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Government Contracting - DFARS Part 202 - Definition Of Words And Terms - 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 202 - Definition Of Words And Terms - 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 Set-Aside Alert is the premier federal government contract information service, focused on small businesses, minority-owned and women-owned businesses, veteran- and SDV- owned businesses, SBA 8(a)-certified companies and HUBzone businesses. The newsletter provides RFP opportunities for set-asides. www.setasidealert.com Tom Johnson 301-229-5561
  6. 6. 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
  7. 7. 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
  8. 8. Our 2021 Webinar News * Use Code “DFARS” for a $15 Discount!
  9. 9. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com About Our Speaker Joshua Duvall Matross Edwards LLC jduvall@matrossedwards.com 202-854-9959
  10. 10. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 Definition of Words and Terms Wednesday, 13 January 2021
  11. 11. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202
  12. 12. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Definition • A statement of the meaning of a word or word group or a sign or symbol. (Merriam-Webster) • The action of defining, or stating exactly what a thing is, or what a word means. (Oxford English) • A precise statement of the essential nature of a thing; a statement or form of words by which anything is defined. (Oxford English) • The act of defining, or of making something definite, distinct, or clear. (Dictionary.com)
  13. 13. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Why are “definitions” (of words and terms) important? • Definitions tell the reader precisely what a word or term means, what it includes or excludes; makes the word or term definite. In other words, definitions provide clarity (hopefully). • Government contractors and industry encounter definitions in a number of places: • Small Business Regulations (8(a), WOSB/EDWOSB, SDVOSB, HUBZone) • Teaming Agreements, Subcontracts, and Operating Agreements • Business and Cyber Insurance Policies • FAR, DFARS, and Other Agency Supplements
  14. 14. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms • The DFARS is an important regulation because it implements and supplements the Federal Acquisition Regulation ("FAR"). The DFARS contains, for example, requirements of law, DoD-wide policies, delegations of FAR authorities, deviations from requirements under the FAR, and certain policies and procedures. • DFARS Part 202, available at https://www.acquisition.gov/dfars/part-202-definitions-words-and-terms. • Defines 31 words and terms (see also FAR 2.101 for defined terms under the FAR). • From “authorized aftermarket manufacturer” to “uncertified cost data.” • In today’s presentation, we will cover some of the highlights!
  15. 15. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms
  16. 16. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Contracting Officer's Representative • Means an individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.
  17. 17. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Why is “contracting officer's representative” important? • The COR (sometimes called the contracting officer’s technical representative or COTR) is not the contracting officer for a procurement. • As defined under FAR 2.101, the “contracting officer” is “a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.” • The COR does not have the same type of authority as the CO. In other words, the CO is the person to whom authority is vested to enter into contracts that bind contractors (be careful with contract mods).
  18. 18. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Cyber Incident • Means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein. Compromise • Means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
  19. 19. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Why are “cyber incident” and “compromise” important? • Many contractors in the defense industrial base are familiar with DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. • The -7012 clause imposes an obligation on contractors to protect, among other things, controlled unclassified information (“CUI”) by implementing the security requirements under NIST SP 800-171. Beyond that obligation, the -7012 clause also requires contractors to rapidly report a “cyber incident” (i.e., within 72 hours of discovery). • While there may be various other definitions for “cyber incident” and “compromise,” defense contractors must understand how the DFARS defines them!
  20. 20. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Nontraditional Defense Contractor • Means an entity that is not currently performing and has not performed any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement (10 U.S.C. 2302(9)).
  21. 21. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Why is “nontraditional defense contractor” important? • DoD’s use of other transaction authority (“OTA”) is skyrocketing. • Army Tripled OTA Prototyping To $4.8B In Just 3 Years: GAO (Breaking Defense) • https://breakingdefense.com/2020/10/army-tripled-prototyping-to-4-8b-in-just-3-years-gao/ • Navy seeing ‘explosion’ in use of OTA for IT, cyber development work (Federal News Network) • https://federalnewsnetwork.com/on-dod/2020/11/navy-seeing-explosion-in-use-of-ota-for-it-cyber- development-work
  22. 22. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Why is “nontraditional defense contractor” important? • 10 U.S.C. § 2371b - Authority of the Department of Defense to carry out certain prototype projects • (d) Appropriate Use of Authority. — (1) The Secretary of Defense shall ensure that no official of an agency enters into a transaction (other than a contract, grant, or cooperative agreement) for a prototype project under the authority of this section unless one of the following conditions is met: • (A) There is at least one nontraditional defense contractor or nonprofit research institution participating to a significant extent in the prototype project. * * *
  23. 23. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Tiered Evaluation of Offers • Also known as “cascading evaluation of offers,” means a procedure used in negotiated acquisitions, when market research is inconclusive for justifying limiting competition to small business concerns, whereby the contracting officer— • (1) Solicits and receives offers from both small and other than small business concerns; • (2) Establishes a tiered or cascading order of precedence for evaluating offers that is specified in the solicitation; and • (3) If no award can be made at the first tier, evaluates offers at the next lower tier, until award can be made.
  24. 24. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com DFARS Part 202 DFARS Part 202 – Definitions of Words and Terms Why is “tiered evaluation of offers” important? • May result in a solicitation that contains clauses that apply to one type of offeror and clauses that apply to another type of offeror (i.e., small businesses vs. large businesses). • See also 215.203-70 – Requests for proposals - tiered evaluation of offers • “Consideration shall be given to the tiers of small businesses (e.g., 8(a), HUBZone small business, service-disabled veteran-owned small business, small business) before evaluating offers from other than small business concerns.”
  25. 25. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com Thank You To Our Speaker Joshua Duvall Matross Edwards LLC jduvall@matrossedwards.com 202-854-9959
  26. 26. 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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