Update to the 31 August notice below:

As of September 21, 2012: The President signed a Major Disaster Declaration for Alabama (DR-4082) in support of Hurricane Isaac on September 21, 2012. This relief is for the specified counties in Alabama as noted in the declaration. The effective date for this declaration is August 26, 2012 through September 5, 2012.

Tropical Storm/Hurricane Isaac - Emergency and Major Disaster Declarations

1.  The President signed an Emergency Declaration for Louisiana (EM-3347) in support of Tropical Storm Isaac relief on August 27, 2012 and subsequently signed a Major Disaster Declaration for Louisiana in support of Hurricane Isaac relief on August 29, 2012 (DR-4080). The President signed an Emergency Declaration for Mississippi (EM-3348) in support of Tropical Storm Isaac relief on August 28, 2012 and signed a Major Disaster Declaration for Mississippi (DR-4081) in support of Hurricane Isaac relief on August 29, 2012. This relief is for specified counties in Louisiana and Mississippi as noted in those declarations. The effective date for all declarations is August 26, 2012.

2.  A Contingency Operation has not been declared, therefore, there are no changes to procurement thresholds. FAR 18.203 and DFARS 218.203 do provide for Emergency Acquisition Flexibilities which are restricted to the specified counties listed in the emergency and major disaster declarations stated above.

3.  The General Services Administration has created a National Interest Action (NIA) code in Federal Procurement Data System for Hurricane Isaac.

Code : H12I
Short Description: ISAAC2012
Description: Hurricane Isaac 2012

Start date: 08/30/2012
End Date: 12/28/2012

5. The Government Purchase Card (GPC) is the preferred method of payment for micro-purchases ($3000 and below) and every effort should be made to use the GPC before using convenience checks. The limit on convenience checks remains at $3000. Additional guidance for the use of the purchase card may be found in Appendix B of the DoD Charge Card Guidebook found at

http://www.acq.osd.mil/dpap/pdi/pc/docs/dod_charge_card_guide_
20080819.doc

WARN Act

Public and private sector entities have raised questions about whether the Worker Adjustment and Retraining Notification (WARN) Act requires Department of Defense (DoD) contractors to provide WARN Act notices to employees because of concerns that their contracts may be terminated or reduced in the event of a sequester on January 2, 2013. In order to provide guidance to those potentially affected by a sequester order, the Department of Labor (DoL) has issued the attached guidance to State workforce agencies. DoL is the Federal agency responsible for implementing the WARN Act.

The DoL guidance concludes that Federal contractors – including DoD contractors--are not required to provide WARN Act notices 60 days before January 2, 2013, in anticipation of a potential sequestration order that could be issued on that date. The DoL guidance further explains that to provide such notices would be inconsistent with the purposes of the WARN Act.

If you have additional questions about the application of the WARN Act to the prospect of sequestration, please consult the DoL guidance, the DoL website, your State workforce agencies, and your own legal advisers.

The DoL website is:  http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6487

The attachment is:  Guidance to State workforce agencies

2012 "Sharon R. Parish 'People Always' Leadership Award"

The winner of the 2012 "Sharon R. Parish 'People Always' Leadership Award" was announced at the DoD Contracting Senior Leader Meeting held in June. This year's recipient is Mrs. Michelle "Mickie" Cranford.

As the Chief of the Resource Management Division at the Warner Robins Air Logistics Center, Mrs. Cranford led the revitalization of her Directorate by selecting and indoctrinating a group of 74 new contracting trainees, equal to one-fifth of the workforce. Her work to ensure that these "youngsters" developed at a rapid pace positioned her as a mentor of mature and new contracting personnel alike. In addition, her efforts to establish a partnership with the Macon State University - the first of its kind - and to deploy and execute a 3 month intensive training course, called "Jump Start", illustrate her commitment to developing leaders to take on any challenge.

Mrs. Cranford's many contributions to the DoD acquisition and contracting community exemplify that she shares Sharon Parish's vision of "Mission First, People Always." Congratulations to Mrs. Cranford on winning the 2012 Sharon R. Parish "People Always" Leadership Award.

