2024: The FAR - Federal Acquisition Regulations, Part 39

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

1. 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]

2. 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]

3. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

4. 2024 Webinar Series THE FAR J Schaus & Associates, WASHINGTON DC – [email protected]

5. 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]

6. 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]

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8. US SENATE – & - HOUSE OF REPRESENTATIVES Scheduled Hearings

9. Our Complimentary Webinars With APEX Accelerators

10. 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

11. 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

12. 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

13. 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

14. SPONSORS – GOVERNMENT – IN-KIND SPONSORS Federal Government Contractors - SUMMER SOIREE Monday June 24 th - John F Kennedy Ctr - 530PM - 730PM SPONSORSHIPS OPPORTUNITIES AVAILABLE [email protected]

15. Federal Government Contractors SUMMER SOIREE Monday June 24 th - John F Kennedy Ctr - 530PM - 730PM SPONSORSHIPS OPPORTUNITIES AVAILABLE [email protected] MEET THE GOVERNMENT

16. 2024 Webinar Series - THE FAR THANK YOU TO OUR WEBINAR SPONSORS J Schaus & Associates, WASHINGTON DC – [email protected]

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

18. 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?

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20. 2024 Webinar Series THE FAR THE FAR – PART 39 J Schaus & Associates, WASHINGTON DC – [email protected]

21. 2024 Webinar Series THE FAR FAR PART #39: Acquisition Of Information Technology SPEAKER: Cara Wulf FIRM: McCarter & English EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

22. 2024 Webinar Series - THE FAR Scope and Applicability FAR 39.001, 002 and 003 Applies to acquisition of information and communication technology, including financial management systems, by or for the use of agencies or the public Does not apply to acquisitions of information technology for national security systems National Security systems are defined as intelligence, cryptologic, military C2, weapons systems or critical systems for the fulfilment of military or intelligence missions. Applies to modular contracts—contracts used to acquire IT in successive, interoperable increments J Schaus & Associates, WASHINGTON DC – [email protected]

23. 2024 Webinar Series - THE FAR Policy FAR 39.101 Agencies must identify their requirements for IT pursuant to: OMB Circular A-130 Sustainable products and services IAW subpart 23.1 Policies and best management practices for energy efficiency or environmentally preferable features Consider the rapidly-changing nature of IT and technology refreshment techniques Follow OMB Circular A-127, Financial Management Systems to acquire such systems Include appropriate IT security policies, including those of the National Institute of Standards & Technology (NIST) J Schaus & Associates, WASHINGTON DC – [email protected]

24. 2024 Webinar Series - THE FAR Policy FAR 39.101 For Internet Protocol procurements, include compliance requirements IAW 11.002 including the appropriate technical capabilities defined in the USGv6 Profile (NIST Special Publication 500-267) and the corresponding declarations of conformance defined in the USGv6 Test Program No Kaspersky Lab products No Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company products No TikTok or other covered applications No articles prohibited under a FASCSA order J Schaus & Associates, WASHINGTON DC – [email protected]

25. 2024 Webinar Series - THE FAR Policy OMB Circular A-130 Provides that: All federal information systems must have security plans Systems must have formal emergency response capabilities A single individual must have OPSEC responsibility Financial Management and Fiscal Integrity Act reports to Congress must be made regarding the security of the systems Security awareness training must be available to all government users and administrators Regular review and improvement upon contingency plans for the system J Schaus & Associates, WASHINGTON DC – [email protected]

26. 2024 Webinar Series - THE FAR Management of Risk FAR 39.102 Prior to entering into a contract for IT, an agency should analyze risks, benefits, and costs Reasonable risk taking is appropriate as long as risks are controlled and mitigated Contracting and program officials are jointly responsible for assessing, monitoring, and controlling risk when selecting projects for investment and during program implementation J Schaus & Associates, WASHINGTON DC – [email protected]

27. 2024 Webinar Series - THE FAR Management of Risk FAR 39.102 Risks may include: J Schaus & Associates, WASHINGTON DC – [email protected] Schedule risk Risk of technical obsolescence Cost risk Risk in particular contract type Technical feasibility Dependencies of between new/other projects Number of high risk projects Funding availability Program management risks

28. 2024 Webinar Series - THE FAR Management of Risk FAR 39.102 Appropriate risk management and mitigation techniques include: Prudent project management Use of modular contracting Thorough acquisition planning tied to budget planning Continuous collection and evaluation of risk-based assessment data Prototyping prior to implementation Post implementation reviews to determine actual project cost, benefits and returns J Schaus & Associates, WASHINGTON DC – [email protected]

29. 2024 Webinar Series - THE FAR Modular Contracting FAR 39.103 Modular contracting is intended to reduce program risk and to incentivize contractor performance while meeting the Government’s need for timely access to rapidly changing technology. Government is required to use modular contracting to the maximum extent practicable to obtain major systems but may also acquire other systems Modular Contracting allows for the acquisition of IT in smaller increments that: Are easier to manage Increase the likelihood of obtaining workable systems Provide for delivery of discrete workable systems Provides opportunity for subsequent increments to take advantage of technology evolutions Reduces program risk by isolating & avoiding custom-designed components of the system J Schaus & Associates, WASHINGTON DC – [email protected]

