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ACQUISITION UPDATE: 2006

ACQUISITION UPDATE: 2006. Mark J. Lumer Contracting Executive. ACQUISITION UPDATE: 2006. BID PROTEST STATS AND NEW DECISIONS BUY AMERICAN ACT FY06 DOD AUTHORIZATION ACT WHAT’S HOT. BID PROTESTS FOR FYs 01 - 05. BID PROTESTS FOR FYs 01 – 05 (CONT’D). ACQUISITION UPDATE: 2006.

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ACQUISITION UPDATE: 2006

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  1. ACQUISITION UPDATE: 2006 Mark J. Lumer Contracting Executive

  2. ACQUISITION UPDATE: 2006 • BID PROTEST STATS AND NEW DECISIONS • BUY AMERICAN ACT • FY06 DOD AUTHORIZATION ACT • WHAT’S HOT

  3. BID PROTESTS FOR FYs 01 - 05

  4. BID PROTESTS FOR FYs 01 – 05 (CONT’D)

  5. ACQUISITION UPDATE: 2006 • BID PROTESTS – NEW CASES • FAILURE TO ACKNOWLEDGE IFB AMENDMENT THAT HAD $10,000 COST IMPACT. DOES NOT RENDER BID NON-RESPONSIVE. PROTEST SUSTAINED. • FAILURE OF GOVERNMENT TO ADEQUATELY CONSIDER OCI ISSUES IS UNACCEPTABLE. PROTEST SUSTAINED. • FAILURE TO CERTIFY COMPLIANCE WITH TRADE AGREEMENTS ACT IS GROUNDS TO SUSTAIN A PROTEST. AGENCIES HAVE A DUTY TO INQUIRE.

  6. ACQUISITION UPDATE: 2006 • BID PROTESTS - NEW DECISIONS • MORE OCI – COMPANY CHOSEN TO OVERSEE REAL ESTATE CLOSING AGENT WAS OWED SIGNIFICANT $ BY THAT AGENT AND WAS RECEIVING WEEKLY PAYMENTS. PROTEST SUSTAINED WHERE GOVERNMENT FAILED TO REASONABLY CONSIDER OCI ISSUE. • COMPETITION – AGENCIES MUST COMPETE TO THE MAXIMUM PRACTICABLE EXTENT – EVEN ON SIMPLIFIED ACQUISITIONS. PROTEST SUSTAINED.

  7. ACQUISITION UPDATE: 2006 • BID PROTESTS – NEW DECISIONS • IF THE AGENCY FAILS TO NOTIFY SMALL BUSINESSES OF THE APPARENT WINNER OF A SMALL BUSINESS SET-ASIDE, A PROTEST AGAINST THE SIZE STANDARD WILL BE HEARD AFTER AWARD. PROTEST SUSTAINED. • AGENCIES MUST ASSESS THE RELEVANCE OF OFFEROR’S PAST PERFORMANCE CONTRACTS. USING AVERAGE NUMERICAL SCORES OF RESPONDENTS IS INSUFFICIENT. PROTEST SUSTAINED.

  8. ACQUISITION UPDATE: 2006 • NEW COURT DECISIONS • U.S. COURT OF APPEALS FOR FEDERAL CIRCUIT REVERSES U.S. COURT OF FEDERAL CLAIM (COFC) DECISION. ALLOWS CONTRACTOR TO RECOVER 100% OF COSTS IN A TERMINATION FOR CONVENIENCE, EVEN THOUGH THE CONTRACT WAS A COST SHARING AGREEMENT AT 80/20 SPLIT. • COFC DECISION - GOVERNMENT HAS NO OBLIGATION TO AWARD A PHASE III SBIR CONTRACT TO THE INCUMBENT WHO HAD RECEIVED BOTH THE PHASE I AND PHASE II CONTRACTS.

  9. ACQUISITION UPDATE: 2006 • BUY AMERICAN ACT – UNDER FIRE • CURRENTLY 45 COUNTRIES ARE EXEMPT. • OVER 100 ITEMS ARE EXCLUDED BECAUSE THEY ARE NOT AVAILABLE FROM U.S. SOURCES. • SURVEY OF DOD CONTRACTS FOUND OVER 50% ERROR RATE IN 2002. • HOUSE GOV’T REFORM COMMITTEE CHAIRMAN, TOM DAVIS, SAID ON 27 JAN 06, HE OPPOSES THE BUY AMERICAN ACT AND OTHER RESTRICTIONS ON COMPETITION.

  10. ACQUISITION UPDATE: 2006 • FY06 DOD AUTHORIZATION ACT • LIMITS RE-BASELINING OF MDAPS. • PROHIBITS THE USE OF “TIERED OR CASCADING” EVALUATIONS FOR OFFERS FOR CONTRACTS AND TASK ORDERS. EXCEPTION EXISTS RELATED TO SMALL BUSINESS SET-ASIDES. • REQUIRES A SPEND ANALYSIS ON COMMERCIAL SATELLITE COMMUNICATIONS SERVICES. • REQUIRES TRAINING ON THE BERRY AMENDMENT FOR ANYONE INVOLVED IN BUYING TEXTILES. • EXTENDS THE 5% GOAL FOR SDBs AND HBCU/MIs FOR THREE YEARS.

  11. ACQUISITION UPDATE: 2006 • WHAT’S HOT – • NEW ETHICS RULES COMING • OCI WILL BE A MAJOR PROTEST CATEGORY • CREDIT CARDS • GRANTS – WWW.GRANTS.GOV • WOMEN-OWNED BUSINESSES WWW.SBA.GOV/WOMEN

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