The "Sharon R. Parish 'People Always' Leadership Award" was established in 2011 to honor Sharon Parish, who was tragically killed in an automobile accident, and to encourage and promote the leadership qualities she exemplified.

President Obama Nominates Mr. Ginman to Chair GAT Board

The White House has announced the nomination of Mr. Richard Ginman to serve as Chair of the Government Accountability and Transparency (GAT) Board. The GAT Board, established in 2011, has a mission to “provide strategic direction for enhancing the transparency of Federal spending and advance efforts to detect and remediate fraud, waste, and abuse in Federal programs.” Mr. Ginman, Director, Defense Procurement and Acquisition Policy (DPAP), has been supporting the GAT Board since its inception. Along with his new role as Board Chair, he will concurrently retain his responsibilities as Director, DPAP.

Mr. Ginman has held the Director position with DPAP since June 2011. Previously, he served as Principal Deputy Director, DPAP, from 2008 to 2011 and as Deputy Director of four DPAP directorates prior to that. He has also served in the commercial sector as Vice President of Maritime Information Systems for General Dynamics Advanced Information Systems. Mr. Ginman began his career with the U.S. Navy, retiring as a Rear Admiral in 2000.

The GAT Board was established on June 13, 2011, when President Obama signed Executive Order 13576, “Delivering an Efficient, Effective, and Accountable Government.” The Board meets monthly to develop recommendations on increasing federal spending transparency. As chairman of the GAT Board, Mr. Ginman will, in consultation with the Director of OMB, provide periodic updates to the Vice President on the progress obtained under the Executive Order. More information on the GAT Board, including a link to the Board’s December 2011 report and recommendations to the President, is available at http://www.federaltransparency.gov/about/Pages/gatb.aspx. The GAT Board report includes recommendations on a framework for governmentwide accountability, the collection of data, and the standardization of award identifiers. In the coming months, the GAT Board expects to address related issues.

In announcing the July 5, 2012, nomination of Mr. Ginman and two other individuals appointed to key posts, President Obama stated “These fine public servants bring a depth of experience and tremendous dedication to their new roles. Our nation will be well served by these individuals, and I look forward to working with them in the months and years to come.”

Following formal coordination, an updated version of the DoD Government Charge Card Guidebook for Establishing and Managing Purchase, Travel, and Fuel Card Programs was released on 12/21/11. The new version is available at http://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html. The updates reflect policy changes, clarifications, and improved organization of the material.

The guide’s purpose is to help DoD officials establish and manage charge card programs. It provides an inventory of the processes, program management, personnel responsibilities, and special issues involved in the various card programs. Its goal is to streamline and consolidate processes common to the purchase, travel, and fuel card programs.

FPDS-NG “OEF” National Interest Action Value Established to Improve Contingency Contracting Transparency

To improve reporting accuracy and transparency for procurements related to the current declared contingency—Operation Enduring Freedom (OEF)—an “OEF” value has been added to the Federal Procurement Data System – Next Generation (FPDS-NG). The OEF value is now offered in the FPDS-NG “National Interest Action” (NIA) field drop-down menu.

When assessing OEF contracting activity in the past, DoD has relied on the FPDS-NG “place of performance,” where the field is identified as “Afghanistan.” The future data assessment process will be more comprehensive, since it will capture state-side contracts that support OEF as well as those with the place of performance in Afghanistan. Effective 1 Apr 2012, the Department is required to begin using the new OEF value to identify all procurement actions (awards and modifications) made in support of this contingency, both within and outside the United States. The NIA value will not automatically transfer from contract award to subsequent modifications, so it must be entered separately for each individual action.

Among other things, the improved transparency offered by the OEF NIA will assist the Department in monitoring and measuring competition in contingency contracting. Section 844(a) of the Fiscal Year 2012 National Defense Authorization Act calls for the Secretary of Defense (SECDEF) to establish contingency competition goals in support of OEF. The section also requires the SECDEF to develop processes for measuring and monitoring such competition. These goals and the OEF value are addressed in the 17 Feb 2012 memorandum titled “Contingency Competition Goals and Competition Reviews of Certain Omnibus Contracts,” issued by the Director, Defense Procurement and Acquisition Policy.

