Without precise planning, metrics can be a minefield

In 1991, when Allan Burman was administrator of the Office of Federal Procurement Policy, he issued a bulletin starting the push for performance-based contracting. Since then, this contracting technique has had some success but proponents are still dissatisfied. In their view, agencies are missing many opportunities to use it.

Federal Contract Law: Creativity is key to this military program

On a recent trip to Los Angeles, I visited a place that is putting into practice what many in Washington have merely preached.

Federal Contract Law: How not to place contract orders

The 1997 OFPP guide says that 'the 'preference' for multiple award contracts is just that, a preference.' When they put a word in quotes like that, it's irony. You know, like winking.

Federal Contract Law: Beware of traps in GSA's schedule program changes

The General Services Administration has gone ahead with one of the changes to the schedule program I discussed in my June 16 column.

Federal Contract Law: Contractors even sue themselves over contracts

Recently, two contracting Goliaths squared off in the courtroom. Lockheed Martin Corp. sued Boeing Co. over an Air Force contract for rockets to launch satellites.

Federal Contract Law: Much ado about GSA's federal supply schedules

The world of GSA Schedule contracting is rocking along, with a major new regulation and several proposals in the wings. The new regulation adopts rules for 'co-operative' purchasing use of IT schedules by state and local governments.

Federal Contract Law: Three trends to watch for in federal procurement

Although it is tough to predict the direction of procurement policy, there are some trends with interesting possibilities. Three areas in particular hold promise.

Federal Contract Law: A lesson in default terminations

You may remember the Navy's ill-fated A-12 program. After the Air Force had successfully developed stealth aircraft, the Navy tried to develop its own carrier-based stealthy strike planes.

Federal Contract Law: How an old contract came back to bite du Pont

Resolving disputes through litigation is a notoriously slow process. Even so, I was taken aback recently by a federal court ruling. The Court of Federal Claims had resolved questions arising under a contract dating back more than a half century, to World War II.

Federal Contract Law: Contracting without competition is out of control

The most troublesome public contracts aren't those for R&D programs. Folks expect them to run over cost and over budget. After all, estimation is an art, prognostication is a fiction and exaggeration is a successful political strategy. Motive, method and opportunity all come together in this predictably serial crime.

Federal Contract Law: Remember when CICA, GSBCA held sway?

GCN last month celebrated its 20th anniversary, so I looked back over my first columns. When I started in 1984, the hot topic was the recently enacted Competition in Contracting Act. The IT community was also interested in the new bid protest jurisdiction of the General Services Administration Board of Contract Appeals.

Federal Contract Law: Judge Daniels takes a 20-year view of reform

Judge Stephen Daniels, chairman of the General Services Administration Board of Contract Appeals, recently offered his views of the state of the procurement system. His talk was sponsored by the Office of Federal Procurement Policy, which has provided a forum for the deep thinkers of our field to speak out.

Federal Contract Law: Competition is required even for task orders

It's no secret in federal contracting that task and delivery order contracts are hot. Contracting and program officials like the convenience of placing orders instead of competing entire contracts.

Federal Contract Law: On financial statements, who should feds trust?

Federal contracting officials are notoriously risk-averse. Often they will prefer large contractors to small-business competitors because they think size equals dependability.

Federal Contract Law: Is procurement too reformed? Debates get sharp

Procurement policy is a matter of balance. Governments seek to achieve many goals when they enter into contracts: competition, efficiency, transparency, user satisfaction, accountability and wealth redistribution, to name some. The list goes on and on.

Federal Contract Law: Try these 7 steps to grief-free outsourcing

With competitive sourcing now a major goal of the administration, it's more important than ever that agencies get it right.

Federal Contract Law: Expert panel tackles the A-76 problem

Federal policy wonks are not without irony. Office of Management Budget Circular A-76 starts out by declaring that 'the government should not compete with its citizens.' It then proceeds to explain how to do just that.

FEDERAL CONTRACT LAW

'But in all contracts, if one party fails to perform his share of the compact, is not the other virtually absolved from his liability? Who is there who will not answer in the affirmative?' 'Herman Melville in Typee, 1846

Federal Contract Law: GAO plans protest rule revisions'it's about time

The General Accounting Office has announced its intention to revise the rules on bid protests. GAO, which has been deciding protests for about 70 years, received statutory sanction back in 1984, with the Competition in Contracting Act.

FEDERAL CONTRACT LAW

To find out what was new in the world of government procurement theory, I called that noted scholar of acquisition systems, Prof. Donnerkopf.

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