Federal Contracts Report Index-Summary

ACCESS TO RECORDS

– DCAA audit guidance requires contractors to provide timely access to personnel, documents, and other data to support audit, 91:4

ACCOUNTING

– Audits

See AUDITS

– CAS

See COST ACCOUNTING STANDARDS (CAS)

– DCAA

See DEFENSE CONTRACT AUDIT AGENCY (DCAA)

ACQUISITION MANAGEMENT

– Contract management

See CONTRACT MANAGEMENT

– Contract types

– – Cost-reimbursement contracts, Grant Thornton reports on increased use in federal procurements, 91:78
– – FY 2008 federal contract dollars, OMB reports that 60 percent of dollars were obligated through fixed-price contracts, 91:274
– – IRS does not use improper contract types but risks paying more than necessary, IG finds, 91:203
– – OMB issues guidance on selection, 92:308
– – Time-and-materials contracts, compliance issues found, use of contract type for commercial services may be underreported, D&F requirement has not been applied to GSA schedule contracts, GAO reports (GAO-09-579, 6/24/09), 91:527

– Correction of Long-Standing Errors in Agencies' Unsustainable Procurements (CLEAN UP) Act

See LEGISLATION, FEDERAL, HR 2736, S 924

– Defense Science Bd.

– – “Dual acquisition path” and rapid acquisition agency should be established to meet urgent needs of combatant commanders, report recommends, 92:65
– – IT, board recommends development of unique acquisition system, 91:354
– – “Strategic acquisition management platform” needed to fix process, DOD Sec'y must lead initiative, 91:372

– FEMA, DHS IG recommends establishment a single-point ordering process for disaster-related goods and services, 92:168
– Freedom from Government Competition Act

See LEGISLATION, FEDERAL, HR 2682, S 1167

– FY 2003-2008 audits, DOD IG releases summary report of management deficiencies, 91:377
– FY 2010 budget

– – DHS, Lieberman (ID-Conn) and Collins (R-Me) praise proposed $25M increase for Office of Procurement, 91:415
– – DOD Sec'y Gates will recommend restructuring of programs, and reform of equipment acquisition process, 91:296; Gates tell Senate Armed Servs. Comm. that reform requires discipline and tough choices, 91:411

– House Armed Servs. Comm. releases 2-year oversight plan, focus on DOD acquisition system reforms expected, 91:23; review panel established to examine defense acquisition issues, 91:171; panel approves organizational plan for examining the acquisition system's effectiveness in meeting critical goals, 91:221; new reform panel examines both the effectiveness of the initial acquisition stages and program outcomes, 91:275; panel hears testimony of measuring acquisition performance and outcomes, 91:434
– Information technology

– – Architecture Operations Contract Support contract, federal CIO updates Senate panel on progress with integrating contracting databases into a integrated procurement platform, 92:235
– – Center for Drug Evaluation and Research selection method for contractors increases risk for government, IG says, 91:29
– – Defense Science Bd. recommends development of unique acquisition system, 91:354
– – DHS has made progress in large-scale acquisitions but “considerable work” remains, GAO reports (GAO-09-1002T), 92:194

– Misclassification of procurement on Fed. Bus. Opportunities website under a “miscellaneous” product code prevented the offeror from responding properly, protest sustained (GAO), 92:243
– NASA needs to improve, GAO official Chaplain tells House Comm. on Science and Tech., 91:174
– Nontactical vehicles in Afghanistan, DOD IG says acquisition management needs improvement, 91:485
– Procurement management review program (PMR) schedules for FY 2010 released, 92:124
– SEC, IG finds shortfalls, 92:237
– Services contracts, DOD

– – Inventories

– – – DARPA, FY 2008 inventory available, 92:317
– – – DCMA, FY 2008 inventory available, 92:276
– – – DFAS, FY 2008 inventory available, 92:296
– – – DISA, FY 2008 inventory available, 92:296
– – – DLA, FY 2008 inventory available, 92:296
– – – GAO official tells House Armed Servs. Comm. that a contract inventory is needed, 91:348
– – – Missiles, FY 2008 Defense Agency Servs. Contracts Inventory, notice of availability issued, 92:276
– – – Navy releases FY 2008 inventory, 92:170
– – – SOCOM, FY 2008 inventory available, 92:337
– – – TRICARE Mgmt. Activity, FY 2008 inventory available, 92:317
– – – USAF and Army release FY 2008 inventories, 92:145; status box, 92:170
– – – USTRANSCOM, FY 2008 inventory available, 92:337
– – – Washington Headquarters, FY 2008 inventory available, 92:276

– – Pre- and post-award review criteria for acquisition established, 91:135

– Shipbuilding, House Armed Servs. Comm. lawmakers call on Navy officials to devise and execute a reasonable plan after critical GAO report released, 91:410
– UK's Ministry of Defence system is “substantially overheated” and likely unaffordable, independent review finds, 92:279
– Unmanned aircraft vehicle (UAV) programs, DOD needs to promote more commonality and service-specific requirements create obstacles, GAO reports (GAO-09-520, 7/30/09), 92:105
– Wartime Contracting Comm'n recommends State Dep't embassy security contracts be awarded on best-value and not low price, 92:234
– Weapons

