Friday, January 05, 2007

Issue sole source J&As before presolicitation notice? GAO says to think about it!

The results of this GAO protest includes an interesting thought. Should a sole-source J&A be approved before the results of a pre-solicitation notice are known? According to the decision,
We think agencies undercut their credibility when they prepare and execute
sole‑source J&As on the basis that there is only one responsible source
available, before the time they have received expressions of interest and
capability from potential offerors.
The writers of the decision admit that it is probably not a violation of procurement law but, doing the J&A first
...may increase the risk that an agency’s market survey, and other bases for its
sole-source decision, will ultimately be shown to be unreasonable.
It makes sense. It would seem less than fair to say there was only one source before using all the tools of market research, including the presolicitation notice.

Thursday, January 04, 2007

More trouble for non-DoD contracts

The DoD IG has recently issued two reports regarding use of non-DoD contracts. Both showed that there is a great potential for Anti-Deficiency Act (ADA) violations. The first report focuses on DoD use of Treasury FedSource contracts. According a GovExec.com article, the IG found 21 potential ADA violations, including

funds being kept after the end of the year for which they were appropriated, and spending from the wrong accounts for particular projects.

The next report is an excellent review of ADA guidance and a good reference on potentially deficient practices. Focused on non-DoD contracts, it is a good resource to review (skip down to the section on potential violations- about page 13- for better explanations on ADA and how to avoid a violation).

This report is examining 38 potential violations by GSA and then an additional 69 by other agencies, including NASA and Treasury (all of these were for FY 2005). The report does not reference the other report's 21 for the Treasury. Its count was 25.

How did they fail? According to the report, the majority of failures of ADA were for violations of the bona fide need rule- severable services are covered here- (24 of the 38 and 60 of the 69 were for bona fide need).

Check this out for its potential as a good resource on ADA.

Wednesday, January 03, 2007

More from the Acquisition Advisory Panel draft report

Two more articles provide more information about the SARA panel's decisions. First, the panel believes that by using commercial business practices, competition will increase. Here how the article puts it

...move away from time-and-materials contracts because they take too much effort to oversee. Instead, the panel favors performance-based acquisitions. But other significant recommendations include setting up a new General Services Administration schedule for professional services, redefining stand-alone commercial services, applying the three-bid minimum requirement for Defense Department services over the simplified acquisition threshold governmentwide, and amending the Federal Acquisition Regulation (FAR) to improve transparency in government contracting.

The second article says the panel believes that the acquisition workforce doesn't know who it is and that they are not being sufficiently trained. In addition, they will conduct a study to see, among other things, whether there should be a government-wide version of DAU.

Of course, since DAU has an organic "systems acquisition" leaning (notice who their Defense AT&L Magazine is aimed at), they are missing helping those of us who spend the other 60% of federal procurement dollars!

From their writer's guidelines at the end of the magazine:
The purpose of Defense AT&L magazine is to instruct members of the DoD acquisition, technology & logistics (AT&L) workforce and defense industry on policies, trends, legislation, senior leadership changes, events, and current thinking affecting program management and defense systems acquisition [my italics], and to disseminate other information pertinent to the professional development and education of the DoD Acquisition Workforce.

Perhaps a services acquisition university might be a good thing. Let's see what they propose.