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Government Contracting - DFARS Part 207 - Acquisition Planning - Win Federal Contracts

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Please join Jennifer Schaus & Associates every Wednesday in 2021 for a complimentary Wednesday series. See the full recording on our YouTube Channel (coming soon). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!

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Government Contracting - DFARS Part 207 - Acquisition Planning - Win Federal Contracts

  1. 1. DFARS - 2021 Defense Federal Acquisition Regulation Supplement Complimentary Webinar Series JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
  2. 2. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com About The Series - Complimentary Webinar Series - Every Wednesday at 12pm EST - Recorded and posted on our website and YouTube Channel - Speakers are attorneys, consultants, subject matter experts in defense contracting
  3. 3. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com The National Veteran Small Business Coalition (NVSBC) is the largest non-profit trade association in the country representing veteran and service-disabled veteran-owned small business in the federal marketplace as prime and subcontractors. NVSBC provides networking, match-making, coaching, and training opportunities for members. Please visit: www.nvsbc.org
  4. 4. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com  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 ptac@gmu.edu or 703-277-7750 This procurement technical assistance center is funded in part through a cooperative agreement with the Defense Logistics Agency.
  5. 5. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
  6. 6. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
  7. 7. Judy Bradt, CEO The Art Of Human Connection In The Federal Arena The right data. For the right conversations. With the right people. At the right time. Judy.Bradt@GrowFedBiz.com • Activate your custom sales plan. • Meet your Federal Humans sooner. • Grow your Federal Business. • JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
  8. 8. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com *Register Here* https://na.eventscloud.com/ereg/newreg.php ?eventid=602896&reference=jsenl&utm_sour ce=Jennifer%20Schaus%20enewsletter&utm_ medium=newsletter&utm_campaign=WT%20 JSchaus
  9. 9. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com Title Date Registration Link Partner GSA Schedule: What’s In It For You? (Virtual) February 24, 2021 9:30am - 11:30am https://attendee.gotowebin ar.com/rt/68560953272137 52332 GSA Schedule: Procurement Training (Virtual) March 16, 2021 10:00am - 12:00pm https://clients.virginiasbdc.o rg/workshop.aspx?ekey=14 0410024 GSA Schedule: What’s In It For You? (Virtual) May 25, 2021 10:00am - 12:00pm https://attendee.gotowebin ar.com/rt/41951342514843 26668 Marketing and Messaging For Federal Contractors (Virtual) July 01, 2021 4:00pm – 6:00pm Coming soon! GSA Schedule: What’s In It For You? (Virtual) July 08, 2021 12:30pm - 2:0pm https://attendee.gotowebin ar.com/rt/19046459221525 46572
  10. 10. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com About Us - Professional services for federal contractors - Market Analysis - Proposal Writing / Pricing - Contract Compliance & Administration
  11. 11. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com Advertise In Our Newsletter: Reach 23,000+ Subscribers! Includes Government & Government Contractors Hello@JenniferSchaus.com
  12. 12. Hot Topics In Government Contracting Virtual Conference – Thursday, MAR 04 (8am-11:30am) AGENDA Session 1 – CMMC – Where Are We Now? Session 2 – Strategically Using the SBA’s Mentor-Protege Program Session 3 – Competitive vs Profitable Pricing – Can You Have It All Session 4 – NDAA, EO’s & Federal Contracting Opportunities In The Biden Administration Session 5 – Back to Business – PPP Eligibility and Forgiveness in 2021
  13. 13. Our 2021 Webinar News * Use Code “DFARS” for a $15 Discount!
  14. 14. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com About Our Speaker Alan Apple Ward & Berry PLLC alan@wardberry.com (512) 962-9955
  15. 15. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 Acquisition Planning Wednesday, 17 February 2021
  16. 16. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 Chapter 53: Air Force FAR Supplement (AFFARS) Chapter 52: Navy Marine Corps Acquisition Regulation Supplement (NMCARS) Chapter 51: Army FAR Supplement (AFARS)
  17. 17. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 FAR 7.102- POLICY (a) Agencies shall perform acquisition planning and conduct market research for all acquisitions in order to promote and provide for- (1) Acquisition of commercial items (2) Full and open competition (3) Selection of appropriate contract type (4) Appropriate consideration of the use of pre-existing contracts, including interagency and intra-agency contracts, to fulfill the requirement, before awarding new contracts.
  18. 18. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 (b) This planning shall integrate the efforts of all personnel responsible for significant aspects of the acquisition. The purpose of this planning is to ensure that the Government meets its needs in the most effective, economical, and timely manner.
  19. 19. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 FAR PART 7- ACQUISITION PLANNING SUBPART 7.1 — ACQUISITION PLANS SUBPART 7.2 — PLANNING FOR THE PURCHASE OF SUPPLIES IN ECONOMIC QUANTITIES SUBPART 7.3 — CONTRACTOR VERSUS GOVERNMENT PERFORMANCE SUBPART 7.4 — EQUIPMENT LEASE OR PURCHASE SUBPART 7.5 — INHERENTLY GOVERNMENTAL FUNCTIONS
  20. 20. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 DFARS PART 207- ACQUISITION PLANNING SUBPART 207.1 —ACQUISITION PLANS SUBPART 207.3 —CONTRACTOR VERSUS GOVERNMENT PERFORMANCE SUBPART 207.4 —EQUIPMENT LEASE OR PURCHASE SUBPART 207.5 —INHERENTLY GOVERNMENTAL FUNCTIONS SUBPART 207.70 —BUY-TO-BUDGET – ADDITIONAL QUANTITIES OF END ITEMS
