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Congress would really like the FAR to focus on additional examples Definitions. the FAR must update definitions related to specific types of organizational conflicts of interest, including unequal access to information, impaired objectivity, and biased ground rules. Definitions. The entire law, however, was less than two pages.
Organizational procurement policies often establish thresholds for the application of RFQs, RFPs, REOIs, and IFBs, defining their use within specific procurement methods or strategies. Most organizational procurement policies define thresholds that dictate when a particular method should be used.
By: Richard Arnholt On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias. B-418123.4, 9, 2020, 2020 CPD ¶ 397 at 5.)
Technical Evaluation Another popular strategy is to incorporate “green procurement” considerations into the technical evaluation for award in a procurement – for example, to give a “greener” product (one that caused less greenhouse gas emissions) more “points” in the evaluation.
The “orders under single-agency contracts” Policy (FAR 42.1502(d)) This policy owns definitive clout and the interpretation of this policy warrants some appreciative clarity and confirmation. The policy reads: “Orders under single-agency contracts. Is there a contradiction or what is the correct interpretation?
Margaret Boatner, deputy assistant secretary of the Army for strategy and acquisition reform “We are targeting a couple of really key processes like our test and evaluation processes, and importantly, our cybersecurity processes. Historically, that was not a parallel process, but definitely a series process.
This includes a fairly broad and future-oriented definition of AI, provisions on safeguarding confidentiality and furthermore, ensuring the integrity of the arbitral proceeding. It therefore encompasses the publicly known generative AI as well as evaluative or discriminative AI.
After receiving quotations, the contracting officer added salient characteristics to the technical evaluation form to be considered during evaluations that were not stated in the solicitation. For the awardee’s first prior experience example, the TET report did not analyze or evaluate the size of the project.
Achieving this balance is not trivial, and a crucial question arises: How can the definition and quality of these escape clauses impact a country’s ability to navigate economic shocks while maintaining fiscal discipline? Higher scores are assigned to clauses closely mirroring the ideal scenario within each dimension.
Both prohibitions will apply to all procurements, including commercially available off-the-shelf (COTS) items, and purchases below the micro-purchase threshold: Section 5949(a)(1)(A) ( Part A ) prohibits agencies from acquiring electronic products or services that include covered semiconductor products or services.
OMB originally hinted in its Memorandum M-22-11 that for-profit entities were exempt from the BABA requirements due to their general exclusion from the definition of a “non-Federal entity” under the Uniform Guidance. The Guidance (generally) adopts the BAA’s definition of items made predominantly of iron or steel or a combination of both.
The SFSC noted that in its set-aside action, Venezuela presented its own version of the facts and substituted its evaluation of the evidence for that of the tribunal. This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para.
Similar issues arise with the possibility to creatively structure remuneration under some of these contracts to keep them below regulatory thresholds (eg by ‘remunerating in data’). Such requirements could be seen as unjustified and/or disproportionate, leading to an infringement of EU procurement law.
Definition of Compensation The FAR defines compensation for personal services to mean “all remuneration paid currently or accrued, in whatever form and whether paid immediately or deferred, for services rendered by employees to the contractor.” [1] 1] This definition is quite broad.
Currently, SBA’s regulations on joint ventures provide that a procuring activity may not require a protégé firm to individually meet the same evaluation or responsibility criteria as that required of other offerors generally. Revising Definition of an “Employee” – Increasing the Minimum Hours Requirement. United States , 165 Fed.
Similarly to the other definitions, the IIJA requires that “all manufacturing processes for the construction material occurred in the United States.” In the face of strong opposition from some powerful lobbying groups like the United Steelworkers Union, DOT maintained fairly robust thresholds in line with the proposed waiver.
Those key personnel actually have a huge effect on your on the government’s evaluation of the contractors proposal and on the ability to actually win the job and be able to perform the work. The government takes a long time to solicit, evaluate and award contracts. David Berteau Absolutely. And we’ve seen a number of cases.
CISA discusses its process for determining key definitions in the rule (including approaches it considered and ultimately discarded); provides an overview of current cyber incident reporting requirements in the U.S. (as Entities that meet certain threshold criteria – regardless of size – are covered by the rule.
program requirements proposed at 32 CFR part 170; Add definitions for controlled unclassified information (CUI) and DoD unique identifier (DoD UID) to the subpart; Establish a solicitation provision and prescription; and Revise the existing clause language and prescription. . § 1] The Government Accountability Office denied the protest.