– – Weapon Systems Acquisition Reform Act

– – – Bills

See LEGISLATION, FEDERAL, HR 1830, S 454

– – – Law

See WEAPON SYSTEMS ACQUISITION REFORM ACT

– – Weapons Acquisition Systems Reform Through Enhancing Technical Knowledge and Oversight (WASTE TKO)

See LEGISLATION, FEDERAL, HR 2101

ACQUISITION REFORM

– Budget

– – Defense budget

See DEFENSE BUDGET

– – FY 2010 resolution

See LEGISLATION, FEDERAL, SConRes 13

– – House Budget Comm. hearing, OMB Dir. Orszag says reform key to making government effective, 91:173

– Coast Guard Acquisition Reform Act

See LEGISLATION, FEDERAL, HR 1665

– Contracting out

See generally CONTRACTING OUT

– DOD

See DEFENSE DEPARTMENT (DOD)

– Efficiency Review initiative, DHS components to participate in review and examine its procurement practices, 91:139
– Federal Acquisition and Reform Inst. (FAIR), nonprofit established to promote reform and innovation, 91:357
– Hill Watch

See HILL WATCH

– House SubComm. on Gov't Mgmt., Org., and Procurement, contracting experts discuss problems and solutions, 91:507
– OMB Dir. Orszag to work with other officials to overhaul “broken” system, 91:170; status box, 91:176; public meeting to be held, recommendations on improving system sought, contract types, competition, governmental functions to be discussed, 91:466; status box, 91:469; U.S. and industry officials comment on methods to strengthen contracting processes, 91:509; governmentwide contracting guidance issued, reduction of “high-risk” contracts sought, 92:82; guidance issued, 92:308; guidance on selection of contract types issued, 92:308; agency official defends administration's implementation of reform directive at Senate panel hearing, 92:312
– Veterans of Foreign Wars convention, Obama says defense industry has to adapt to end of Cold War and military must curtail fraud and waste, 92:140

ACQUISITION WORKFORCE

– DCMA contracting officers need expert advice program for complex noncompliance issues, DOD IG says, 91:322
– DOD

– – Acting Comptroller Gen. Dodaro discusses staffing levels with House panel, 91:115
– – Acting Deputy Under Sec'y of Defense for Acquisition and Tech. Assad tells House Armed Servs. subpanel about plan to increase workforce, 91:369
– – Expedited hiring authority authorized for “shortage category positions” in defense agencies, 91:27
– – Expeditionary operations, Thompson tells House Appropriations panel of reforms to implement Gansler Comm'n recommendations, 91:110; House Armed Servs. oversight panel briefed on improvements, 91:246
– – FY 2010 budget, Sec'y Gates will recommend expansion of workforce, 91:296; Gates tell Senate Armed Servs. Comm. that reform requires discipline and tough choices, 91:411
– – Personnel information insufficient for effective management of workforce, GAO reports (GAO-09-342, 3/25/09), 91:251
– – USAF officials have developed “strategic framework” for modernization of service's systems, workforce and contract processes to be revitalized, 91:409

– Economic stimulus funds

– – DHS needs more staff to manage ARRA contracts, IG says, 92:127
– – Prof'l Servs. Council recommends planning strategies to workforce responsible for disbursement of funds, 91:153

– FEMA lacks strategic plan, agency needs to address shortcomings of acquisition workforce during catastrophic disasters, DHS IG finds, 91:5
– House SubComm. on Gov't Mgmt., Org., and Procurement, experts say decision to reduce workforce in 1990s may have been a mistake, 91:507
– OFPP requires agencies' chief acquisition officers to submit copies of human capital succession plans soon, 91:26
– Procurement integrity

See PROCUREMENT INTEGRITY

– Retired federal workers

– – National Defense Authorization Act

See LEGISLATION, FEDERAL, S 1390

– – OPM reports that agencies used special hiring authorities to fill 57 jobs in FY 2008 with annuitants, 91:374

ACQUISITIONS, CORPORATE

See MERGERS AND ACQUISITIONS

ACUS

See ADMINISTRATIVE CONFERENCE OF THE UNITED STATES (ACUS)

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES (ACUS)

– House Judiciary Comm. initiates roundtable discussion to set the agenda for revived think tank, 91:323

ADMINISTRATIVE PROCEDURE ACT (APA)

– Jurisdiction, injunctive relief against termination of §8 subsidy payments was prime objective of HUD complaint, contract reference does not render claim under exclusive jurisdiction of Tucker Act, APA's waiver of sovereign immunity applies (10th Cir.), 91:122
– Standing, motion to dismiss a contractor's APA challenge rejected, plaintiffs' expired debarments and listing on GSA's Excluded Parties List Sys. might affect future responsibility determinations (S.D. Ohio), 92:150

AEROSPACE INDUSTRY

– Acquisition reform, Aerospace Indus. Ass'n urges “rational reform,” 91:93
– Export controls, Gordon (D-Tenn) urges the administration to investigate industry impact, 91:177
– Industrial base, Aerospace Indus. Ass'n reports say industrial base issues should be considered when the government makes strategy decisions based on the findings of the Quadrennial Defense Review, 92:85

AFFIRMATIVE ACTION

– Compliance evaluations

– – ARRA impact, OFCCP to boost enforcement efforts to provide reports on contractors receiving stimulus funding, 92:9; directive details compliance review procedures for stimulus-funded contractors, 92:106; officials explain differences in compliance evaluations for construction, supply, and service contractors, 92:198
– – Scheduling list released by OFCCP, 91:301

