Please join Jennifer Schaus & Associates every Wednesday in 2022 for a complimentary webinar series. See the full recording on our YouTube Channel https://www.youtube.com/channel/UCYvCaZcAvSYYEAZCqj2CQ9g and full schedule on our website: https://www.jenniferschaus.com/far-supplements
For more information about our federal contracting services please contact us at hello@jenniferschaus.com
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2. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
About Our Newsletters & Webinars
WEBINARS – over 500+ on our YouTube channel and website
Sponsorship options available
NEWSLETTER reaches 23k+ - mostly federal contractors
Advertising options available
hello@jenniferschaus.com
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3. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
About Us
Washington DC Based
Professional Services / Consulting for established US Federal Govt
Contractors
Market Analysis to Proposal Writing & Contract Administration
GSA Schedules & other contract vehicles
A la carte or customized training
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4. Federal Government Contractors
IN-PERSON NETWORKING EVENT
The John F Kennedy Center – Terrace Level – KC Café
MONDAY, MARCH 28th, 5.30pm – 7.30pm
SPONSORSHIPS AVAILABLE
https://govconmarch2022.eventbrite.com
5. What Federal
Contractors Need
To Know About
COVID Mandates
Complimentary Webinar
THURSDAY, March 17, 2022
12pm EST
REGISTER:
https://register.gotowebinar.com/register/412014
8666827260683
6. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
About The FAR SUPPLEMENTS Webinar Series - 2022
Complimentary
Recorded (YouTube & JS Website)
Wednesdays 12pm eastern
Federal Acquisition Regulations covering Department procurement rules
Speakers are SME and Govt Contracts Attorneys
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7. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
Webinar Wednesday - Schedule At A Glance
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H E L L O @ J E N N I F E R S C H AU S . C O M
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1/12/22 – FAR
1/19/22 – FAR CAS
1/26/22 – DOD
2/2/22 – DPGI
2/9/22 – ARMY
2/16/22 – AIR FORCE
2/23/22 – DISA
3/2/22 – DLA
3/9/22 – USMC
3/16/22 - SPECIAL OPS
3/23/22 -TRANS COMMAND
3/30/22 – AGRICULTURE
4/6/22 – AIDAR
4/13/22 – DOC
4/20/22 – DOE
4/27/22 – DOI
5/4/22 – DOL
5/11/22 – DOS
5/18/22 – DOT (Treasury)
5/25/22 – DOEd
6/1/22 – EPA
6/8/22 – FEHB
6/15/22 – GSA
6/22/22 – HHS
6/29/22 – DHS
7/6/22 – HUD
7/13/22 – BBG
7/20/22 – DOJ
7/27/22 – OPM
8/3/22 – NASA
8/10/22 – NRC
8/17/22 – DOT
(Transportation)
8/24/22 – VA
8. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
FRIDAY PLAYBOOKS - Schedule At A Glance
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H E L L O @ J E N N I F E R S C H AU S . C O M
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1/12/22 – N/A
1/19/22 – N/A
1/28/22 – DOD
2/2/22 – N/A
2/11/22 – ARMY
2/18/22 – AIR FORCE
2/25/22 – DISA
3/4/22 – DLA
3/11/22 – USMC-NAVY
3/18/22 - SPECIAL OPS
3/25/22 -TRANS COMMAND
4/1/22 – AGRICULTURE
4/8/22 – AIDAR
4/15/22 – DOC
4/22/22 – DOE
4/29/22 – DOI
5/6/22 – DOL
5/13/22 – DOS
5/20/22 – DOT (Treasury)
5/27/22 – DOEd
6/3/22 – EPA
6/10/22 – FEHB
6/17/22 – GSA
6/24/22 – HHS
7/1/22 – DHS
7/8/22 – HUD
7/15/22 – BBG
7/22/22 – DOJ
7/29/22 – OPM
8/5/22 – NASA
8/12/22 – NRC
8/19/22 – DOT
(Transportation)
8/26/22 – VA
9. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
Thank You To Our Sponsors:
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10. Full training calendar: virginiaptac.org & useful links
Register for free counseling: https://virginiaptac.org/services/counseling/
Your “one stop” shop for Government Contracting assistance
Reach us at ptac@gmu.edu or 703-277-7750
THIS PROCUREMENT TECHNICAL ASSISTANCE CENTER IS FUNDED IN PART THROUGH A COOPERATIVE AGREEMENT WITH THE DEFENSE LOGISTICS AGENCY.
