2024: The FAR - Federal Acquisition Regulations, Part 34

JenniferLSchaus 114 views 42 slides May 17, 2024
Slide 1
Slide 1 of 42
Slide 1
1
Slide 2
2
Slide 3
3
Slide 4
4
Slide 5
5
Slide 6
6
Slide 7
7
Slide 8
8
Slide 9
9
Slide 10
10
Slide 11
11
Slide 12
12
Slide 13
13
Slide 14
14
Slide 15
15
Slide 16
16
Slide 17
17
Slide 18
18
Slide 19
19
Slide 20
20
Slide 21
21
Slide 22
22
Slide 23
23
Slide 24
24
Slide 25
25
Slide 26
26
Slide 27
27
Slide 28
28
Slide 29
29
Slide 30
30
Slide 31
31
Slide 32
32
Slide 33
33
Slide 34
34
Slide 35
35
Slide 36
36
Slide 37
37
Slide 38
38
Slide 39
39
Slide 40
40
Slide 41
41
Slide 42
42

About This Presentation

Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos


Slide Content

2024 Webinar Series The FAR: Federal Acquisition Regulations Understand the rules of the federal contracting game - and play to win ! J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR ABOUT THE SERIES : We’ll cover each PART of THE FAR Typically held Wednesdays and Fridays, 12pm Complimentary Recorded Video Posted on YouTube https://www.youtube.com/@jenniferschaus/videos PPT Posted on SlideShare.net Sponsor/Advertising Options Available J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR ABOUT US: Services for FED GOV CONTRACTORS: Washington DC based; Professional services for established gov cons; Market Analysis to GSA Schedules; Contract Administration, etc. J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR ABOUT US: Services for those selling TO FED CONTRACTORS: Newsletter Advertising; Webinar Advertising; Social Media Advertising; Event Sponsorship; Ask for our MEDIA KIT! J Schaus & Associates, WASHINGTON DC – [email protected]

Marketing TO Federal Contractors? BOGO Digital Advertising Offer 30,000+ Newsletter Subscribers 90% Federal Contractors 23% - 32% Open Rates (12 Mo Ave) 4% - 12% Click Rates (12 Mo Ave) -------------------------------- [email protected] for details

WEDNESDAY 05/08 US SENATE – & - HOUSE OF REPRESENTATIVES Scheduled Hearings

Our Complimentary Webinars With APEX Accelerators

TUESDAY, MAY 21 st 9-11am “GSA Schedules: The What, Why, How To - And Fine Print!” REGISTER: https://events.teams.microsoft.com/event/01d60a75-d77d-44d0-a501-9f74ff47c4ef@253e7787-672d-4071-9290-fc3db5246db7 TUESDAY, JUNE 4 th 9-11am “Federal Contractors Basic Marketing Guide” REGISTER: https://events.teams.microsoft.com/event/70f1a706-f1b3-46e1-9f88-d769e16075f3@253e7787-672d-4071-9290-fc3db5246db7 LIVE WEB BASED TRAINING

VA APEX ACCELERATOR - 2024 TRAINING EVENTS THURSDAY, JUNE 13 th 11.30am-1.30pm GSA Schedules: Requirements, Proposal Prep and – What’s Next REGISTER: https://virginiaptac.ecenterdirect.com/events/4448 TUESDAY, AUGUST 6 th 1pm-3pm Marketing 101 For Federal Contractors: Attract The Primes, Attract The Government REGISTER: https://virginiaptac.ecenterdirect.com/events/4452 TUESDAY, NOVEMBER 12 th 9.30am-11.30am GSA Schedules: Requirements, Proposal Prep and – What’s Next REGISTER: https://virginiaptac.ecenterdirect.com/events/4456

MD APEX ACCELERATOR - 2024 TRAINING EVENTS THURSDAY, JUL 25 th 2024 10am-11am Kickstart Your Federal Marketing REGISTER: https://mdptac.ecenterdirect.com/events/15242 THURSDAY, DEC 5 th 2024 10am-11am GSA Schedules - What You Need To Know REGISTER: https://mdptac.ecenterdirect.com/events/15244