– Set-asides

See generally SET-ASIDES

– Veterans

– – House Veterans' Affairs Econ. Opportunity subpanel hears recommendations to improve enforcement of federal contractors' hiring requirements, 91:412
– – VEVRAA-covered contract, FCA claim rejected for failure to state a claim, contractor did not falsely certify (S.D.N.Y.), 91:305

AFGE

See GOVERNMENT EMPLOYEES (AFGE)

AFGHANISTAN

– Body armor, State Dep't final rule amends International Traffic in Arms rules to add exemption for temporary export of armor for exclusive personal use, 92:109
– Budget, administration says $83.4B FY 2009 supplemental will be the final funding measure for war, 91:300; Senate and House lawmakers prepare to markup the request before Memorial Day recess, 91:375; further action, see LEGISLATION, FEDERAL, HR 2346
– Class deviation for acquisition from 9 Asian countries issued by DOD, procurement must be for construction materials and services to support ongoing operations, waiver includes WTO and TAA prohibitions, and the Balance of Payment Program requirements, 92:54
– Contract management

– – Congress and the administration need to reexamine reliance on and oversight of contractors, GAO reports (AO-09-473SP, 4/21/09), 91:353
– – SIGAR says more oversight personnel needed, 91:437
– – Wartime Contracting Comm'n team on fact-finding trip, 92:142; commission recommends State Dep't award embassy security contracts on best-value and not low price, 92:234

– Criminal activities, Joint Contracting Command-Iraq/Afghanistan contract clause prohibits contractor personnel convicted of a crime against host country national from performing in U.S. Central Command, ABA Section questions validity of clause, 92:35
– Hiring authority for SIGAR

See LEGISLATION, FEDERAL, S 615

– Munitions made in China, allegations that contractor illegally sold ammunition to Army may proceed, DFARS clearly prohibits sale (S.D. Fla.), 91:259
– Nontactical vehicles, DOD IG says acquisition management needs improvement, 91:485
– Security services

– – Best value procurements recommended by Wartime Contracting Comm'n, 92:234
– – Senate Homeland Security and Governmental Affairs subpanel chair McCaskill (D-Mo) examines poor performance issues of Kabul embassy contractor, 91:483
– – SIGIR says poor security continues to impede reconstruction efforts, audit to determine reliance on contractors planned, 92:329

– Synchronized Predeployment and Operational Tracker (SPOT) system database, officials tell House Armed Servs. subpanel that tracking contractor personnel has improved coordination between DOD, USAID, and the State Dep't, 91:276; data collection problems persist, GAO reports (GAO-10-1, 10/1/09), 92:234
– Theater business clearance policies, DOD organizations are not complying, memorandum directs compliance, 92:192

AFRICA

– Cape Verde removed from list of “least developed” countries that are designated as eligible countries under the TAA, FAR final rule issued, 91:225; status box, 91:231
– Liberia added to list of “least developed” countries that are designated as eligible countries under the TAA, FAR final rule issued, 91:225; status box, 91:231
– Nigeria, Kellogg Brown & Root pleads guilty in attempt to bribe local government officials, firm to pay $579M in criminal and civil fines, 91:202
– Sudan Accountability and Divestment Act, FAR final rule implements law that requires contractors to certify noninvolvement in key sectors of Sudan's economy, 92:121; status box, 92:131

AGENCIES, FEDERAL

See specific agencies

AGENCY FOR INTERNATIONAL DEVELOPMENT (USAID)

– Budget, foreign operations spending bill, House Appropriations Comm. approves measure that includes amendment barring U.S. Export-Import Bank from providing financial aid to any firm that supplies gas or assists in the development of the Iran's petroleum resources, 91:530; further action, see LEGISLATION, FEDERAL, HR 3081
– Synchronized Predeployment and Operational Tracker (SPOT) system database, officials tell House Armed Servs. subpanel that tracking contractor personnel has improved coordination between DOD, USAID, and the State Dep't, 91:276; data collection problems persist, GAO reports (GAO-10-1, 10/1/09), 92:234

AGRICULTURE DEPARTMENT (USDA)

– Biobased products, final rule to amends Guidelines for Designating Biobased Products for Federal Procurement, 92:317
– FDA

See FOOD AND DRUG ADMINISTRATION (FDA)

– Forest Serv.

See FOREST SERVICE

– Small business, conferences to be held to launch initiative to increase participation in rural areas, 92:316

AIR FORCE (USAF)

– Acquisition reform, officials have developed “strategic framework” for modernization of service's systems, workforce and contract processes to be revitalized, 91:409
– Aerial refueling tanker program (KC-X)

– – DOD Sec'y Gates says competition may resume in spring, Murtha (D-Pa) supports split buy approach, 91:75
– – Draft RFP released, award to be fixed-price, 92:215; Ala. lawmakers criticize latest draft and urge rewrite of solicitation, 92:314; lawmakers ask administration to consider “illegal” Airbus subsidies when making tanker award, 92:333
– – Northrop Grumman is “greatly concerned” that DOD provided competitive pricing information to Boeing, 92:237
– – Shelby (R-Ala) and Sessions (R-Ala) place hold on Carter's nomination for under secretary of defense for acquisition and technology, and logistics, 91:284; holds lifted, Carter confirmed, 91:359
– – Source selection authority returned to USAF, 92:197