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12. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
Date: Wednesday, February 23, 2022
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13. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
DEFENSE INFORMATION SYSTEMS AGENCY
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14. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
SPEAKER
INSERT YOUR
LOGO HERE
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
MEET OUR SPEAKER
David Dempsey
Dempsey Law, PLLC
dbd@dempslawfirm.com
703-880-9171 (o)
571-213-7518 (c)
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15. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
AGENDA
Background / History
DoD Department and Agencies are DISA’s customers
Market – DISA’s budget (appropriated funds / Defense Working Capital Fund
(DWCF))
the dollars DISA spends for supplies, services, R&D
DISA vehicles and data for prime contracting and subcontracting
Regulations – FAR and DFARS
DARS (DISA Acquisition Regulation Supplement)
DISA Circulars
DISA Instructions
Acquisition Vehicles – OTAs
CSOs
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16. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Background / History
► Began as the Defense Communications Agency in 1960 and became “DISA” in 1991
■ DISA mission: “to engineer and provide command and control capabilities and enterprise
infrastructure to continuously operate and assure a global net-centric enterprise in
direct support to joint warfighters”
■ DISA and JFH/DODIN – 2 “synchronized” entities
■ Not a listed member of the Intelligence Community but headquartered at Ft. Meade, MD
▪ Majority of DISA personnel located at Ft. Meade and the NCR
▪ Remaining personnel in 25 States and D.C. plus other nations and Guam
▪ Also embedded in 10 Combatant Commands (e.g., DISA CENTCOM,
DISA AFRICOM, DISA SOUTHCOM, DISA SOCOM)
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17. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Background / History (cont.)
https://disa.mil/About/Fact-Sheets
This link identifies and briefly describes 34 programs that constitute a DISA objective.
For example:
“Assured Identity,” (establishing and continuously validating a digital identity)
“Cloud Based Internet Isolation,” (transfers Internet browsing sessions from desktop browsers
to a secure and isolated cloud-platform)
“Defense Enterprise Identity, Credential and Access Management,” (secure environment for
secure access across all authorized resource per mission need)
“Defense Red Switch Network,” (high-quality secure voice and conferencing)
“Secure Cloud Computing Architecture” (enterprise-level cloud security and management
services)
“Thunderdome” (zero trust objective)
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18. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Background / History (cont.)
The DODIN (DOD Information Network) is DOD’s classified and unclassified complex federation of thousands of
networks, information technology equipment, tools and applications, weapon system technologies and data. This
includes mobile devices, Internet access points and connections with nonmilitary entities, platform information
technology, programs of record, industrial control systems / supervisory control and data acquisition, and the
cloud environment. The DODIN is composed of service, agency and combatant command constructed networks
and encompasses the enterprise, and the base, post, camp and station levels. The Defense Information Systems
Network (DISN), is managed by DISA, serves as the DODIN backbone.
