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Regulations (FAR and DFARS)Regulations
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Picture: ADAM STROUP
  • ADAM STROUP
03/24/2022 3:09 PM

[Updated link 5/26/2022]​

GSA plans to roll up OASIS, OASIS Small Business, and two other professional services contract vehicles under its GSA Services MAC (“BIC MAC”), with an RFP anticipated in 2022. [BIC=Best in Class; MAC= Multiple Award Contract]

How many folks are using OASIS/OASIS Small Business?


3/24/2022 3:09 PMNo
  
Picture: ADAM STROUP
  • ADAM STROUP
03/14/2022 11:53 AM

The Court of Federal Claims Decision on a post-award bid protest for a sole-source award in response to FEMA's request to the Army Corps of Engineers for debris removal following tornados in 2021 provides insights into writing a good J&A.  

[Open this announcement to follow the link.]

Although there are specific circumstances here, you can pull that J&A rationale from the court's full decision.  You will have to modify it based on your situation, as the details in this case likely won't be present in your situation.  But rational that is clearly thought through including an analysis of why other acquisition methods would not suffice will lead you to a better J&A.

In this post-award bid protest, the plaintiffs, Ceres Environmental Services, Inc. (“Ceres”) and D&J Enterprises, Inc. (“D&J”), challenge the award by the United States Army Corps of Engineers (“Corps”) of a sole-source contract issued without competitive bidding to DRC Emergency Services, LLC (“DRC”) for debris removal in Graves County, Kentucky, following a tornado that struck on December 10, 2021.

3/14/2022 11:53 AMNo
  
Picture: ADAM STROUP
  • ADAM STROUP
02/4/2022 7:02 AM

​[Open announcement to access the link] The Army obligates more money to acquire services than products. On average for the previous three fiscal years, the Army’s procurement of services represents nearly $67B of total contractual execution. Services acquisition is a big deal, requiring disciplined oversight and management to ensure the Army receives expected performance outcomes and deliverables that are cost effective. DoD Instruction 5000.74, Defense Acquisition of Services mandates the Services Requirement Review Board (SRRB) process. SRRBs are designed to institutionalize proper life-cycle and portfolio management of services requirements.  

Check out the Army Tip FY22 #02 for SRRB actions and minimum analysis requirements.

2/4/2022 7:02 AMNo
  
Picture: ADAM STROUP
  • ADAM STROUP
211/4/2019 6:20 PM

July 18, 2022 UPDATE!  Nondisplacement Rule For Contractors Coming Back!  The Biden Administration just issued a proposal to reinstitute the nondisplacement rule, which requires services contracts that succeed contracts for the same or similar services-as well as solicitations for such contracts-to include a clause offering qualified service employees under the predecessor contract a right of first refusal of employment.

Contractors will be familiar with this rule, which existed during the Obama Administration-albeit with a few differences-and was canceled during the Trump Administration. Contractors should keep in mind the following to help ensure compliance:

Unlike rules under the Obama administrate, the new rule applies to contractors performing work at a different location than the predecessor contractor.

The departing contractor is responsible for providing the contracting officer a list of the names of all service employees employed under the contract and subcontracts within the last month of contract performance. The departing contractor must also provide written notice to service employees of their possible right of first refusal for employment under the successor contract.

The incoming contractor cannot fill any openings for positions subject to the Service Contract Act before first making good faith offers of employment to incumbent employees, although the offer need not be for the same position as the employee had previously held. The incoming contractor also retains the right to determine the number of employees necessary for efficient performance and can hire more or fewer employees than the previous contractor.

The incoming contractor is not required to offer a right of first refusal to an employee where, based on reliable evidence of past performance, the contractor or its subcontractors reasonably believe that there would be just cause to discharge that employee.

Stay tuned for that new clause!

************************************

July 21, 2021. ​Is there a Biden Administration action that reverses this?

On Oct. 31, 2019, a President Trump Executive Order revokes EO 13495 of Jan. 30, 2009, which gave Service Contract Act employees’ Right of First Refusal with a successor employer.  This is the Final Rule published in the Federal Register implementing this action.

ADAM STROUP11/19/2021 8:14 AMNo
  
Picture: ADAM STROUP
  • ADAM STROUP
09/9/2021 9:27 AM

​This podcast is about 80 priority DoD recommendations including:  Inadequate metrics, incomplete data, decreased readiness due to deployments


9/9/2021 9:27 AMNo

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31

Work Breakdown Structure: Definitions of common elements applicable to information systems/defense business systems
July 31, 2019
NOTE:  The current edition is MIL-STD 881E Work Breakdown Structure (WBS)​This blog is to promote thinking about your WBS.  You have a great resource, MIL-STD 881D, but... Category: Electronics & Communications Services; Knowledge Based Services (A&AS); Ideas

Jan
24

Fraud, Money Laundering & ID Theft--no doubt there are more!
January 24, 2022
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