  21. 21. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 207.103 AGENCY-HEAD RESPONSIBILTIES Prepare written acquisition plans for— • (A) Acquisitions for development, as defined in FAR 35.001, when the total cost of all contracts for the acquisition program is estimated at $10 million or more; • (B) Acquisitions for production or services when the total cost of all contracts for the acquisition program is estimated at $50 million or more for all years or $25 million or more for any fiscal year; and • (C) Any other acquisition considered appropriate by the department or agency.
  22. 22. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 FAR 7.105 CONTENTS OF WRITTEN ACQUISITION PLANS • the plan must identify those milestones at which decisions should be made • The plan must address all the technical, business, management, and other significant considerations that will control the acquisition. • The specific content of plans will vary, depending on the nature, circumstances, and stage of the acquisition. • Two major sections: Acquisition Background and Objectives and Plan of Action
  23. 23. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 PGI 207.105- CONTENTS OF WRITTEN ACQUISITION PLANS Acquisition Background and Objectives • Statement of Need • Lifecycle Cost • Acquisition Streamlining Plan of action • Competition • Acquisition Considerations • Budgeting and funding • Product or service descriptions • Logistic s Consideration • Environmental and energy conservation • Other Considerations
  24. 24. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 SUBPART 207.3 —CONTRACTOR VERSUS GOVERNMENT PERFORMANCE 207.302 Policy. See PGI 207.302 for information on the Governmentwide moratorium and restrictions on public- private competitions conducted pursuant to Office of Management and Budget (OMB) Circular A- 76. PGI 207.302 Policy. See the memorandum from Assistant Secretary of Defense (Manpower and Reserve Affairs) dated April 21, 2016, entitled “Update on OMB Circular A-76 Public-Private Competition Prohibitions-FY 2016,” regarding the ongoing Governmentwide moratorium and restrictions on public-private competitions. • The restrictions prohibit the conversion of any work currently performed (or designated for performance) by civilian personnel to contract performance.
  25. 25. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 SUBPART 207.4 —EQUIPMENT LEASE OR PURCHASE 207.401 Acquisition considerations. If the equipment will be leased for more than 60 days, the requiring activity must prepare and provide the contracting officer with the justification supporting the decision to lease or purchase. • Requires authorization of certain contracts relating to vessels, aircraft, and combat vehicles • Limitation on contracts with terms of 18 months or more • Leasing commercial vehicles and associated equipment 207.471 Funding requirements • Procurement funds for capital leases (essentially installment purchases of property).
  26. 26. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 FAR 2.101- Definitions Inherently governmental function means, as a matter of policy, a function that is so intimately related to the public interest as to mandate performance by Government employees. This definition is a policy determination, not a legal determination. An inherently governmental function includes activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements. SUBPART 207.5 —INHERENTLY GOVERNMENTAL FUNCTIONS
  27. 27. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 Inherently Governmental Continued: (1) An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as to- (i) Bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; (ii) Determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; (iii) Significantly affect the life, liberty, or property of private persons; (iv) Commission, appoint, direct, or control officers or employees of the United States; or (v) Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of Federal funds.
  28. 28. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 SUBPART 207.5 —INHERENTLY GOVERNMENTAL FUNCTIONS 207.503 Policy. (e) The written determination required by FAR 7.503(e), that none of the functions to be performed by contract are inherently governmental— Exceptions: (i) The contracting officer determines that appropriate military or civilian DoD personnel— (A) Cannot reasonably be made available to perform the functions; (B) Will oversee contractor performance of the contract; and (C) Will perform all inherently governmental functions associated with the functions to be performed under the contract; and (ii) The contracting officer ensures that the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract (see FAR Subpart 9.5).
  29. 29. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part #207 SUBPART 207.70- BUY-TO-BUDGET-ADDITIONAL QUANTIITES OF END ITEMS 207.7002 Authority to acquire additional quantities of end items 10 U.S.C. 2308 authorizes DoD to use funds available for the acquisition of an end item to acquire a higher quantity of the end item than the quantity specified in a law providing for the funding of that acquisition, if the head of an agency determines that— (a) The agency has an established requirement for the end item that is expected to remain substantially unchanged throughout the period of the acquisition; (b) It is possible to acquire the higher quantity of the end item without additional funding because of production efficiencies or other cost reductions; (c) The amount of funds used for the acquisition of the higher quantity of the end item will not exceed the amount provided under that law for the acquisition of the end item; and (d) The amount provided under that law for the acquisition of the end item is sufficient to ensure that each unit of the end item acquired within the higher quantity is fully funded as a complete end item.
  30. 30. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com THANK YOU To Our Speaker Alan Apple Ward & Berry PLLC alan@wardberry.com (512) 962-9955
  31. 31. Thank You For Attending! DFARS - 2021 Defense Federal Acquisition Regulation Supplement Complimentary Webinar Series JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com

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