NiPRNet (Non-secure Internet Protocol Router Network)
SiPRNet (Secret Internet Protocol Router Network)
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19. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Market
■ DITCO is the acquisition arm for DISA (e.g., Army, Navy, Air Force, DLA, DECA, DSCA, DCSA)
https://disa.mil/-/media/Files/DISA/News/Events/DISADODProcurementForecast.ashx (2021)
▪ FY 22 Appropriations Act: $2.57 billion in Senate-approved Appropriations for DISA
▪ Defense Working Capital Fund revenues (FY 2021 budget estimate of $7.4 billion DWCF
sources)
• see DOD 7000.14-R (DOD FMR) and DISAI 600-30-04 (DWCF for DISA)
DISA operates the Information Services Activity Group within the Defense-Wide
Working
Capital Fund (DWWCF), which consists of three business areas: (1) Computing
Services,
(2) Telecommunications Services, and (3)Enterprise Acquisition Services
E.g., Computing Services: Operates 10 core data centers (6 CONUS; 4
OCONUS); 20 mainframes; 16,600 servers; 79,000 terabytes of storage
▪ DISA/DITCO contracting fee for services is 2.25% (labor and G&A)
► Total of approximately $9.9 billion available for DISA in FY 2021 – 75% DWCF / 25% appropriations
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20. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
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6 digit NAICS Code (Description) Total Actions % Total Actions Total Dollars % Total Dollars
541519 (OTHER COMPUTER RELATED SERVICES) 4,184 7.4267% $2,291,651,592.40 29.8589%
517110 (WIRED TELECOMMUNICATIONS CARRIERS) 35,317 62.6888% $1,827,264,469.82 23.8082%
541512 (COMPUTER SYSTEMS DESIGN SERVICES) 1,374 2.4389% $973,674,873.25 12.6864%
517410 (SATELLITE TELECOMMUNICATIONS) 5,585 9.9136% $603,574,249.92 7.8642%
511210 (SOFTWARE PUBLISHERS) 375 0.6656% $533,330,262.27 6.9490%
334111 (ELECTRONIC COMPUTER MANUFACTURING) 420 0.7455% $333,178,789.01 4.3411%
541511 (CUSTOM COMPUTER PROGRAMMING SERVICES) 338 0.6000% $296,858,964.28 3.8679%
541330 (ENGINEERING SERVICES) 785 1.3934% $194,556,420.50 2.5350%
517311 (WIRED TELECOMMUNICATIONS CARRIERS) 4,014 7.1250% $177,248,407.41 2.3094%
541712 (RESEARCH AND DEVELOPMENT IN THE PHYSICAL,
ENGINEERING, AND LIFE SCIENCES (EXCEPT BIOTECHNOLOGY))
132 0.2343% $84,102,558.50 1.0958%
21. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Market (cont.)
OCTOBER 29, 2021 SMALL BUSINESS DATA
DISA FY 22 Small Business Goals DISA FY 21 Performance Dollars
SB = 28% SB = 27.16% $1.6 B
SDB = 5% SDB = 13.54% $804 M
WOSB = 5% WOSB = 9.44% $561 M
SDVOSB = 5% SDVOSB = 4.78% $284 M
HUBZone SB = 1.5% HUBZone SB =3.58% $213 M
FY 21 SB: $1,614,505,551 27.17%
FY 20 SB: $1,737,892,234 23.38%
FY 19 SB: $1,874,876,940 29.37%
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22. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Market (cont.)
DISA “Forecasts” identify: Requiring Agency/MILDEP (e.g., DISA, US Space Force, USA, USAF, USN)
Contracting Office (DITCO at Scott AFB or DITCO NCR)
Description of Requirements / NAICS CODE
Incumbent contractor or TBD
Anticipated facility clearance (e.g., Secret, Top Secret, None)
See next slide …
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23. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Market (cont.)
https://disa.mil/-/media/Files/DISA/ News/Events/ DISADODProcurementForecast.ashx
This links shows 437 opportunities “forecasted” and the security level required for a given opportunity
Security level requirements:
48 None (11%)
291 Secret (66%)
98 Top Secret (22%)
https://www.disa.mil/-/media/Files/DISA/News/Events/Forecast-to-Industry---2021/Acquisition-Opportunities-
FY22-1QTR.ashx
This links shows 264 opportunities “forecasted” and the security level required for a given opportunity
Security level requirements:
33 None (12%)
177 Secret (67%)
54 Top Secret (20%)
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24. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Market (cont.)