30. 2024 Webinar Series - THE FAR Modular Contracting FAR 39.103 When defining an increment the government should consider: To promote compatibility, the increment should comply with commercially acceptable IT standards and agency architecture Performance requirements of each increment should be consistent with the overall performance requirements for the system Contract type and method should be chosen to facilitate the acquisition of additional increments and avoid procuring unnecessary increments To avoid obsolescence, a modular contract should be awarded within 180 days of the solicitation issue J Schaus & Associates, WASHINGTON DC – [email protected]

31. 2024 Webinar Series - THE FAR IT Services FAR 39.104 Solicitations should not include experience or educational requirements unless the agency’s requirement for IT services Cannot be met without it And is not performance based J Schaus & Associates, WASHINGTON DC – [email protected]

32. 2024 Webinar Series - THE FAR Privacy FAR 39.105 Contracts for information must address protections of privacy IAW Privacy Act (5 U.S.C. 552a) and FAR Part 24. Contracts IT services for records systems must include: Agency rules of conduct that the contractor shall be required to follow A list of the anticipated threats and hazards Required safeguards A Government inspection program J Schaus & Associates, WASHINGTON DC – [email protected]

33. 2024 Webinar Series - THE FAR Contract Clause FAR 39.106 52.239-1 Privacy or Security Safeguards (Aug 1996) (a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. (b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases. (c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. J Schaus & Associates, WASHINGTON DC – [email protected]

34. 2024 Webinar Series - THE FAR Information and Communication Technology FAR Subpart 39.2 Implements Section 508 (FAR 39.201) When acquiring ICT, the government must ensure that federal employees and members of the public with disabilities have comparable access to information as persons without disabilities ICT accessibility standards are generally applicable unless an exception or exemption applies J Schaus & Associates, WASHINGTON DC – [email protected]

35. 2024 Webinar Series - THE FAR Information and Communication Technology FAR 39.203 – Applicability No need to determine an exception or exemption for an IDIQ at the time of award unless there is an initial delivery requirement. Must determine the exception or exemption at the task order level For commercial product/services, the agency must comply with ICT accessibility standards to the extent possible with commercial products/services Unaltered legacy ICT that complies with earlier standards is not required to comply with the current ICT accessibility standards, but must comply if altered J Schaus & Associates, WASHINGTON DC – [email protected]

36. 2024 Webinar Series - THE FAR Information and Communication Technology FAR 39.204 – Exceptions National Security systems Incidental contract items (contractor systems for contract performance) Maintenance or monitoring spaces for service personnel only Contracting officer shall receive, as a part of the requirements documentation, written confirmation from the requiring activity that an exception applies to the ICT supply or service; documentation shall be maintained in the contract file. J Schaus & Associates, WASHINGTON DC – [email protected]

37. 2024 Webinar Series - THE FAR Information and Communication Technology FAR 39.205 - Exemptions Undue burden—agency determines accessibility standards would cause an undue burden or expense (as defined in FAR 39.202) Fundamental Alteration—accessibility would alter the nature of the ICT Nonavailability of commercial products/services If an exemption applies, agency must provide alternative forms of access Agency must document basis for exemptions with a written determination J Schaus & Associates, WASHINGTON DC – [email protected]

38. 2024 Webinar Series - THE FAR Preference for Commercial Items Preference for Commercial Items implemented by both statute and regulation 41 U.S.C. § 3307 10 U.S.C. § 2377 FAR Part 12 Particularly significant for commercial computer software GSA IT Schedule 70 = $14B or 42% of all GSA buys New Federal cybersecurity best practices do not change the preference for commercial items J Schaus & Associates, WASHINGTON DC – [email protected]

39. 2024 Webinar Series - THE FAR Preference for Commercial Items FAR 2.101 sets forth a rather amorphous definition Items “of a type” customarily used by general public or other non-governmental entities for purposes other than government purposes Items of a type sold, leased, or licensed (or offered to be sold, leased or licensed) to the general public Items that have evolved through advances in technology or performance and are not yet available in the commercial marketplace, but will be available in time to satisfy delivery requirements specified in the solicitation Modifications of a type customarily available in the commercial marketplace J Schaus & Associates, WASHINGTON DC – [email protected]

40. 2024 Webinar Series THE FAR THANK YOU FOR ATTENDING! FAR PART #39: Acquisition Of Information Technology SPEAKER: Cara Wulf FIRM: McCarter & English EMAIL: [email protected] J Schaus & Associates, WASHINGTON DC – [email protected]

41. 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]

42. 2024 Webinar Series The FAR: Federal Acquisition Regulations THANK YOU FOR JOINING US! J Schaus & Associates, WASHINGTON DC – [email protected]