Tuesday, May 31, 2011

U.S. Postal Service Audit Reveals Errors in Contract Management System

Software-based contract management systems serve a critical role in the efficiency, accuracy, and analysis of the contracting processes. However, a system that is poorly designed or unfamiliar to its users can introduce unreliable data, jeopardizing the system's usefulness - to say nothing of any decision-making that relies on its accuracy.

Numerous Errors: The U.S. Postal Service recently underwent an audit by its Office of Inspector General, which found pervasive errors throughout its primary contract management software. The audit focused on the Contract Authoring and Management System (CAMS), which holds nearly three quarters of USPS contracting actions. Of the 139 contracting actions the audit examined for accuracy across nine "critical" data elements, all but two contained at least one error - and 60% had three or more errors.

Risks of an Off-The-Shelf System: The audit found that as an off-the-shelf system CAMS "is not specifically tailored to the Postal Service?s contracting practices." Of the errors identified in the audit, 73% were due to "system design limitations" and the remainder were employee errors (many caused by inadequate CAMS documentation and training). The primary corrective measures mentioned in the audit focused around customizing the system to fit USPS contracting practices, providing more consistent employee training, and developing processes and policies for how data is entered into the system.

Practical Tips: Software contract management systems are an important tool, but like any other tool they require proper use:
  • Fit the System: Make sure the contract management system conforms to agency contracting policies and procedures. Often, systems will require some customization to make them work effectively with unique requirements or processes.
  • Develop Policies to Ensure Accuracy: It's not enough to have a system in place - to maintain accurate and complete data, there must be clear roles and responsibilities for entering, validating, and reviewing data.
  • Employee Training: All employees who will be using the system should receive training on its proper use.
Mike Purdy's Public Contracting Blog 
� 2011 by Michael E. Purdy Associates, LLC 
http://PublicContracting.blogspot.com

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Hello? Is this thing on?

If you can read this, then you’re now connected to the new TwisterMc.com. Lots of things have changed in the past week and I’m excited for them all. From here on in, it’s all about simplification. More details to follow, … Continue reading

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Monday, May 30, 2011

Apr 27, Bath Tub Faucets Reviewed

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Congress Acts, Ends HUBZone Priority

By: Edward T. DeLisle

On September 23, 2010, we wrote an article regarding the current status of the HUBZone priority fight between the GAO, the Court of Federal Claims and a number of federal agencies. That article followed another that we wrote on this issue on August 27, 2010. In a series of cases, the GAO and the Court of Federal Claims took the position that contracting officers were required to consider set-aside contracts for HUBZone entities, prior to considering set-asides for any other small or small, disadvantaged companies. In reaching this conclusion, the GAO and the Court of Federal Claims focused on the enabling legislation for the HUBZone program, which stated:

Notwithstanding any other provision of law…a contract opportunity shall be awarded pursuant to this section on the basis of competition restricted to qualified HUBZone small business concerns if the contracting officer has a reasonable expectation that not less than 2 qualified HUBZone small business concerns will submit offers and that the award can be made at a fair market price.

Based upon this language, the GAO and the Court of Federal Claims took the position that contracting officers did not have any discretion in deciding whether to set-aside a contract for HUBZone entities. They had to do so, unless they could show that there were not at least two qualified HUBZone companies that would submit offers at a reasonable price. That has all changed.

On September 27, 2010, President Obama signed the 2010 Small Business Jobs Act. As part of the Act, the language of the HUBZone statute was changed. The legislation now states that “a contract opportunity may be awarded pursuant to this section”, eliminating the mandatory nature of the original version. Based upon this simple change, the HUBZone program has been placed on equal footing with all other small and small, disadvantaged business programs, including, but not limited to, those relating to Service-Disabled, Veteran Owned Small Businesses and 8(a) companies.

As we stated in our last article, it was not likely that Congress intended to establish a priority for HUBZone companies. The problem was borne out of sloppy drafting. That drafting problem has now been corrected. It will be interesting to see how this change impacts the HUBZone program in the months to come.

Edward T. DeLisle is a Partner in the firm and a member of the Federal Contracting Practice Group.

Source: http://feeds.lexblog.com/~r/FederalConstructionContractingBlog/~3/NhKtOlCfrrI/

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Apr 27, Two-Handle Roman Tub Faucet

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