the appeal, along with attracting “non-traditional” providers who would not otherwise be interested in working with DoD. Over the last few years, Congress has loosened the rules that DoD operates under so it can maintain a technological edge.<br> <br> The award to Rean Cloud attracted GAO’s attention due to the high dollar value and because it was awarded without using traditional procurement procedures. GAO recommended that the agency terminate the production OTA and either: (i) use competitive procurement procedures in accordance with statutory and regulatory requirements; (ii) prepare the appropriate justification required by the Competition in Contracting Act of 1984 to award a contract without competition; or (iii) review its Other Transaction Authority to determine whether it is possible to comply with the statutory preconditions for entering into a production OTA.<br> <br> This case stresses the importance of DoD acquisition officials to carefully following the expressed statutory requirements for using OTA in order to minimize potential award protests and GAO reviews. For a detailed discussion of the case and its implications, check out the GAO report <a href="https://www.gao.gov/products/B-416061" target="_blank">HERE</a>.</div>string;#/training/career-development/contracting/blog/Use-of-Other-Transaction-Authority-Scrutinized
Supply Chain Risk Management (SCRM)https://www.dau.mil/training/career-development/contracting/Lists/Blog/DispForm.aspx?ID=189Supply Chain Risk Management (SCRM)2018-08-22T16:00:00Zhttps://wwwad.dauext.dau.mil/training/career-development/contracting/PublishingImages/Risk.png, https://www.dau.mil/training/career-development/contracting/PublishingImages/Risk.png https://wwwad.dauext.dau.mil/training/career-development/contracting/PublishingImages/Risk.png<div class="ExternalClassD31CE45E95B54807AF59677A78C6C186">The Office of the Undersecretary of Defense for Acquisition & Sustainment recently issued guidance entitled “<a href="/training/career-development/contracting/Lists/Blog/Attachments/189/USA001102_Under_Memo.pdf?Web=1" target="_blank">Acquisition Workforce Implementation of Enhanced Section 806 Procedures for Supply Chain Risk Management in Support of Department of Defense Trusted Systems and Networks</a>." DoD is enhancing its procedures to address supply chain threats from our adversaries in order to protect against sabotage, disruption, or degradation of our systems and stealing of DoD information. The procedures provided in the memorandum will ensure that enterprise risk is assessed and mitigated in a timely manner when we procure and integrate information communications technology into the DoD national security systems. These procedures also help to verify software provenance (i.e., the origin of software used by DoD). The guidance can be accessed <a href="/training/career-development/contracting/Lists/Blog/Attachments/189/USA001102_Under_Memo.pdf?Web=1" target="_blank"><strong>HERE</strong></a>.</div>string;#/training/career-development/contracting/blog/Supply-Chain-Risk-Management
Considerations for Successful Evaluation of Past Performance and Experiencehttps://www.dau.mil/training/career-development/contracting/Lists/Blog/DispForm.aspx?ID=188Considerations for Successful Evaluation of Past Performance and Experience2018-07-17T04:00:00Zhttps://wwwad.dauext.dau.mil/training/career-development/contracting/PublishingImages/Past performance 2.jpg, https://www.dau.mil/training/career-development/contracting/PublishingImages/Past performance 2.jpg https://wwwad.dauext.dau.mil/training/career-development/contracting/PublishingImages/Past performance 2.jpg<div class="ExternalClassB4A09DDB9C604B499ED0C4DE7C6F3F56">As evidenced by the number of sustained protests resulting from flawed past performance or experience evaluations, there are some real areas of caution for the acquisition workforce when it comes to using past performance and experience as evaluation factors. Fortunately (or unfortunately) there is a vast array of resources and protest case histories to consider that disclose fundamental precepts worth reviewing. Successfully defending a protest usually comes down to this question: Was the evaluation "reasonable and consistent with the solicitation's stated evaluation criteria and applicable statutes and regulations?" DAU professor Lisa Schneider wrote a very helpful article on lessons learned from GAO protest decisions involving past performance or experience. You can find the article at <a href="/training/career-development/contracting/Lists/Blog/Attachments/188/Considerations_When_Using_PP_and_Experience_Criteria.pdf?Web=1" target="_blank">this link</a>.<br></div>string;#/training/career-development/contracting/blog/Considerations-for-Successful-Evaluation-of-Past-Performance-and-Experience