– Bid preparation and proposal costs of more than $1M awarded to Alabama Aircraft for flawed KC-135 maintenance contract evaluation (Fed. Cl.), 91:144
– Conflicts of interest, support services for data, voice, and land mobile radio, and video conference facilities, protest of award to Gen. Dynmanics Info. Tech. sustained due to subcontractor's access to competitively useful information, biased-ground rules OCI found (GAO), 92:206
– Contracting activities, DFARS list updated by final rule, 92:91
– Default termination due to contractor's concealment of workmanship defects and test reports upheld, actions were “gross mistakes amounting to fraud” (ASBCA), 92:76
– FOIA

– – Exemption 3, technical orders are barred from disclosure under 10 U.S.C. §130 (D.D.C.), 92:281
– – Exemption 4

– – – E-mail, agency enjoined from releasing contractor's e-mails, information deemed “commercial” (S.D. Ohio), 91:179
– – – Jet engine spare parts, disclosure of GE's unit pricing may cause substantial competitive harm and barred by Trade Secrets Act (D.D.C.), 92:178
– – – “Wrap rates,” USAF disclosure of Boeing line item pricing information upheld, release of labor rate information unlikely to harm the firm (D.D.C.), 91:471

– Procurement integrity, DOD IG finds former Chief of Staff Moseley gave “preferential treatment” in awarding $49.9M contract for multimedia and production services for Thunderbirds' shows, 92:54
– Proposal evaluations

– – Enterprise operations, maintenance, and media and data facilities management contract, proposal and risk assessment flawed, staffing issues not addressed (GAO), 92:179
– – Incumbent status insufficient to show relevant expertise in 3 mission areas, protest over technical determination rejected (Fed. Cl.), 91:145

– Rescission

– – Limitation on Subcontracting clause, rescission of contract award for noncompliance with clause in solicitation upheld (Fed. Cir.), 91:100
– – Progress payments, U.S. motion to dismiss contractor's appeal granted, CO had rescinded claim for overpayments (ASBCA), 92:58

– Services contracts, FY 2008 contract inventory released, 92:145; status box, 92:170
– Small business set-asides

– – Consolidated Acquisition of Prof'l Servs. program task orders, jurisdiction over contract interpretation claim related to eligibility found (ASBCA), 92:339
– – Injunction granted in pre-award protest of decision not to solicit follow-on contract for programmatic services supporting weapon systems development (Fed. Cl.), 91:331; award upheld, injunction dissolved, 91:496

AIR TRANSPORTATION

– Aircraft industry subsidies, WTO panel's preliminary ruling in Airbus dispute delayed, 91:14; U.S. Trade Representative Kik warns of new dispute action related to recent announcement of French and German repayable loan offer, 91:533; panel ruling expected soon, 92:73; preliminary ruling issued. “launch aid” discussed, 92:170; USTR Kirk says his fought “long and hard” to prevail, 92:201; lawmakers ask administration to consider “illegal” Airbus subsidies when making KC-X tanker award, 92:333
– TSA

See TRANSPORTATION SECURITY ADMINISTRATION (TSA)

ALIENS

– Citizenship and immigration control

See generally HOMELAND SECURITY DEPARTMENT (DHS)

– Documentation

See UNDOCUMENTED WORKERS

ALLOWABLE COSTS

– Asset step-up, DOD contractors can continue to claim indirect costs related to step-up, class deviation extends wavier of FAR disallowance until FY 2011, 91:139
– Closeout costs, Head Start grantee has no breach of contract claim, U.S. negotiated in good faith despite denial of construction-related costs (Fed. Cl.), 91:497
– Defense costs and settlement payments, costs for adverse judgment in sexual harassment suit not allowable, defense and settlement payment costs only allowable if contractor could show plaintiff unlikely to succeed (Fed. Cir.), 91:444
– Executive compensation cap, OFPP sets FY 2008 limits, 91:441
– Organizing, E.O. 13.494 treats costs of employer activities undertaken to persuade employees not to exercise their labor rights as unallowable, 91:73
– Overhead and general administrative costs, contractor may recover certain sums for costs related to rate reclassifications, other costs denied for failure to comply with notice requirements of limitation of cost and limitation of funds clauses (ASBCA), 91:381
– “Pass-through charges,” FAR interim rule limits charges and includes 70 percent reporting threshold, 92:272; status box, 92:276
– TekPortal software development was not necessary to the operation contractor's business and did not benefit the government, costs were not allocable or allowable (Fed. Cl.), 91:41

AMBIGUITY

– Contract line item for billing and payment for minimum military packing of off-base shipments, CLIN did cover transshipments, remanded (Fed. Cir.), 92:93
– Cumulative impact claims, government unambiguously released from all liability in contract modification (Fed. Cir.), 92:17
– Economic price adjustment clause, trial necessary to resolve construction contract dispute (Fed. Cl.), 91:445
– Military treatment centers in Southwest Asia, DOD IG finds contract terms provided to contractors are often vague, 91:397

AMERICAN INDIANS

See NATIVE AMERICANS

AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Acquisition workforce

– – DHS needs more staff to manage contracts, IG says, 92:127
– – Prof'l Servs. Council recommends planning strategies for disbursement of funds, 91:153