DISA PREMIER CONTRACTS (Feb. 2020)
Global Solutions Management – Operations (GSM-O II)
• BLUF: GSM-O II is designed to provide a full global operations and sustainment solution that
is needed to support the Department of Defense (DoD) Information Network/ Defense
Information System Network (DODIN/DISN), under the direction of the DISA’s Infrastructure
Executive for DoD, non-DoD and the Intelligence Community
• Supports: DISA, DoD, and non-DoD mission partners • Ordering Period: ‘20-’30
• Ceiling Value: $6.52B • Negotiated task orders under single award IDIQ • All variations of
fixed price and cost-type contracts • One large business awardee
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25. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Market (cont.)
DISA PREMIER CONTRACTS (Feb. 2020)
ENCORE III
BLUF: ENCORE III provides to DOD and non-DOD agencies the full spectrum of IT services
encompassing a wide-range of services to implement, operate, maintain/sustain, incrementally develop,
and ultimately retire IT capabilities. Encore has been DISA’s primary vehicle for buying a wide range of
IT services. It has 19 performance areas such as enterprise IT planning and policy, business process re-
engineering, network support, and cloud professional services. The contract has a five-year base and
five one-year options.
Supports: DISA, DoD, Federal Agencies, and the Intelligence Community • Ordering Period: Full &
Open: ‘18-’28 | SB: ‘19-’29 • Ceiling Value: $17.5B • Task orders may utilize LPTA or trade-off
approaches • All variations of fixed price and cost-type contracts • Full & Open and Small Business
Suites: 20 awardees in each suite (Most Prime Awardees in both suites have a Top Secret FCL)
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26. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Market (cont.)
DISA PREMIER CONTRACTS (Feb. 2020)
DITCO Systems Engineering, Technology and Innovation SETI
• BLUF: SETI was designed for the development of innovative solutions to new, unique, or complex problems in
the IT mission areas; in addition to being able to engineer solutions to existing complex capability gaps in the IT
service portfolio.
• Supports: DISA and DoD Mission Partners • Ordering Period: F&O: ‘19-’29 | SB: ‘20-’30 • Ceiling Value: $7.5B
• Task orders may utilize LPTA or trade-off approaches • All variations of fixed price and cost-type contracts, plus
T&M and labor hour • Full & Open and Small Business Suites • 25 SB awardees •15 F&O awardees (All Prime
Awardees in both suites have a minimum SECRET FCL)
See generally https://www.disa.mil/-/media/Files/DISA/About/DISA-Premier-Contracts. ashx?la=en&hash=
48F7DE2A4A968C9DC7966B24A3D3F118861AD0C8
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27. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Market (cont.)
Other DISA/DITCO Contract Vehicles
♦Adobe JELA II ♦Cisco JELA III ♦DISN Transmission Services-Pacific (DTS-P II) ♦Global Network Services
(GNS)
♦Workstation BPAIII (HP BPA) ♦Microsoft Enterprise Technical Support Services-II (METSS-II) ♦Microsoft JELA III
♦Morale, Welfare, and Recreation Internet Café Program (MWR ICP) ♦Palo Alto Enterprise Agreement (EA)
♦Test, Evaluation, and Certification (TEC) Services
♦GSA 8(a) STARS III ♦GSA MAS Schedules ♦NITAAC NIH CIO SP3 and CIO SP3 SB ♦GSA OASIS and OASIS
SB
♦GSA EIS ♦NASA SEWP ♦GSA VETS II
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28. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Regulations
FAR – Federal Acquisition Regulation
DFARS / PGI – Defense Federal Acquisition Regulation Supplement / Procedures, Guidance and
Information
DARS – DISA Acquisition Regulation Supplement
3 layers of regulation: “This is a best value trade off source selection conducted in accordance with
Federal Acquisition Regulation (FAR) 15.3, Source Selection, as supplemented by the Defense
Federal Acquisition Regulation Supplement (DFARS), and the DISA Acquisition Regulation Supplement
(DARS). These regulations are available electronically at
http://www.ditco.disa.mil/hq/aqinfo.asp, ≠
https://www.acquisition.gov/browse/index/far, and https://www.acq.osd.mil/dpap*/dars/dfarspgi/current/.”
