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Neal Fox | Contracting in perspective: DHS' Eagle—Will it fly?

Truck-sized loophole in Eagle procurement may be playing semantics with the Office of Federal Procurement Policy

By Neal Fox, Special to GCN

One of the most highly anticipated contracts scheduled for award in 2006 is Homeland Security’s Eagle (Enterprise Acquisition Gateway for Leading Edge solutions). DHS views Eagle as its premier procurement vehicle for agencywide consolidation of IT services, replacing the numerous legacy contract vehicles now used by DHS component agencies.

Eagle could account for most of the department’s annual IT services contracting, valued at over $4 billion. Eagle is now in source selection, following receipt of proposals back in November. DHS officials intend to make awards in the June-through-July time frame.

Eagle actually consists of two contract vehicles: one set aside for small businesses and another for all other vendors. Two separate source selections are being used, and task orders will not be competed across the two vehicles. The request for proposals outlined Eagle’s five IT services categories covering: 1) infrastructure engineering design, development, implementation and integration; 2) operations and maintenance; 3) independent test, validation, verification and evaluation; 4) software development; and 5) management support services. The program will run for seven years—an initial five-year contract plus two one-year options.

Eagle, it’s worth noting, is an agencywide vehicle, not really a governmentwide acquisition contract as authorized by the Clinger-Cohen Act of 1996. But DHS says it can be used by other government agencies to meet homeland security-related needs. The trick is, most other agencies will need to use Economy Act provisions, requiring justification and high-level approval.

Still, this truck-size loophole may be playing semantics with the Office of Federal Procurement Policy, which has the authority to regulate and oversee GWACs. OFPP grants GWAC authority to agencies annually but does not closely regulate agencywide contracts, which Eagle is purported to be. It remains to be seen whether OFPP continues to agree that Eagle is not a de facto GWAC once it is up and running.

Like other contract vehicles agencies used for recurring IT services needs, Eagle is a two-stage program that first chooses a set of vendors, then competes agency requirements among only those vendors for the services defined in the basic contract. The first stage reduces the universe of contractors the agency will use and puts in place contractual provisions to provide for a more streamlined acquisition process. The second step competes all ensuing task orders among only those vendors. It also obligates agency funds.



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