– Affirmative action, OFCCP to boost enforcement efforts to provide compliance evaluation on contractors receiving stimulus funding, 92:9; directive details compliance review procedures for stimulus-funded contractors, 92:106; officials explain differences in compliance evaluations for construction, supply, and service contractors, 92:198
– Audits, FAR interim rule promotes transparency by including contract clauses allowing for audits and review of awards, 91:271; status box, 91:285
– Bill

See LEGISLATION, FEDERAL, HR 1, S 1

– Buy American mandate

– – “A Series of Unintended Consequences: Implementing the Buy American Provision of the American Recovery and Reinvestment Act of 2009,” FCR Analysis, 91:423
– – Canadian envoy says provision is protectionist, 91:419; Intl. Trade Minister Day discusses Canadian proposal to ease restrictions with USTR Kirk and Commerce Dep't Sec'y Locke, 92:174; Obama reassures Prime Minister Harper that a solution is possible, 92:202; officials from both countries discuss proposed exemption, 92:240
– – Chinese officials criticize and warn of trade protectionism, 91:143
– – Conference report language clarifies, 91:135
– – Construction materials, iron, and steel

– – – FAR interim rule implements, 91:271; waiver requirements provided, 91:278; status box, 91:285
– – – OMB issues interim final guidance, 91:300; guidance clarifies waiver requirements, 91:351

– – DHS

– – – “Illusory Progress: The Apparent Expansion of the Berry Amendment to DHS,” FCR Analysis, 91:261
– – – Stimulus funding includes $260M for border security and $98 for Coast Guard acquisitions, Berry Amend. expanded to textile and apparel products, 91:138; interim rule on textiles takes effect, 92:147; status box, 92:148

– – WTO members given reassurances, 91:161; EU raises new questions about provisions, 91:256

– “Contractor's Guide to the Federal Bailouts,” FCR Analysis, 91:208
– E-Verify requirement dropped in final measure, 91:134
– GSA plans to quickly award a significant portion of its reinvestment funds, 91:321; IG says the agency has a “critical” need for COs and project managers to handle increased workload to implement Act, 92:143
– Infrastructure projects are under budget and on schedule, President Obama says, 91:322
– OMB implementation

– – Award terms, interim final guidance establishes standard terms for agencies to include in financial assistance awards, 91:358
– – Buy American mandate, interim final guidance issued on construction materials, iron, and steel, 91:300; waiver requirements clarified, 91:351
– – Davis-Bacon wage rates, interim final guidance clarifies requirements, 91:351
– – Small business contracting programs, agencies directed to use contracting programs when planning acquisitions, guidance also incorporates FAC 2005-32 interim rules, 91:298
– – Transparency and accountability, directive details agencies' requirements, 91:132; guidance requires “heightened” attention used in acquisition planning, 91:137; executive branch agencies given guidance on what expenditure information they are required to release, 91:138; revised guidance requires report on spending information as it occurs and to provide “a better real time sense of agency funding activities,” 91:277; data collection and steps for meeting reporting requirements clarified, 91:528

– Prevailing wages, DOL to hold conferences for contractors, 92:35
– Purchase cards, DOD issues instructions for COs using cards for transactions using stimulus funds, 92:26
– Recovery Act Transparency and Accountability Bd., Devaney named as chair, 91:158; Devaney says poor data and lack of uniform reporting standards could hamper efforts to promote transparency, lack of website control also raised as issue, 91:224; board releases contracting checklist to assist agencies in following best practices, 92:12
– Reporting

– – Construction contractors will face more information collection requirements and oversight under law, forum speakers say, 92:292
– – Contract action reporting for use of recovery funds, DOD releases instructions, 91:226; Defense Procurement and Acquisition Policy Dir. Assad revises requirements, 92:146
– – Contractors' report on use of funds, FAR interim rule, 91:271; status box, 91:285; registration process established at federalreporting.gov, 92:164; status box, 92:170; notice issued, status box, 92:223
– – FraudNet, GAO urges hotline reports of fraud, waste, and abuse of stimulus funds, 91:281
– – OMB

See OMB implementation, this heading

– – Recovery.gov

– – – Bill

See LEGISLATION, FEDERAL, S 800

– – – Website revamped, 92:193; data on website reveals about 9K prime contractors awarded $168B for work, 92:268

– – TARP and ARRA Reporting and Waste Prevention Act

See LEGISLATION, FEDERAL, HR 1472

– Small business and veterans to benefit from stimulus funds

– – DOE, DOD, and HHS update Senate Small Bus. and Entrepreneurship Comm. on their award of contracts to small firms, 92:254
– – House subpanel hears federal agencies' efforts to open contracting opportunities, 91:193
– – OMB directs agencies directed to use small business contracting programs when planning acquisitions, guidance also incorporates FAC 2005-32 interim rules, 91:298
– – Snowe (R-Me) say small firms have only received 10.3 percent of total stimulus dollars spent, 91:438

– Spending, obligation of funds

– – OMB deputy director Nabors tells Senate committee that $300B has been obligated and that economy is “back from the brink,” 92:169
– – President Obama promises spending will be accelerated in the next 3 months, 91:488

– State and local governments

– – Enhanced Oversight of State and Local Economic Recovery Act

See LEGISLATION, FEDERAL, HR 2182, S 1064

– – EPA IG to work with states and local governments to ensure funds are used appropriately, 91:356
– – Transparency and Accountability in State and Local Contracting Act