≠ https://www.acquisition.gov/dars/appendix-list-disa-acquisition-deskbooks-templates-samples-and-guides
* Defense Pricing and Contracting or “DPC”
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29. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Regulations (cont.)
The DARS has supplemented the FAR and DFARS except for:
Part 14 – Sealed Bidding Part 38 – Federal Supply Schedule
Contracting
Part 18 – Emergency Acquisitions Part 36 – Construction and A-E
Contracting
Part 23 – Environment, Conservation, etc. Part 41 – Acquisition of Utility Services
Part 25 – Foreign Acquisitions Part 44 – Subcontracting Policies and Procedures
Part 26 – Other Socioeconomic Programs Part 46 – Quality Assurance
Part 30 – CAS Part 47 – Transportation
Part 31 – Cost Principles Part 51 – Use of Government Sources
by Contractors
Part 35 – R&D Contracting Part 52 – Solicitation Provisions and
Contract Clauses
Part 53 - Forms
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30. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Regulations (cont.)
Note: Part 10 – Market Research (“(b) All Sources Sought Notices (SSN) and Requests for
Information (RFI) for acquisitions with an estimated value exceeding $5M, with the exception of the Sole
Source Notice of Intent, shall be forwarded to the DISA Office of Small Business Programs (OSBP)
for review to ensure, for example, potential sources are not requested to submit more than the
minimum information necessary. OSBP has 5 business days to complete the review.”)
DARS 10.001(b)
Part 27 – Patents, Data and Copyright contains guidance on trademark rights
(“However, in certain cases, it may be in the Government’s best interest for DISA to own a
trademark or service mark first created under a contract. For example, Government
ownership may be desired for a mark that is to be used exclusively in connection with
a government-controlled service that the contractor manages for DISA.”)
DARS 27.9001
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31. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Regulations (cont.)
https://www.disa.mil/About/DISA-Issuances/Instructions
Link contains references to 57 “DISAIs” dated between October 28, 2005 (“Program Fraud Civil Remedies Act”)
and October 27, 2020 (“Reasonable Accommodation for Civilian Personnel”)
Contract or Procurement-related Instructions: • ADR
• Review and release of information to the public (do not release
classified or “sensitive unclassified” information”) i.e.,
“Controlled Unclassified Information” or CUI
• Program Protection
• Life Cycle Sustainment and Planning
• Systems Engineering
• Compliance for IT Acquisition
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32. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
DEFENSE INFORMATION SYSTEMS AGENCY
Regulations (cont.)
https://disa.mil/en/About/DISA-Issuances/Circulars
Link contains references to 9 Circulars dated between April 21, 2012 and March 17, 2017
None of the Circulars appear contract or procurement-related.
♦ For purposes of proposal development or proposal Q&A, it may be beneficial to review this list for
relevance to a specific proposal effort. E.g.
• Electromagnetic (EM) Spectrum Management and Use (are you pursuing a contract related to
DISA’s EM programs)
• Methods and Procedures Global Information Grid (GIG) Technical Control (are you pursuing a
contract related to DISA’s DOD GIG programs)
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DEFENSE INFORMATION SYSTEMS AGENCY
Regulations (cont.)