18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.
However, Agency Counsel is merely an advisor, does not write the CO’s performance evaluation, and, in any event, is a “no” factory, killjoy, four-eyed geek (at least that’s the stereotype). Likely, the only person who may be saying slow down, expend more time, ensure that the conclusion adds up, is Agency Counsel. Break out the champagne.
For bulk sensitive personal data, there is a yet-to-be-determined volume threshold that must be involved in the transaction for it to be covered. Suggested thresholds in the ANPRM range from data sets on 100 U.S. Government-related data, there is no threshold requirement and the data categories will be covered regardless of volume.
Covered follow-on contracts include most contracts governed by the Service Contract Act (SCA) that exceed the Simplified Acquisition Threshold, currently set at $250,000. A compliance strategy may evaluate what technical gaps and legal risks exist and how they will be addressed.
Even shipbuilding contracts related to research, development, testing, and evaluation activities would be required to meet these thresholds. That percentage would increase on a graduated scale until January 1, 2033, at which time 100% of the cost of such components must be attributable to U.S. and Canadian business concerns.
Like the FAR rule, the new DFARS rule: Modifies the definition of domestic end product, qualifying country end product, and domestic construction material by increasing the domestic content threshold to 65 percent for calendar years 2024 through 2028, and to 75 percent beginning in calendar year 2029. GAO denied the protests. [1]
FAR & Beyond: Thoughts on “What is Fair and Reasonable? Federal Acquisition Policy and Procedure (PAP) 2021-05, Evaluation of FSS Program Pricing , sets forth “comprehensive guidance regarding the evaluation of pricing throughout the life of a Federal Supply Schedule (FSS) program contract.” Emphasis added.) See Section 2.
GAO Says: SBAs Rules for Mentor-Protg Joint Venture Experience Evaluations May Limit Solicitation Terms. This decision provided further guidance on the interplay of solicitation terms for experience evaluations and SBAs rules for evaluating mentor-protg joint ventures experience. Back to Basics: Similarly Situated Entities.
The protests relate to GSAs evaluation of the proposals, including thepast experience scoring.GSA made 102 Polaris awards in the general small business pool based on highest technical ratings and fair and reasonable pricing. Lastly the rule would require acquisition planners to consider on-ramps for a long-term multiple award contract.
Definition and Eligibility 8(a) set-aside contracts are federal contracts specifically designated for businesses that are part of the SBAs 8(a) program. The SBA Associate Administrator for Business Development approves requests for competitive 8(a) awards below certain thresholds, ensuring that all parties comply with program requirements.
As GSA’s Transactional Data Reporting (TDR) and price evaluation tools expand across the Multiple Award Schedule (MAS) program, tracking key terms and conditions and their impact on price will be vital to what is “fair and reasonable.” The proposed rule also adds new FAR definitions and expands others.
However, the FOMC evaluates the 2% goal against the Personal Consumption Expenditures Price Index (“PCE”) (addressed below). First , PPI “does not include imports, because imports are by definition not produced by domestic firms.” [10] percent before seasonal adjustment.” [2] 4] Below shows how the 6.0% January 2023 +6.4% July 2022 +8.5%
To receive a BIC designation, GWACs must meet rigorous requirements regarding definitions and planning processes among using data-driven strategies to dictate buying and consumption behavior, implementing category and performance management strategies, and receiving independently validated reviews.
But all of the materials show that that will be an evaluation criteria. We don’t have an opportunity to say, is my criteria going to meet that 4% threshold so that I’ll get the maximum possible points on this award? They’re not identical, but cyber reporting is definitely coming. And so it’s untested.
This gives definitions, those three terms in a way that the GAO cases didn’t really. They were involved somewhere in establishing a program that they’re now going to be evaluating. Only products at the simplified acquisition threshold. This is products. Tom Temin: Yeah, that’s no good. Zach Prince: Yeah.
It includes numerous updated definitions, requirements, and representations relating to contractor cybersecurity. Items to note: “ Information and communications technology ” – This updated definition includes additional examples of ICT including telecommunications services, electronic media, IoT devices, and operational technology.
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