Our Sponsored Content Webinars Palmetier Law – Part 1 of 2 - Thursday JUNE 20 SBIR / STTR Unleashing Small Business Innovations: A Path To Growth & Prosperity https://attendee.gotowebinar.com/register/819675359822707801 Palmetier Law – Part 2 of 2 Thursday JUNE 27 SBIR / STTR Unleashing Small Business Innovations: A Path To Growth & Prosperity https://attendee.gotowebinar.com/register/4351522212519190620

Federal Government Contractors SUMMER SOIREE Monday June 24 th John F Kennedy Center 530PM - 730PM Meet The FED GOV & Network with Contractors! TICKETS REQUIRED IN ADVANCE https://govsummer2024.eventbrite.com

2024 Webinar Series - THE FAR THANK YOU TO OUR WEBINAR SPONSORS J Schaus & Associates, WASHINGTON DC – [email protected]

The FAR – Federal Acquisition Regulations - WEBINAR SERIES 2024 JSchaus & Associates – Washington DC – [email protected]

Full training calendar: virginiaptac.org & useful links Register for free counseling: https://virginiaptac.org/services/counseling/ Your “one stop” shop for Government Contracting assistance Reach us at [email protected] or 703-277-7750 This APEX Accelerator is funded in part through a cooperative agreement with the Department of Defense. Next Steps?

2024 Webinar Series THE FAR THE FAR – PART 34 J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR FAR PART #34: Major System Acquisition SPEAKER: Susan Warshaw Ebner FIRM: Stinson LLP EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR J Schaus & Associates, WASHINGTON DC – [email protected] FAR PART 34 Major System Acquisition May 18, 2024

2024 Webinar Series - THE FAR FAR Part 34 Major System Acquisition What is a Major System? Acquisition of a Major System Acquisition Use of Title III Defense Production Act Testing and Qualification Earned Value Management System J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR What is a Major System? Combination of elements that will function together to produce the capabilities required to fulfill a mission need May include hardware, equipment, software, or a combination Excludes construction or other improvements to real property Civilian v. Defense agencies have different thresholds Ultimately, the system will be designated a “major system” by the head of the agency responsible for the system. J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Acquisition OF a Major System FAR part 34 governs acquisition of major systems FAR 34.000 provides for acquisition consistent with OMB Circular A-109 and Earned Value Management System per OMB Circular A-11 part 7 NOTE: OMB Circular A-109 is no longer listed on White House website OMB Circular A-11 part 7 includes appendices for scorekeeping, budget treatment of lease-purchases and lease of capital assets, principles for budgeting for capital asset acquisitions J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Acquisition OF a Major System Policy is to Acquire a Major System in most effective, economical, and timely manner Promote innovation and full and open competition FAR 34.001 Agency is to seek effective competition Two or more contractors acting independently to ensure “Government will be offered the lowest cost or price alternative or best technical design meeting its minimum needs” Do not assume this means they are seeking an LPTA award! J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Acquisition OF a Major System FAR 34.002 Policy also includes provision to sustain effective competition between alternative systems, concepts and sources for as long as “beneficial” FAR 34.005-1(a) provides that “Foreign contractors, technology, and equipment may be considered when it is feasible and permissible to do so” Agencies are to develop the acquisition strategy tailored to the particular program Identify key decision points/officials responsible for making decisions See next slide as example J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR J Schaus & Associates, WASHINGTON DC – [email protected] https://acqnotes.com/wp-content/uploads/2014/09/Interactive-Lifecycle-Wall-Chart-Jan-18.pdf

