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The pandemic and its aftermath created a greater awareness of the fragility of global supplychains, and the federal government’s overreliance on adversaries in the supplychain. Two different supplychainsupply regimes essentially govern supply acquisition: The Buy American Act (BAA) and the Trade Agreements Act (TAA).
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.
The pandemic and its aftermath created a greater awareness of the fragility of global supplychains, and the federal government’s over reliance on adversaries in the supplychain. Two different supplychainsupply regimes essentially govern supply acquisition: The Buy American Act (BAA) and the Trade Agreements Act (TAA).
The past few years have highlighted serious deficiencies in prevalent supplychain strategies and the major risk that disruptions pose to corporate success. years and companies can expect to lose 42% of one year’s EBITDA every decade due to supplychain disruptions. Has past performance exceeded a threshold?
Two weeks ago, FAR & Beyond focused on the “Competing Global SupplyChain Approaches” governing federal acquisition. This blog continues to explore the mixed supplychain messages the federal government is communicating to the industrial base. Foreign products, whether from China or from allies, may not be supplied.
On October 5, 2023, the FAR Council released an Interim Rule on “ Implementation of Federal Acquisition SupplyChain Security Act (FASCSA) Orders.” Government supplychain as directed by the Federal Acquisition Security Council (“FASC). In August 2021, the FASC issued a Final Rule adding a new 41 C.F.R.
I think we recently saw an article that we crossed $100 billion a year market share threshold, which was somewhat unheard of just even a few years ago, but it’s all due to an unknown. So supplychain risk management and elimination becomes a very important discipline. And so I don’t minimize the complexity of it.
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.
They are integral partners that require management to reduce supplier risk, improve supplier performance, and foster supplier collaboration across the entire supplychain and throughout the complete supplier lifecycle. . Improve visibility across all levels of the supplychain. Evaluate and manage supplier performance.
Author: Graham Allen In the second of two parts of “Navigation the Five Steps of the Procurement Journey” we’ll be covering posting, evaluation, award and close out. Step 4 Evaluation Once the procurement closes bids are evaluated. The first evaluation stage is the mandatory requirements which are evaluated either ‘yes’ or ‘no’.
This includes buying office supplies, building roads or hiring services. It is all a part of supplychain management, making sure the right products and services get to the right place at the right time. This allows contracting authorities or public sector organisations to evaluate and choose the best supplier.
In government contracting, if a contract value exceeds a certain dollar threshold and an international trade agreement governing procurement is applicable, the BAA domestic preferences will be waived in favor of permitting acquisition of TAA-compliant products.
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.
PAP 2021-05, Evaluation of FSS Program Pricing, is one such example. This PAP fundamentally alters the MAS negotiation process, establishing evaluation standards, requirements, and procedures not found in the Federal Acquisition Regulation (FAR) or the General Services Acquisition Regulation (GSAR).
This language would require suppliers to adhere to specified actions that are “consistent with the Framework” (although the bills do not specify what these actions will be) and provide “appropriate access to data, models, and parameters…to enable sufficient test and evaluation, verification, and validation.” Register now by clicking here.
Companies should make sure they have the appropriate investment of resources for compliance, which likely will require a cross-section of corporate engagement, including information security, legal, compliance, supplychain and business operation stakeholders. Comments on the proposed rule will be accepted until February 26, 2023.
This language would require suppliers to adhere to specified actions that are “consistent with the Framework” (although the bills do not specify what these actions will be) and provide “appropriate access to data, models, and parameters…to enable sufficient test and evaluation, verification, and validation.”
This provision of the NDAA seems targeted at bridging the communication gap between the agencies by requiring that the parties to a proposed transaction over the HSR threshold provide a copy of their HSR filing directly to DoD. The provision also limits non-availability waivers to 36 months.
The FIT Act would authorize agencies to make advanced payments for cloud computing services, increase the simplified acquisition threshold from $250,000 to $500,000 and the micro-purchase threshold from $10,000 to $25,000, and require Federal procurement officers to take cross-functional training. The CMMC 2.0
Companies should make sure they have the appropriate investment of resources for compliance, which likely will require a cross-section of corporate engagement, including information security, legal, compliance, supplychain and business operation stakeholders. Comments on the proposed rule will be accepted until February 26, 2023.
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. In some cases, companies may need to carefully review supplychains to ensure their goods are compliant with domestic preference rules.
The amendment includes the following eight updates to the solicitations: The provision at FAR 52.204-29, Federal Acquisition SupplyChain Security Act Orders—Representation and Disclosures, is being incorporated into the solicitation. On March 6, 2024, the Federal Circuit vacated the CBCA decision on the threshold jurisdictional issue.
We remain committed to this mission at the upcoming Spring Training Conference, ensuring that attendees leave with comprehensive updates on acquisition policies, programs, and initiatives in subjects like artificial intelligence (AI), cybersecurity, the medical supplychain, and much more. We look forward to seeing you in May!
Offerors with more than one certification did not receive extra points or receive an evaluation preference, they simply had an inherent advantage under the experience and past performance subfactor, which was not prohibited by SBA’s regulation. [2] The proposed changes to the DFARS are primarily to: Add references to the CMMC 2.0
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.
A sole source purchase is justified when unique attributes or circumstances dictate that only one provider is capable of supplying the desired goods or services. For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted.
Feb 2 FAR Interim Rule Implementation of Federal Acquisition SupplyChain Security Act (FASCA) Orders Send member comments to Ian Bell at ibell@thecgp.org by Fri., 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.
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] 22] , [23] In turn, the FAR supplies four options for EPA clauses.
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.”
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. supplychain. supplychain.
The ongoing bi-partisan support for bolstering domestic sourcing is illustrated no better than through this year’s NDAA, which focuses on expanding the domestic supplychain for materials and supplies critical to the U.S.
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.
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.” million or $7 million for orders with a manufacturing NAICS code).
However, the FOMC evaluates the 2% goal against the Personal Consumption Expenditures Price Index (“PCE”) (addressed below). Kurt Hauser made an observation, sometimes called Hauser’s law (but calling it a law is an overstatement because it is not a globally applicable principle like the law of supply and demand). [74] January 2023 +6.4%
The Army is looking to reform processes of the software lifecycle to facilitate the agencys digital transformation, including processes related to requirements, acquisition, contracting, test and evaluation, cybersecurity, cost estimation, data management, sustainment, and talent management.
As CISA has noted , [an SBOM] has emerged as a key building block in software security and software supplychain risk management. SBOMs are defined by CISA as a formal record containing the details and supplychain relationships of various components used in building software.
For additional information on MAPS, please view the links below: Draft Performance Work Statement Scope Gate Criteria Questions Past Performance Evaluation Questionnaire Form Scorecard Industry Day Slides and Participant List MAPS Insights from Baker Tilly The Coalition has established a MAPS Working Group.
Day Two – Healthcare Focus November 16, the healthcare focused day, will begin with keynote remarks from the Department of Veterans Affairs’ (VA) Chief Acquisition Officer Michael Parrish on “Modernizing the VA SupplyChain in 2024 and Beyond.” The new FAR provisions are to be included in all solicitations and contracts.
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