Recovery Act Conference on March 5, 2009
On March 5, 2009 GSA hosted an American Recovery and Reinvestment Act Conference at the Hyatt Regency Crystal City in Arlington, VA. Brad led the session on "Engineering, Professional, Technical and Business Consulting." The attached audio is from the third of four identical sessions given that day. Unfortunately, the two panel members (Jackie and Mike) were quite a ways from the digital recorder so a little audio manipulation in Audacity was required to equalize the volume levels. That's why it might sound a little strange in places. Also available here is the presentation that goes with the audio.
Recovery Act Presentation
Played: 1782 | Download | Duration: 00:51:56
Recovery Act Presentation


Brad -
This looks like good information as of the March 5, 2009 date it was presented.
Will you be updating it to reflect...
1. On March 31, 2009 the FAR was revised in FAC 2005-32 to include the clauses and procedural requirements related to the Recovery Act. When you gave the presentation, all of that was only proposed language.
2. On April 3, 2009 OMB issued M-09-15 "Updated Implementing Guidance for the American Recovery and Reinvestment Act of 2009." This memo revised the earlier 2/18/09 OMB Memo M-09-10 referenced in the slides.
3. On April 9, 2009 the GSA Acting Chief Acquisition Officer issued GSA Acquisition Letter V-09-01 "American Recovery & Reinvestment Act Implementation."
In your Recovery Act update, could you please address (and cite references for):
a. Does the requirement to post Recovery Act Schedule procurements to FedBizOpps also extend to the Request for Information (RFI) to Schedule contractors an agency would previously post only on GSA eBuy?
b. Slide #4 mentions only pre-solicitation notices. None of the slides specifically mentions award notices. Do you have any slides with respect to posting notice after award for Recovery Act Schedule orders?
c. FAR Part 6 does not apply to Schedule orders. During the presentation you speculated on whether or not Recovery Act Schedule orders with a FAR 8.405-6 limited sources justification would be considered "non-competitive" for the purpose of the posting requirements. How has this been resolved?
d. Slide #5 lists six Schedules covered in the presentation. As of the date I am writing this comment (4/20/09) none of those six Schedules include the Recovery Act clauses from FAC 2005-32. Should agencies now be adding those new clauses to their Recovery Act orders (or BPAs)? At what point (event) should agencies stop adding the FAC 2005-32 clauses?
e. Is a Labor Hour or Time & Material order against a Schedule considered "fixed price" for the purpose of the Recovery Act notice requirements?
Thanks,
Dave
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