ACQUISITION UPDATE LTC Undra Robinson Deputy Chief, Contracting and Acquisition Management Office 25

1
ACQUISITIONUPDATE LTC Undra RobinsonDeputy
Chief, Contracting and Acquisition Management
Office(256)955-3410Undra.Robinson_at_smdc.army.mil
Distribution authorized to U.S. Government
agencies (Date of Determination April 2003).
Other requests for this document shall be
referred to the U.S. Army Space and Missile
Defense Command, ATTN SMDC-CM, 106 Wynn Drive,
Huntsville, AL 35805-1957.
2
Acquisition Update
CHANGES ARE COMING OUT FASTER

• Contractors on the Battlefield
• Bundling/Consolidation
• Provisional Award Fee Payments (DoD)
• Overpayment Rules
• Sole Source Authority for Disabled U.S. Veteran
• Owned Small Businesses
• (6) Services Acquisition Reform Act (SARA)

3
Contractors on the Battlefield

• New Army Clause effective November 28, 2003
• Contractor acknowledges inherent danger and
  accepts risks associated with performance
• Must comply with Combatant Command orders-
  failure to comply will result in employees being
  removed from theater at contractors expense

4
Contractors on the Battlefield(Continued)

• Contractor employees must pass security and
  medical requirements and have pre-deployment
  training
• Employees will not wear uniforms, but may wear
  NBC protective clothing
• Employees may be issued weapons, with approvals
• Employees may be required to coordinate
• in-country purchases of good and services

5
Bundling/Consolidation

• New SBA Rule Effective October 20, 2003
• Now applies to multiple award contracts and
  task/delivery orders under them
• Mandates coordination with Small Business
  Specialists

6
Bundling/Consolidation(continued)

• Redefines Bundling or Bundled Requirement
  refers to consolidation of two or more
  requirements into a solicitation where one award
  is contemplated that is likely to be unsuitable
  for award to a small business.
• Unsuitability may be due to
• Diversity, size or specialized nature of
  performance
• Aggregate dollar amount
• Geographical dispersion of performance sites
• Combination of above

7
Provisional Award Fee Payments

• Effective Date January 13, 2004, but may be
  used in earlier solicitations provided contract
  award is on or after January 13, 2004
• Requirements Contractor must have prior
  successful evaluations and use will not diminish
  effectiveness of the incentive

8
Provisional Award Fee Payments(continued)

• Ceiling 50 of award fee available during
  initial period and may not exceed 80 of the
  previous rating times the current periods award
  fee pool
• Overpayments must immediately be returned or
  credited

Bottom line this changes the timing of award fee
payments, not the underlying entitlement Award
fee must still be earned
9
Overpayment Rules

• Revised clauses, effective October 31, 2003
• Contractor now has affirmative duty to
  immediately notify Contracting Officer and
  request instructions
• Applies to overpayments and duplicate payments
• No unique penalty if not done, but failure to
  comply with contract requirement may be grounds
  for negative performance rating

10
Sole Source for DisabledU.S. Veteran Owned Small
Business

• Authorized in Veterans Benefits Act of 2003
  (H.R.2297) Signed into Law December 2003
• Up to 5 million for manufacturing or 3
  million for everything else
• Also authorizes disabled U.S. Veteran owned
  small business set-asides
• Prices must be fair and reasonable
• JWOD preference still comes first

11
SARA

• Signed into Law November 24, 2003
• Requires Chief Acquisition Officers at Civilian
  Agencies
• Authorizes telecommuting for contractors
• Defines performance based service contracts up
  to 25 Million as commercial items

12
SARA(Continued)

• Authorizes time and materials and labor hour
  contract types for commercial services buys,
  provided the services are sold to the public
  using that type of contract, and the procurement
  is accomplished through competition
• Requires contracts supporting IRAQI
  reconstruction that use other than full and open
  competition to publish information in the CBD
  about how the award was made as well as the JA

13
Technological Excellence in Aviation, Missiles
and Space (TEAMS) Academic Grants
AwardsAnnouncement
14
Interagency Project

• BG Jim Pillsbury, Commanding General, U.S. Army
  Aviation and Missile Command
• Dr. William McCorkle, Aviation and Missile
  Research, Development and Engineering Center
• Mr. Axel Roth, Associate Director, National
  Aeronautics and Space Administration/Marshall
  Space Flight Center
• MG John W. Holly, Program Director,
  Ground-based Midcourse Defense - Joint Program
  Office
• MG John M. Urias, Program Executive Officer,
  Air, Space and Missile Defense/Deputy Commanding
  General for Research, Development and Acquisition
  for the U.S. Army Space and Missile Defense
  Command
• MG Larry J. Dodgen, Commanding General, U.S.
  Army Space and Missile Defense Command

15
Mission
To wisely use and pool federal (civilian and
military) resources to accomplish our research
and development missions by supporting colleges
and universities, and the students attending
them, that have the ability to assist us in
maintaining the U.S. lead in space and national
defense.
16
2004 Grant Topics

• SMART Systems
• High Energy Density Materials for Propulsion
  and Power Generation
• Application of Micro Electrical Mechanical
  Systems (MEMS) and Nano-Technology to Sensors,
  Advanced Materials, Propulsion and Structures

17
TEAMS Grant Point of Contact
Jan P. Burke U.S. Army Space and Missile
Defense Command [phone] Jan.Burke_at_smdc.ar
my.mil
18
QUESTIONS ?