2024 Webinar Series - THE FAR Acquisition Strategy To Be Tailored to Particular Program Concept Exploration Contracts – Focus on refining proposed concept/reducing technical uncertainties, includes exploration consistent with budget, promising nature of approach, acceptable progress being made Demonstration Contracts – Contractors to demonstrate; aim is to be in a position to provide priced proposals, completely funded by the government, for full-scale development Full-Scale Development Contracts – Contractors submit priced proposals for production based on the latest quantity, schedule, and logistics requirements. Full Production Contracts – Acquisition of major systems successfully tested where consistent with mission need and program objectives Subsystem or Component Contracts – May mandate specification or standards J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Testing, Qualification and Use of “Industrial Resources” Developed under Title III, Defense Production Act (DPA) DPA may be used to “encourage expansion of production capacity and supply of industrial resources essential to national defense” Rated orders “Industrial Resources” What is a Title III “Industrial Resource?” Materials, services, processes, or manufacturing equipment established or maintained under authority of Title III of the Defense Production Act Includes processes, technologies, and ancillary services for the use of manufacturing equipment J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Testing, Qualification and Use of “Industrial Resources” Developed under Title III, Defense Production Act (DPA) Policies and procedures for testing, qualification, and use of industrial resources manufactured or developed Title III authorizes various forms of Government assistance to encourage expansion of production capacity and supply of industrial resources essential to national defense Where a Title III Industrial Resource is identified, it is the policy of the Government to pay for any testing and qualification required for use or incorporation J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Testing, Qualification and Use of “Industrial Resources” Developed under Title III, Defense Production Act (DPA) What is a Title III Project Contractor – A contractor that has received assistance for the development or manufacture of an industrial resource Refer request to Contracting Officer for testing and qualification of a Title III industrial resource for approval Contracting Officer will modify the contract and make an equitable adjustment for cost of testing and qualification Applicable FAR 52.234-1 clause, flows down to “every subcontract issued in performance of the Title III contract.” J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Earned Value Management System (EVMS) Tool used to assess contractor’s progress in comparison to budgeted cost and schedule (integrated baseline reviews (IBRs)) Required for Major Acquisitions for Development OMB Circular A-11 Preparation, Submission, And Execution of the Budget (Scoring, Budgeting, Funding, Color of Money) (current 8/23) EVMS may also be required for other procurements Where EVMS included, requirements apply to subcontractors Plan to comply with ANSI/EIA-748 (current version at time of award) J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Integrated Baseline Review (IBR) Where EVMS is required, Government may conduct an IBR to assess: Contractor proposed plan’s ability to achieve scope of work Whether time allocated can achieve identified project schedule milestones Ability of Performance Management Baseline to execute the project and attain cost of objectives Adequacy of personnel, facilities, and equipment to perform tasks, including major subcontractors Effectiveness of management processes Offeror must identify major subcontractors; Prime Contractor & Government agree to subcontractors that are to apply EVMS guidelines J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR EVMS Solicitation Provisions and Contract Clauses FAR 52.234-2, Notice of Earned Value Management System- Preaward Integrated Baseline Review FAR 52.234-3, Notice of Earned Value Management System- Postaward Integrated Baseline Review FAR 52.234-4, Earned Value Management System Other specific agency provisions, e.g ., DFARS 252.234-7001  Notice of Earned Value Management System DFARS 252.234-7002  Earned Value Management System J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series - THE FAR Some Takeaways Major System Acquisitions aren’t typically simple or quick Many different personnel and programs may be involved in just one buy There are a lot of moving parts and approval processes Knowing the way the system works can help you avoid missteps! J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR Please subscribe to our YouTube Channel for Gov Con Content Uploads including THESE WEBINARS! https://www.youtube.com/@jenniferschaus/videos J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series THE FAR THANK YOU FOR ATTENDING! FAR PART #34: Major System Acquisition SPEAKER: Susan Warshaw Ebner FIRM: Stinson EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

2024 Webinar Series The FAR: Federal Acquisition Regulations THANK YOU FOR JOINING US! J Schaus & Associates, WASHINGTON DC – [email protected]