Acquisition 360: A New Rule to Improve the Federal Acquisition Process
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have jointly issued a final rule that amends the Federal Acquisition Regulation (FAR). This rule, known as “Acquisition 360,” is designed to enhance the federal acquisition process through the use of voluntary feedback mechanisms.
What is Acquisition 360?
The Acquisition 360 initiative seeks to understand the experiences of contractors in the Federal marketplace. This understanding is pivotal for the Government to establish and sustain a robust, diverse, and resilient supplier base. This base is essential for federal agencies to leverage acquisition to meet the nation’s needs.
Previously, while individual agencies occasionally sought feedback from their contractors, there wasn’t a consistent, government-wide mechanism to gather and analyze this data. The Acquisition 360 rule addresses this gap by introducing a standardized tool for voluntary vendor feedback.
The Journey to the Final Rule
The journey began with a proposed rule published in the Federal Register on September 15, 2020. This rule aimed to promote the use of voluntary feedback mechanisms to continually refine the acquisition process. The mechanisms were primarily shaped through pilot programs in line with the Office of Federal Procurement Policy (OFPP) memorandum titled “Acquisition 360—Improving the Acquisition Process through Timely Feedback from External and Internal Stakeholders.” This memorandum led to the creation of the Acquisition 360 Survey tool, an online survey designed to gather industry feedback on pre-award and debriefing processes.
Key Takeaways from the Final Rule
- Support for the Rule: The rule has been well-received, with respondents appreciating the initiative and recognizing the value of promoting voluntary feedback.
- True 360-Degree Rollout: There’s a suggestion to enhance the “Acquisition 360” techniques by implementing a comprehensive 360-degree rollout, which would include questions identifying contract types and non-bidders.
- Mandatory Participation: Some respondents believe that the Acquisition 360 initiative should be made mandatory to ensure its success and achieve its objectives.
- Public Reporting: The rule has been critiqued for not publicly reporting the information gathered from evaluations, primarily due to concerns about unintentional release of personal or private information.
- Post-award Goals: The rule has been noted for not including post-award experiences or acquisition outcomes in the evaluation.
- Use of Other Mechanisms: The rule encourages the use of other feedback mechanisms, such as in-person exchanges and group discussions.
- Anonymization of Data: Efforts will be made to ensure that personal or private information related to any particular survey participant is not disclosed.
- Applicability: The rule introduces a provision at FAR 52.201–1, Acquisition 360: Voluntary Survey. Agencies can include this provision in solicitations for commercial services and products, including COTS items.
Conclusion
The Acquisition 360 rule represents a significant step towards improving the federal acquisition process. By seeking feedback from contractors and potential offerors, the government aims to refine its processes, ensuring they are efficient, effective, and beneficial for all parties involved. As government contractors, it’s essential to be aware of this rule, understand its implications, and consider participating in the feedback process to shape the future of federal acquisitions.
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