The 2010 DOD Authorization Act is Signed

The fiscal year 2010 Defense Dept. authorization act signed by Pres. Obama Oct 28 contains a number of provisions related to contracting with DOD in the Title VIII section of the Act. They include:

• For IT services the Defense Science Board is to make improvements over the procurement and oversight of contract services and the DOD budget is to include information on procuring contract services
• In moves to limit public-private competitions there will be language removing the exemption of less than 10 employees from the requirement to conduct a public-private competition, the time limits for conducting a public-private competition will be reduced to 24 months with opportunity to expand this, a moratorium on performance of public-private competitions are made until a comprehensive review of its policies are completed and GAO protests by federal employees being affected by a public-private competition will be allowed
• Agencies are prohibited from awarding a sole-source award valued at more than $20 million unless the CO justifies it in writing and an agency official signs off and a written justification is made to the public
• Revisions to the DFARS are called for that will limit the reimbursement of costs and payment of profit or fees on costs incurred before definitization of an undefinitized contract or task/delivery orders
• The uniform suspension and debarment process is expanded to restrict debarred contractors from receiving subcontracts at any tier except for subcontracts for commercially available off-theshelf items and subcontracts below the first tier for procurement of commercial items
• The authority for using simplified acquisition procedures of commercial items provided in the Clinger-Cohen Act is extended through the end of 2012
• DOD contracting officers are required to publish on the FedBizOpps.gov notifications of acquisitions involving bundling at least 30 days prior to release of the solicitations for the acquisitions along with a description of any measurable benefit the agency has determined will be derived from the bundling
• The government is to review post-employment restrictions for former DOD personnel to ensure conflicts of interests are prevented, there is no undue influence by former officials and sufficient disclosures are made on whether accepting employment involve matters related to their official duties while making sure there are not unreasonable restrictions limiting future employment opportunities for former officials
• Institute a study of major subcontracts under major weapons systems to see whether primes conducted a buy versus build analysis, ensured that conflicts of interest were avoided and that the award process was properly conducted ensuring adequate competition
• Initiate a review of the proper use of “Other than Cost or Price” to evaluate competitive proposals and whether their use contributed to the interest of the government
• The DOD’s SBIR and STTR programs are extended through Sep 30, 2010
• DOD will be authorized to provide access to technical data delivered under a contract to government support contractors that are furnishing independent and impartial advice or technical assistance to government management. The support contractors may not be affiliated with either the prime or first tier subcontractor on the program and must agree not to use the data to compete against a third party for government or nongovernment contracts. Support contractors must also agree to protect the proprietary nature of the technical data and sign a nondisclosure agreement with the contractor possessing rights to the data where breach of such a contract is subject to legal action, penalties and damages

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