See LEGISLATION, FEDERAL, HR 1910

– Suspended contractors, Coburn (R-Okla) questions award of funds to 2 contractors suspended by USAF, 92:315
– Waste and fraud

– – DOJ initiatives to fight fraud in stimulus projects announced, 91:412
– – FraudNet, GAO urges hotline reports of fraud, waste, and abuse of stimulus funds, 91:281
– – President Obama announces new guidelines to minimize waste and fraud in awarding contracts under the stimulus bill, 91:245; status box, 91:254
– – TARP and ARRA Reporting and Waste Prevention Act

See LEGISLATION, FEDERAL, HR 1472

– Whistleblower protections

– – FAR interim rule prohibits nonfederal employers receiving funs from retaliation, 91:271; status box, 91:285
– – Private-sector employees now covered under law, 91:133

ANALYSIS AND PERSPECTIVE

– Bailouts, “Contractor's Guide to the Federal Bailouts,” FCR Analysis, 91:208
– Buy American Act, “A Series of Unintended Consequences: Implementing the Buy American Provision of the American Recovery and Reinvestment Act of 2009,” FCR Analysis, 91:423
– Contract Administration, “An IFRS Primer for Government Contractors (And Other Uninterested People),” FCR Analysis, 91:402
– DHS, “Illusory Progress: The Apparent Expansion of the Berry Amendment to DHS,” FCR Analysis, 91:261
– DOD, “A Simple-And Overlooked- Change that will Reduce the Cost of Defense Systems,” FCR Analysis, 91:500; A Suggestion Related to-, FCR Analysis, 92:209
– FCA, “Proposed FCA Amendments-a Recipe for Government Gridlock?,” FCR Analysis

– – Part I, 91:308
– – Part II, 91:334

– “FOIA Update: Protecting Innovation in a Glass House,” FCR Analysis, 91:447; correction, 91:467
– Interest, “Contrasting CBCA and COFC Decisions Illustrate What “Disputes” Will Toll the Accrual of Prompt Payment Act Interest,” FCR Analysis, 91:383
– “Iraq SOFA: Issues Abound for Contractors,” FCR Analysis, 91:44
– Past performance, “Revisiting the Past: Todd Construction, Inc v. U.S. and Judicial Review of Past Performance Evaluations,” FCR Analysis

– – Part I, 91:125
– – Part II, 91:181

– Small business, “SBA Rules Continue to Impact Ability of Small Businesses to Raise Capital,” FCR Analysis, 92:152

ANTITRUST

– Mergers and acquisitions

See MERGERS AND ACQUISITIONS

APA

See ADMINISTRATIVE PROCEDURE ACT (APA)

APPAREL AND GARMENT INDUSTRY

– DHS

– – Berry Extension Act

See LEGISLATION, FEDERAL, HR 3116

– – Stimulus funds, Buy American provisions

– – – Berry Amend. expanded to textile and apparel products contracted by TSA and the Coast Guard, 91:138; interim rule on textiles takes effect, 92:147; status box, 92:148
– – – “Illusory Progress: The Apparent Expansion of the Berry Amendment to DHS,” FCR Analysis, 91:261

APPEALS

– Claims

– – Partial settlement fails to satisfy elements required for accord and satisfaction, U.S. motion for summary judgment on contractor's appeal denied (CBCA), 91:64
– – Privity

– – – Third-party beneficiary, subcontractor was not “contractor” under CDA because it lacked privity with government, jurisdiction not found on appeal when only contractors may use CDA appeal provisions (Fed. Cir.), 92:15
– – – VA electrical subcontractor does not have privity of contract with government, jurisdiction lacking over costs appeal (CBCA), 92:42

– – Progress payments, U.S. motion to dismiss contractor's appeal granted, USAF CO had rescinded claim for overpaid progress payments (ASBCA), 92:58
– – Timeliness

– – – Construction contractor's appeal of claim not asserted within 6 years of events fixing government's alleged liability were known or should have been known (ASBCA), 91:82
– – – Software project support services, contractor failed to file appeal within 90 days of final decision, jurisdiction lacking (CBCA), 92:76
– – – Timber contractor failed to submit legally sufficient and timely claim (CBCA), 92:226

– Default termination appeal filed 138 days after termination timely because it was filed 35 days after U.S. sought reprocurement costs (ASBCA), 91:145
– FCA

– – Extended time period for filing an appeal applies only when government intervenes, private party relator is subject to 30-day filing limit (U.S., dec), 91:455
– – Relators have 60 days to file appeal even if U.S. does not intervene (3d Cir.), 91:15

APPROPRIATIONS

See BUDGET, U.S.; specific agencies and departments
– Defense budget

See DEFENSE BUDGET

– Earmarks

See EARMARKS

ARBITRATION

– House appropriations bill conferees are urged to accept Franken (D-Minn) amendment to deny federal funds to contractors that force binding arbitration on their employees, 92:292
– Sexual assault and battery, Halliburton female employee who alleges rape by other employees while in Iraq is not required to arbitrate claism for assault and battery and other torts (5th Cir.), 92:204

ARCHITECT-ENGINEER CONTRACTS

– Payment withholding, proposed FAR rule would allow COs to exercise discretion when applying withholding-of-payment requirements to fixed-price contracts, 91:395; status box, 91:397

