DFAR keeps up with T&M and Labor Hour changes

This Defense Federal Acquisition Regulation Supplement (DFARS) case is an update to payment options brought on by the the new FAR change (see below) to allow Time and Material (T&M) and Labor Hour contracts for commercial services.

There were three payment options specified in the FAR rule. The Defense Department narrows them to one. Here is how the DFAR case explained it:

DoD believes it is in the best interests of the Department to select, and make mandatory... requiring separate fixed hourly rates that include profit for each category of labor performed by the contractor and each subcontractor, and for each category of labor transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

That is the way DoD hopes to keep the final outcome of T&M and Labor Hour contracts to be as predictable and controllable (manageable???) as possible.

The DoD head of procurement has a good overview of this change on their DFARS site. There is even a chart comparing before and after use of T&M and labor hour contracts. Just scroll down the page a little to the heading, "Labor Reimbursement on DoD Non-Commercial Time-and-Materials and Labor-Hour Contracts (DFARS Case 2006-D030)."

Rules expand Time and Materials (T&M) plus Labor Hour contracts to commercial services

[This post includes an addition of information regarding T&M and Labor Hour contract D&Fs for contracts over 3 years]
Perhaps you noticed that the FAR got a revision (FAC 2005-15 dated Dec. 12, 2006) to allow T&M and Labor Hour contracts for commercial services. In their deliberations, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council worked to implement the Services Acquisition Report Act of 2003 (SARA). One of the provisions of SARA was to allow using T&M and Labor Hour contracts to purchase services that are commercial in nature.

This new change to the FAR keeps a decided preference for fixed price contacts for services.

Briefly, here is how to use these contract types to buy services (new FAR Part 12.207):

First, the contracting officer needs a determination and finding (D&F) that states a T&M or Labor Hour contract is the only type of contract appropriate for this requirement. Also, for IDIQ contracts, a similar D&F is needed for each task order. [The D&F has some specific requirements that need to be included, so be certain to check them out (FAR 12.207(b)(2)). Also, the D&F authority is HCA for contracts longer than 3 years (FAR 16.601(d)(1)(ii))]

Next, there must be a ceiling price beyond which another determination must be made.

Further:

• The contract must be a competitive award (or small business set aside)
• If using an "other than full and open competition" Justification and Approval (J&A), must have 2 or more offers/proposals or are placing an order under the fair opportunity procedures of a multiple award delivery order contract.

Keep this type of contract arrangement in mind and remember to properly justify its use and make the proper determinations.

Consolidated site to find rules, regs and regs awaiting public comment

There is a new "one face to government regulation" website. It is now the only place where Federal Acquisition Circulars will be posted. In addition, all the Federal Register notices will be at this one spot too.

One point (you probably will not have a problem with it)...When searching for a rule or FAC, click the "All Documents" radio button. Otherwise, the only results that you will see are those items that are still awaiting public comments. If you are looking for something that is already a rule, it will not show in your results list.

Go to it and bookmark it.

Remember to type the "http" before procurementanalyst.blogspot.com

Government spending website coming soon

The Federal Funding Accountability and Transparency Act of 2006 calls for a single searchable website to allow access to information regarding all federal awards. It defines federal awards as:

grants, subgrants, loans, awards,cooperative agreements, and other forms of financial assistance; [and includes] contracts, subcontracts,
purchase orders, task orders, and delivery orders [but] does not include individual transactions below $25,000; and...before October 1, 2008, does not include credit card transactions.

The linked article is a good overview of the proposed system, describing it as a "Google-like search engine and database."

There are two interesting aspects to this. First is trying to get all the data that this calls for and to keep it updated (there is a requriement all information is updated within 30 days of award). The Federal Procurement Data System-New Generation is supposed to have that, at least for federal contract information, but doesn't. Good luck integrating that data.

The other interesting part to me is the emphasis on subcontracts. Since the focus lately on the sub-sub-sub-contracts of the Army's LOGCAP contracts, this could be quite an expansive system. Of course, the bill calls for contractors to charge for this reporting effort.

This upside, though, is that if it increases the visibility of how important federal procurement is to the U.S. economy, it may be a good thing.