For more information about the OEF NIA value, contact FPDS Support at (703) 390-5360 or fpdssupport@gcefederal.com. The point of contact for the 17 Feb 2012 memorandum is Ms. Barbara Trujillo, barbara.trujillo@osd.mil or (571) 256-7010, Acting Deputy Director, Defense Procurement and Acquisition Policy (Contingency Contracting).

May 21-24, 2012, DoD Procurement Conference and Training Symposium

The 2012 Department of Defense (DoD) Procurement Conference and Training Symposium is scheduled for May 21-24, 2012 in Orlando, Florida. This invitation only annual event, jointly sponsored by the Director, Defense Procurement and Acquisition Policy (DPAP), the Director, Defense Pricing (DP), and the President, Defense Acquisition University, will provide approximately 1600 entry, journey, and senior level participants from DoD, industry, and the federal agencies with the opportunity to receive training in over 30 different contracting subject areas. Training at this year’s event will focus on the USD(AT&L) Better Buying Power initiatives, to include affordability and cost growth control, productivity and innovation, competition, negotiations, small business participation, and services acquisition. The event will kick-off at 1:00 p.m. on Monday, May 21. A combination of general sessions and course specific training sessions will be offered through Wednesday, May 23. Component-specific sessions and a Pricing session will be offered on Thursday, May 24.

Updates will be posted at www.dpapevents.com as they become available.

DPAP Continues CTIP Efforts with Mini-Cards for TCNs

Trafficking in persons (TIP) is a worldwide problem involving violations of basic human rights. The term is defined as the use of force, fraud, or coercion to compel a person to provide labor or services or commercial sex. In September 2010, DoD Instruction 2200.1, Combating Trafficking in Persons (CTIP), established a zero tolerance for TIP and called on DoD to communicate CTIP policy to DoD personnel and contractors.

DPAP has taken that call one step further with its release of wallet-sized CTIP “mini-cards” for third-country nationals (TCNs), who are often employed by contractors in contingency environments. The cards spell out workers’ rights and provide hotline information to report suspected violations. They have been translated into the seven languages most commonly used by TCNs in Iraq and Afghanistan: Pashtu, Malay, Urdu, Thai, Tagalog, Arabic, and Dari.

DPAP has shipped cards to the Senior Contracting Official – Afghanistan (SCO-A) and provided the Department of State with a batch in each translation. The translated cards are also available electronically at http://www.acq.osd.mil/dpap/pacc/cc/trafficking_in_persons.html.

The mini-cards are one of many actions DoD has taken to increase visibility and control of the TIP issue, including:

• Publication of “Fair Treatment for All Workers: Supporting U.S. Installations Abroad,” a brochure for contractors employing TCNs.
• Publication of CTIP material in the Defense Contingency Contracting Handbook and Contingency Contracting Officer’s Representative Handbook.
• Creation of a more robust, stand-alone CTIP Examination checklist used by Contracting Officer’s Representatives (CORs), Quality Assurance Representatives (QARs), and Government Technical Product Representatives (GTPRs) on contracts delegated to the Defense Contract Management Agency for administration.
• Presentation of a two-day CTIP workshop by the DoD CTIP Program Manager.
• Updated and expanded CTIP guidance for contracting officers, including planning guidance at 207.1(b)(20)(C)(10) of the DFARS PGI and updated guidance and references at 222.1703.

The http://ctip.defense.gov/ provides more information on CTIP, including links to online training, the national TIP Hotline, and upcoming events.

For more information about this news article, contact contingencycontracting@osd.mil.

Public Meeting on Open Source Software

The Department of Defense (DoD) hosted a public meeting to obtain input with regard to the risks associated with using Open Source Software.

Comments are posted here: http://www.acq.osd.mil/dpap/dars/open_source_software.html