ARMED SERVICES BOARD OF CONTRACT APPEALS (ASBCA)

– Ed. Note: For ASBCA decisions, see specific subject headings.
– Docket decreases FY 2009, 67 percent of merit decisions favored contractors, 92:336

ARMENIA

– DOD issues class deviation for in-country acquisitions, procurement must be for construction materials and services to support ongoing Afghanistan operations, waiver includes WTO and TAA prohibitions, and the Balance of Payment Program requirements, 92:54

ARMY

– Acquisition reform, official Thompson outlines reforms implementing Gansler Comm'n recommendations to House Appropriations panel, 91:110; House Armed Servs. oversight panel briefed on improvements, 91:246
– Allowable costs, adverse judgment costs for sexual harassment suit not allowable, defense and settlement payment costs only allowable if contractor could show plaintiff unlikely to succeed (Fed. Cir.), 91:444
– Attorneys' fees, contractor not entitled to fees when bad faith predates litigation (Fed. Cl.), 91:41
– Authority, contracting officer's representative (COR) lacked actual or implied authority to order changed and substituted work on security fences, claim for services denied (ASBCA), 92:111
– Bribery, chief warrant officer's motion to withdraw guilty plea properly denied, no ineffectiveness assistance of counsel found (7th Cir.), 92:110
– Contracting out, agency tender official protest upheld, West Point award faulted due to improperly calculated cost savings related to employee benefits, labor costs, and efficiency, cancellation recommended (GAO), 92:319
– Corps of Engineers

See ARMY CORPS OF ENGINEERS

– Default termination

– – Delivery date, termination of weapon supplier's contract for failure to meet extended deadline date upheld, “bald assertion” that increased requirements constituted sovereign act that excuses delay rejected (ASBCA), 91:422
– – Statutes of limitations, appeal filed 138 days after termination timely because it was filed 35 days after U.S. sought reprocurement costs (ASBCA), 91:145

– Discussions on contractor working dog services (CWD) contract improperly limited to resume of kennel master (GAO), 91:473
– Electrocution of servicemember in Iraq due to system defects, Army Criminal Investigation Command finds insufficient evidence to pursue charges in SSG Maseth's death, 92:101
– Fraud, Chinese-made munitions, allegations that contractor illegally sold ammunition to U.S. may proceed, DFARS clearly prohibits sale (S.D. Fla.), 91:259
– Future Combat Sys. program, service told to terminate manned vehicle portion of program and to restructure, 91:526; termination liabilities could be in the millions, official tells Senate Armed Servs. Comm., 91:511
– Government property, internal controls for financial reporting and accountability of government property at Radford Ammunition Plant and Fort Irwin need improvement, DOD IG finds, 91:513
– Interrogation, CIA will adhere to Army Field Manual's techniques and terminate “black site” security contracts, 91:302
– Jurisdiction, final decision issued by CO complies with CDA, jurisdiction found on U.S. counterclaim for profits from defective pricing on subcontract (Fed. Cl.), 91:164
– Penalties, $50.6M penalty under CDA upheld, engineering and construction firm had submitted a baseless claim for delay costs in the same amount (Fed. Cir.), 91:163
– Rehabilitation Act, government contractor granted summary judgment on employee's disability bias claim under §504, U.S. payments to contractor did not constitute “federal assistance” (M.D. Ala.), 91:332
– Services contracts, FY 2008 contract inventory released, 92:145; status box, 92:170
– Sole source procurements

– – Close combat optics, noncompetitive procurement for bridge contract was reasonable (Fed. Cl.), 91:164; competitive range, decision to eliminate from range an offeror who failed retest upheld, department had discretion to retest, 92:42
– – Conflicts of interest, protest of award sustained, basis for extension lacking (GAO), 92:206
– – HubZone program, bid protest of IT award sustained, set-aside under HubZone mandatory when certain conditions met, determination of whether those conditions existed not made (GAO), 91:422; OMB Dir. Orszag says ruling contravenes rules requiring “parity” among 8(a), HUBZone, and SDVOSB programs, 92:49

– Solicitations

– – Limitation on subcontracting clause can apply to services or supplies but not both, protest sustained (GAO), 91:536
– – National defense and security issues justify brand name limitation on satellite communications terminals, pre-award protest dismissed (Fed. Cl.), 91:470

– Sovereign acts doctrine

– – Default termination of weapon supplier's contract for failure to meet extended deadline date upheld, “bald assertion” that increased requirements constituted sovereign act that excuses delay rejected (ASBCA), 91:422
– – Ft. Benning contractor excluded after 9/11, no delay damages liability for exclusion (Fed. Cir.), 91:15

– Statutes of limitations

– – CO's extensive response on the merits of claim was a reconsideration of the termination decision, appeal of claim denial timely (ASBCA), 92:113
– – Default termination appeal filed 138 days after termination timely because it was filed 35 days after U.S. sought reprocurement costs (ASBCA), 91:145
– – Life Cycle Contractor Support services, insufficient evidence to dismiss claim appeal for violation of 6-year limit period (ASBCA), 92:340

– TRICARE, materials outside the record improperly admitted without determination that the evidence was necessary, decision to set aside Lockheed award reversed, “arbitrary and capricious” standard incorrect standard for reviewing organizational conflicts of interest (Fed. Cir.), 91:399
– West Point Military Acad., AFGE to challenge decision to outsource public works jobs, 91:324

