A “Qualifying Country” is a country from a list of twelve or fifteen countries with whose ministry of defense the DoD has a bilateral agreement for defense contracting only. This list is DoD-specific and does not apply to other agencies. End products from qualifying countries are not subject to the Buy American Act (“BAA”) because of the bilateral agreements. DFARS 225.0. The Berry Amendment at first related only to preference for U.S.-made textile or fabric products, such as uniforms or tents. Over time, it has grown away from only textiles to incorporate special interests such as bulletproof vests, fire-retardant fabrics, and hand tools. The Berry Amendment is at DFARS 225.7002. The Berry Amendment has several exceptions; for example, it generally does not apply to contracts … Continue reading
The first part of Subpart 219.2 can function as a guide for small businesses working on DoD contracts for what they should expect the contracting agency to do, since it contains the standards to which the contracting agency will be held. DFARS 219.201. Because of the Fair Pay and Safe Workplaces Executive Order, later this year or next year, contracting officers will have to ensure that prospective contractors have not violated certain federal labor laws or corresponding state labor laws within the past three years, or the contractors may risk serious problems including suspension/debarment, default, and certification issues. If there is a labor dispute of some type, contractors should notify their contracting officer immediately so they have the opportunity to explain the situation and prevent … Continue reading
If a contractor and contracting officer wish to use a cost-plus-award-fee contract, they must refer to DFARS Part 216.405-2 and PGI 216.405-2. In the wake of allegations of contractors being paid unearned award fees, contractors must be particularly careful to follow this guidance, or risk reduction or denial of their award in accordance with DFARS Part 252.216-7004. Multiyear contracts are best used when there are many long-lead items that would necessarily be included in execution of the contract. However, contracting officers must still ensure that there is an economic benefit in using a multiyear contract instead of an annual procurement approach, and often must provide at least 30 days’ notice to the congressional defense committees before entering into the multiyear contract. DFARS Part 217.170. The … Continue reading
Per DFARS Subpart 215.371-2, contracting officers must promote competition, especially in the context of receipt of only one offer. However, even if more than one offer is received, the prices offered are not automatically fair or reasonable. Thus, contracting officers must still perform a price analysis. PGI 215.402 sets out procedures for buying supplies and services at fair and reasonable prices. Contracting officers have a responsibility to ensure fair and reasonable prices in all situations, and offerors have a corresponding responsibility to provide any relevant data the contracting officer might need to determine a fair and reasonable price, per FAR 15.402(a)(2). Per DFARS Subpart 215.470, the Government cannot ask for data it already has. If certain data were already submitted to the Government under another … Continue reading
Per DFARS 212.71, a contracting officer may enter into a contract with a nontraditional defense contractor for the acquisition of military-purpose nondevelopmental items. A nondevelopmental item is an item that has been developed entirely at private sector cost with no involvement of government funds.
When a major system is developed exclusively at private expense, contracting officers are prohibited from requiring offers for development or production of those systems which would enable the Government to use technical data to competitively reprocure identical items or components of such systems. Per DFARS 207.5, unless there are certain extenuating circumstances, the Government may not contract out inherently governmental functions, such as command of military forces or the direct conducting of a criminal investigation. In certain circumstances and for compelling reasons, the Government may contract with a debarred or suspended contractor. Some examples of compelling reasons are: only a debarred or suspended contractor can provide the supplies or services, urgency requires contracting with a debarred or suspended contractor, or the national defense requires continued … Continue reading
Episode 1 Contracting officers have a duty to report any violations or suspected violations of improper business practices as set out in DFARS 203.070. Total or partial exclusion of a particular source from contract action is statutorily governed, so it is not covered much by the FAR. The DFARS provides much more guidance on this, as well as PGI 206.2.