The FAR Experiment
The idea of suspending the Federal Acquisition Regulation for the TSA -- in the name of national security expedience -- was tested these last several years. And from all the evidence Government Inc. has seen, that idea was found wanting. In a big way.
Here's a good piece in Washington Technology that spells out what has changed.
"After six years and numerous congressional and Government Accountability Office reviews singling out TSA for ineffective procurement practices, lawmakers decided they had seen enough. TSA's 2008 appropriations act directed the agency to use the FAR for future procurements," writes Jonathan Cain of the law firm Mintz Levin.
Here's a blast from the past, if you want a reminder of how bad things got at TSA procurement's shop.
By Robert O'Harrow |
July 2, 2008; 5:52 AM ET
Previous: Border, Fence and Mucho Dinero |
Next: Do You Hear Something?
Posted by: skiloypet | July 2, 2008 9:54 AM
As an opponent of TSA from its inception as it was originally proposed and organized, I am not surprised at the procurement problems. It was understandable for parts, not all, of the FAR to be temporarily suspended as the TSA was originally formed. But the TSA should have been subject to all of FAR at least three years ago. My fear is that now that FAR applies, no one in the agency has the expertise to execute the process correctly. I hope they are planning a major effort to train staff on FAR requirements.
Posted by: Charlie B | July 2, 2008 10:10 AM
What!!! Hold the phone, the TSA not using the FAR. FAR is the bible for all thing procurement in the federal government. Who was the brain trust and mental midget who exempted the TSA from using FAR?
Posted by: Donna | July 7, 2008 1:02 PM
Just a small defense. The FAR is designed to be totally fair to every possible provider, regardless of any efficiency or speed in the contracting effort and with only minimal concern on the ability of the provider to provide without a fantastic amount of oversight and effort by the contracting office. There is also the specter of all the protests and appeals for companies who didn't think that they were fairly treated, fairness typically trumping technical adequacy on appeal. The down side is that there is the potential for buying a gold plated product, when it isn't needed and the possibility of political appointees sending business to their past and future employers (out of the best intentions, I'm sure). Now that things are up and running in somewhat of a normal fashion (it is the TSA afterall) the FAR is quite appropriate.
Posted by: Searcher911 | July 10, 2008 8:08 AM
Wonderful! Next we can also eliminate having to sign a DD 250 for a government purchase. Who needs regulations?
JMA Tampa
Posted by: Joseph M. Abad | July 10, 2008 2:41 PM
$5.4 Million for 9 months of work to the CEO of a company that didn't legally exist at the time the contract was executed. I hope that's being scrutinized. Some buddy at TSA must have told the guy, "Look, I could get you a few million dollar contract if you had an event management company." And the guy must have said something like, "Get the paperwork started - I'll be up and running in no time!" Apparently they got the contract together before he had time to get incorporated. Oh well, it still seems to have worked out okay.
Posted by: Alkus | July 11, 2008 10:50 AM
So now that TSA has to follow the FAR when no wonder DHS has not been able to account for their appropriations since they only do what they are told just like the EPA when told to lie about the WTC air, every Bush cabinet member who has resigned, no questions asked, no trials held, just disappeared into thin air. Does that mean Cheney and TSA employees will be going to DAU ethical training, submitted financial disclosure yearly mandatory forms per the FAR, and would all the Contracting Officers who have lost their jobs, pensions, benefits, been tried, charged and punished in jail/fined for their not following the FAR accordingly?
So, does that mean the legal counsel when they would sign off on awards committed fraud not being held accountable? Amazing corruption, lies, fraud and unethical procurement practices are illegally legal as FAR mandates only $25 gifts are ok; as donuts, personalized baseball caps and group lunches paid by contractors were against regulations and went through legal as required; does that mean that I get my 3 days of pay back when I was put on 3 days of AWOL because someone talked to me at 9am, sent an email at 9:15am stating I was not at work; as I have been told by my 2 week old supervisor that "it's not that I don't trust you, but I need someone to be accountable for your time?" When I suggested that everyday while on official TDY mandated by DLA HQ to call him so he could document the time and attendance sign in sheet as 8 hours of TDY aka per regulations for accountable time but no that was not necessary and look what happens when regulations aren't followed innocent people are not asked a question, not given a chance to defend my name, and now I am off the team because I didn't get along with the person who lied who was never held accountable, never apologized but still under DLA investigation for 25 counts of sexual discrimination and getting an intern fired because of not accepting sexual advances as this intern won his case to be reinstated. When this man sent the email in the beginning, then forwarded to my management back at my Center, asked why I was not even notified, given a copy, informed or asked a question, but even the union said that his email would incrimate his actions due to the timeframes; but welcome to the Federal Government; let the good times roll not the rolling of heads for corruption, fraud and $21 million not being disclosed or is Cheney even a Contracting Officer who can sign awards to his friends, making millions, so how much did TSA make when regulations were not followed?
Just asking? Illegal is legal and legal is illegally discriminated, overlooked and according to regulations?
Posted by: GS-1102 contract specialist for 25 years | July 13, 2008 6:56 PM
What has been done with the Federal Acquisition Regulations is the biggest fraud perpatrated on the US taxpayers since Warren Harding was president.
It started with Dick Cheney and the original KBR contracvt in Iraq and has deteriated from their.
It speaks for why the naional debt exceeds 9 trillion dollars. It speaks for why members of the US congress cherry pick contracts and hand them out to their fundraisers and why cost plus fixed fee contracts are the norm.
,
Posted by: Ralph Dreifus | July 14, 2008 12:47 AM
The comments to this entry are closed.











Good call by TSA. I'll be the first one to say that I'm no Government acquisition expert....but I have some experience with it; it can become very complex (in the blink of an eye) and result in unintended self-inflicted wounds when managed by well-intended administrators. And too, if substantial guidance is "suspended", the potential for calamitous error and overt fraud is high. Better to use the FAR (the rules) and tailor the acquisition process to fit what is necessary. Sufficient oversight / review will (should) provide enough control without causing the process to grind to a halt (the other risk). In the end, looks like TSA demonstrated they cannot manage acquisition programs without the FAR....no surprise there.