ARMY CORPS OF ENGINEERS

– Discussions were unfair and misleading, agency failed to address subcontracting goals with one offeror but did raise issue with other offerors, errors were prejudicial and injunctive relief granted (Fed. Cl.), 92:41
– ID/IQ contracts

– – Military housing procurement, solicitation upheld as no abuse of discretion found (Fed. Cir.), 92:16
– – Rational basis found in the use of a negotiated rather than a sealed bidding format for dredging services, injunction lifted (Fed. Cir.), 92:133

– Illegal gratuities, jury instruction proper, executive's conviction for improper payment of gratuity to a governmental contracting official affirmed (8th Cir.), 91:163
– Performance evaluations, court may only issue a declaration or rights and remand to CO with “proper and just” instructions, court may not direct agency to reach a particular result, challenge to negative evaluation not dismissed but plaintiff admonished to amend complaint for proper remedy (Fed. Cl.), 92:93
– Proposal evaluations

– – “Acceptable” performance rating supported because contractor failed to file necessary worksheets and sufficient information about personnel (Fed. Cl.), 91:260
– – Jetty capping project, minor errors did not prejudice post-award protester (Fed. Cl.), 92:320

– Sureties failed to prove subcontractor knowingly misrepresented amount of debris removed on dam project (W.D.N.Y.), 92:261

ARRA

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

ASBCA

See ARMED SERVICES BOARD OF CONTRACT APPEALS (ASBCA)

ASIA

– Burma added to list of countries from which most imports are prohibited, FAR final rule, 92:121; status box, 92:131
– China

See CHINA

– Japan

See JAPAN

– North Korea

See NORTH KOREA

– Philippines, World Bank anti-corruption unit debars 7 firms and one individual involved in bidding on roads projects, 91:39
– Taiwan

See TAIWAN

– Waivers, DOD issues class deviation for acquisitions in 9 countries, procurement must be for construction materials and services to support ongoing Afghanistan operations, waiver includes WTO and TAA prohibitions, and the Balance of Payment Program requirements, 92:54

ASSAULT

See VIOLENCE

ASSIGNMENT

– Joint ventures or partnerships, law does not prohibit contractors from forming business relationships, prime contractor's arrangement with subcontractor to act on its behalf does not violate Anti-Assignment Act (CBCA), 92:244
– Notice, U.S. granted summary judgment, bank failed to comply with Anti-Assignment Act's notice requirements (Fed. Cl.), 91:237; unlawful assignment voided, all amounts payable under contract not covered and statutory notice requirements not waived, 92:261

ATTORNEYS

– Fees

See ATTORNEYS' FEES

– Sanctions, dismissal of qui tam action for lawyer misconduct upheld (7th Cir.), 92:176

ATTORNEYS' FEES

– Bad faith predates litigation, contractor not entitled to fees (Fed. Cl.), 91:41
– FedBizOpps contract, government motion for reconsideration of fees rejected, GSA contract award set aside for FAR violation, “substantially justified” position not found (Fed. Cl.), 92:178
– Qui tam suit, costs award to Lockheed as prevailing defendant not unreasonable (10th Cir.), 91:205
– Set-aside goal for small firms, federal statute provision unconstitutional, fees denied, DOD's position on §1207 of National Defense Authorization Act reasonable (W.D. Tex.), 92:150

AUDITS

– ARRA, contract clauses allowing for review of awards, FAR interim rule promotes transparency, 91:271; status box, 91:285
– CAS

See COST ACCOUNTING STANDARDS (CAS)

– DCAA

See DEFENSE CONTRACT AUDIT AGENCY (DCAA)

– Earmark funded programs

See LEGISLATION, FEDERAL, HR 113

– FCA, soil and water agency asks whether state and local administrative audits and reports fall within public disclosure bar, health care industry groups weigh in (U.S., rev grant), 91:534
– GAO authority to interview contractor employees when performing certain audit functions, FAR interim rule, 91:278; status box, 91:285; final rule issued, 92:273; status box, 92:276
– GSA final rule revises Part 542 requirements, 91:12
– IGs, by

See INSPECTORS GENERAL

– Improper Payments Elimination and Recovery Act

See LEGISLATION, FEDERAL, S 1508

– Intelligence Community Audit Act

See LEGISLATION, FEDERAL, HR 1008, S 385

AUTHORITY

– Army contracting officer's representative (COR) lacked actual or implied authority to order changed and substituted work on security fences, claim for services denied (ASBCA), 92:111
– Navy CO could not commit DISA to purchase, contract that does not specify which government activities were required to make purchases was limited to those activities that the CO had authority, telephone services provider's profit claims denied (ASBCA), 91:519

AUTOMOTIVE INDUSTRY

– Cash-for-clunkers program survives, Senate approves conference report on HR 2346, 91:512

AWARD FEES

– FAR proposed rule expected soon, revision will require agencies to engage in deliberative process when determining whether the use of an award fee contract is appropriate, 92:100; interim rule issued, 92:270; status box, 92:276
– KBR paid despite electrocutions in Iraq, Senate Democratic Policy Comm. criticizes, 91:439
– National Defense Authorization Act

See LEGISLATION, FEDERAL, HR 2647

– OMB guidance on use of fees not consistently applied, GAO reports (GAO-09-630, 5/29/09), 92:8

AZERBAIJAN