DARS 15.300(S-90) “Procedures, guidance, and templates for this section are located at the DISA Procurement -
Contracting Procedures, Guides and Templates webpage. Past performance guidance can be found in the OSD
Guide to Collection and Use of Past Performance Information (v.3)(May 2003). Source selection guidance can
be found in the DoD Source Selection Procedures (v.3)(May 2016). [at
https://www.acq.osd.mil/dpap/policy/policyvault/USA004370-14-DPAP.pdf.] and DISA Source Selection
Procedures.”
Other guidance: (1) “Proactively Tailored Acquisition Models and Processes to Guide DISA's Acquisition of IT
Products and Services” (v.1)(1 November 2013)” and (2) “DISA Terms and Conditions Applicable to all Service
Level Agreements” (Nov. 2018, Version FY 19.0)(“The Terms and Conditions (T&C) constitutes the policies, roles,
and responsibilities [DISA’s] overarching agreement with all Department of Defense (DoD) Service and Agency
mission partners for whom DISA provides Computing services; Enterprise Application and Identity and Access
Management (IdAM) services; Cyber Compliance and Cybersecurity services; and the Global Content Delivery
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DEFENSE INFORMATION SYSTEMS AGENCY
Acquisition Vehicles
Other Transaction Authority
OTs are agreements that by statute are not subject to FAR and DFARS requirements. Put another way,
FAR/DFARS mandated statutes and regulations, such as CAS compliance and intellectual property rights
constraints are not applicable. DOD has flexibility to negotiate terms that are consistent with commercial business
practices.
Two types of OTs: (1) for basic, applied, and advanced research projects at 10 U.S.C. §2371
(2) for basic, applied, and advanced research projects at 10 U.S.C. §2371(b)
Conditions for Use:
● at least one non-traditional defense contractor or nonprofit research institution participating to a significant
extent
● all significant participants other than the Government are small businesses or non-traditional defense
contractors.
● at least one-third of the total cost of the prototype project is funded by non-federal sources
● exceptional circumstances justify the use of such a transaction
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DEFENSE INFORMATION SYSTEMS AGENCY
Acquisition Vehicles (cont.)
Commercial Solution Opening (CSO)
DFARS Subpart 212.2 – Special Requirements for the Acquisition of Commercial Items: This class
deviation allows the contracting officer to acquire innovative commercial items, technologies, services or R&D
using the competitive procedure outlined in the class deviation designated a “commercial solutions opening” or
“CSO.” Under a CSO, DoD may competitively select proposals received in response to a general solicitation,
similar to a broad agency announcement, based on a review of proposals by scientific, technological, or other
subject matter experts.
CSO authority extended indefinitely by Defense Pricing & Contracting on February 4, 2022
(see https://www.acq.osd.mil/dpap/policy/policyvault/USA000138-22-DPC.pdf)
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Acquisition Vehicles (cont.)
What is the difference between a Commercial Solutions Opening (CSO) and an Other Transaction Agreement
(OTA)?
An Other Transaction Authority (OTA) is a “legally binding procurement agreement” between government and
industry authorized for scientific research, technology development, and prototype projects. By contrast,
Commercial Solutions Openings (CSOs) is a “solicitation method” that can be either non-FAR or FAR-based.
Useful background source: DIUx Commercial Solutions Opening, How-to Guide 9 1.0)(November 30, 2016)
https://acqnotes.com/wp-content/uploads/2018/11/DIUx-Commercial-Solutions-Opening-CSO-Guide-30-Nov-
2016.pdf
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37. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
SPEAKER
INSERT YOUR
LOGO HERE
2022 – FAR DEPARTMENT SUPPLEMENT – DARS – DISA
THANK YOU TO OUR SPEAKER
David Dempsey
Dempsey Law, PLLC
dbd@dempslawfirm.com
703-880-9171
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38. THANK YOU FOR ATTENDING!
FAR SUPPLEMENTS
FEDERAL ACQUISITION
REGULATIONS
-------------------
PLEA SE FIN D TH E R EC OR D IN G
ON OU R W EB SITE A N D YOU TU B E C H A N N EL.
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