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Homeland Security Contracting

Homeland Security Contracting. Jack Friery NCMA Vandenberg AFB Chapter. Outline. Homeland Security & Counterterrorism—new procurement rules Contracting experiences Predictions for the future & recommendations. DHS Bill (HR 5710). Other transactions (five year pilot program)

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Homeland Security Contracting

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  1. Homeland Security Contracting Jack Friery NCMA Vandenberg AFB Chapter Jack Friery

  2. Outline • Homeland Security & Counterterrorism—new procurement rules • Contracting experiences • Predictions for the future & recommendations Jack Friery

  3. DHS Bill (HR 5710) • Other transactions (five year pilot program) • Personal services OK • Micro-purchases <$7500 • SAP <$200k ($300k overseas) • SAP for commercial <$7.5m (liberal definition of “commercial”) • Liability limits for contractors Jack Friery

  4. FAR Changes 1/27/03 • Antiterrorism or NBC procurements: • Micro-purchases <$7500 • SAP <$200k ($300k overseas) • SAP for commercial <$7.5m (liberal definition of “commercial”) Jack Friery

  5. Friery’s Homeland Security Contracting Experiences • TSA: FAR not applicable • Phase I: USG issued a Request for White Papers rather than RFP • Required proposal for Proof of Concept <10 pages • Evaluated tech, PP, best value • Very fast turnaround Jack Friery

  6. Phase II RFP • No “best efforts” language despite a cost-sharing R&D contract • U.S. Government wanted commercial source code delivered • U.S. Government requested all IP become “Government property”/GPLR Jack Friery

  7. Phase II RPF (con’t) • Contractor indemnifies Government • Indemnity of contractor not on table (U.S. Government suggested no contractor liability because USG was operating the system) Jack Friery

  8. T’s & C’s: the Result • Best efforts language added to SOW • Added U.S. Government indemnity of contractor for U.S. Government acts • Capped contractor indemnity of U.S. Government to amount of Government payment • Bilateral T for C right Jack Friery

  9. T’s & C’s: IP Rights • Deleted IP as “Government property” • Standard AMS (FAR) IP clauses added • All data “developed” under k would be delivered • Agreed to negotiate license for background data Jack Friery

  10. Phase II Contracts • Government directed two contractors to team to deliver prototype • Selected “best” features of each tech approach • Directed “joint proposal”--prime/sub relationship • Twelve day turnaround for proposal • Today? Jack Friery

  11. Prognosis for Homeland Security • To date • Money slow to come • New regs slow to come • DHS slow to start • Future? • Effect of relaxed procurement rules Jack Friery

  12. Dilbert Jack Friery

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