Transparency into major system acquisitions by federal agencies could be a casualty of cuts to procurement regulations proposed by the agency council that coordinates how the government buys goods and services. Suggested deletions from the Federal Acquisition Regulation (FAR) will make executive branch agencies more vulnerable to financial and litigation risk when purchasing goods and services from the private sector[. . .].
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The overhaul would strip out key references to policies and procedures detailing the use of earned value management system (EVMS) requirements and integrated baseline reviews (IBR). EVMS and IBR are longstanding related management practices designed to keep major procurement programs in scope, on track, and within budget.
“These revisions seemingly shift critical oversight” to agencies, which can have differing guidance and rules supplementing the governmentwide FAR, PilieroMazza partner Sam Finnerty told Bloomberg Government. “These changes risk inconsistent application, weaker early-warning capabilities for cost and schedule overruns, and less transparency for industry and auditors alike.”
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“If these go final, or something similar, we will see a number of problems, protests, other lawsuits and actions, and likely some investigations and civil and criminal fraud cases come to light,” said Cy Alba, Finnerty’s colleague at PilieroMazza, in an email to BGOV.
“This will then cause the pendulum to swing back again where more regulations will be added to address the situations that occur (which by the way is why we have the FAR we have now).”
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Excerpt taken from the article “First Sections of Procurement Overhaul Proposal Reduce Clarity“ by Paul Murphy for Bloomberg Government. Visit this link to view the full the article (subscription required).
About Sam Finnerty
Sam is a trusted legal partner to government contractors, helping businesses secure, defend, and maximize federal contracting opportunities. With deep expertise in federal procurement, construction law, small business programs, and litigation, Sam provides strategic counsel to contractors navigating the complex world of government compliance and disputes. Read more here.
About Isaias “Cy” Alba, IV
Cy counsels clients in a broad range of government contracting matters before government agencies and federal courts, including overall regulatory compliance with numerous regulatory schemes, including FAR and DFARS requirements. He also represents companies of all sizes with compliant corporate structuring, mergers and acquisitions, and small business rules and regulations. Cy handles the prosecution and defense of small business size and status protests and appeals, as well as bid protests and claims and appeals before administrative agencies and federal courts. Read more here.
