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Is the FAR Coming to Wall Street?, by James Phillips, Esq.
Little noticed in the debate over the proposed mortgage debt bailout legislation is the following interesting contracting issue: Once the Government buys these mortgages from the troubled banks and financial institutions, who will manage those assets on behalf of the taxpayers, how will the managers be selected, and how will those contracts be administered? 9/26/2008
DOD Struggling on NSPS Implementation, by Jason Lee-Bakke
The Government Accountability Office has found that “while DOD has taken some steps to implement internal safeguards to ensure that [the National Security Personnel System] NSPS is fair, effective, and credible, the implementation of some safeguards could be improved.” Additionally, it found that “DOD does not have an action plan to address the generally negative employee perceptions of NSPS.” 9/12/2008
Are You Ready for E-Verify?, By Chris Johnson, Esq.
A proposed change in the Federal Acquisition Regulation will require most prime and subcontractors (through mandatory subcontractor flowdown requirements) to begin using the E-Verify system of the U.S. Customs and Immigration Service to confirm the legal status of employees working on federal contracts. 7/30/2008
Federal Government Contractors Must E-Verify Workers, by Michelle Sherman
On June 9, 2008, President George W. Bush amended Executive Order 12989 to require that federal government contractors use an electronic system to verify workers’ employment eligibility. Michael Chertoff, the secretary of Homeland Security, has designated E-Verify as the system of choice. 6/20/2008
Bloch Buster in the Making?, by Charlie Curran, Esq.
While the news of the FBI’s raid on the office and home of U.S. Special Counsel Scott Bloch on May 7, 2008, may not be headline news outside of Washington’s Beltway, the intrigue surrounding the infighting between two Executive Branch agencies of the federal government is causing quite a stir inside the federal city. 5/9/2008
Goodbye to All That, by Lucy Hunt
This week, the procurement community sadly bade farewell to GSA Administrator Lurita Doan, who resigned Wednesday. She sure kept things interesting, with her designer suits and powerful Shakespearean rhetoric. 5/2/2008
OPM Memorandum on Use of Advisory and Assistance Service Contracts and Waiver Authority
Section 834 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, requires the Office of Federal Procurement Policy (OFPP) and the Department of Defense to report separately to Congress on the use of advisory and assistance services (A&AS) contracts. In addition, section 834 authorizes the head of an agency to issue a waiver to extend a task order contract for A&AS contracts for a period of not more than ten years if the agency head makes certain written determinations. However, section 834 prohibits the issuance of a waiver if certain data, on the use of A&AS, is not submitted to Congress by
April 1, 2007. 4/1/2008
A-76 Cost Factor Adjusted Downward, by Charlie Curran, Esq.
The Office of Management and Budget recently announced that it was adjusting the
civilian position full fringe benefit cost factor used to compute the estimated
cost of government performance in public-private competitions conducted pursuant to
OMB Circular A-76. 3/29/2008
Alliant Contract Bid Protest Brings Alliant IT Work to an Abrupt Halt, by Charles Curran, Esq.
Are you still attaching talismanic significance to technical calculations that suffer from false precision? Apparently, you are not alone. In concluding that the GSA had done exactly that (slip op. at 3) in awarding its Alliant IT contract to twenty-eight “presumptive awardees,” Judge Allegra of the United States Court of Federal Claims upheld the protest of eight unsuccessful offerors and ordered further work under the awarded contracts immediately halted. 3/10/2008
GAO Releases Report on Pass-Through Charges at DoD, by Charlie Curran, Esq.
“We are recommending that as DOD finalizes its rule on avoiding excessive pass-through charges and develops guidance for assessing contractor value added, DOD (1) require contracting officials to take contract risk into account when determining the level of assessment needed, (2) require assessments of contractor value added be documented, and (3) involve DCAA and DCMA in facilitating assessments as appropriate.” 1/28/2008
OMB Launches USASpending.gov, Those in the Know Yawn, by Jason Lee-Bakke
Much has been made of OMB’s ahead-of-schedule launch of FedSpending.gov, a web-accessible database containing all federal government spending data. While any project completed on time should be cheered, the site, mandated by the Federal Funding Accountability and Transparency Act, hardly brings anything new to the table, and there are manifold other options for obtaining this data. 1/23/2008
And So the Acquisition Workforce Waits, by Charlie Curran, Esq.
One federal contracting issue where consensus seems to exist among industry,
government and policy makers alike is the need for government-wide training of
acquisition workforce personnel, particularly for those at the beginning of their years of
service in the field. 1/2/2008
Contractor, Convict Thyself, by Charlie Curran, Esq.
Nestled quietly within the subparts and sub-subparts of the proposed “contractor ethics” rule change to the FAR recently published in the Federal Register is language that should give both officers and directors of larger contractors and aficionados of constitutional law alike sleepless nights in the months to come. 12/11/2007
Final Rule Reporting on Contractor Ethics Gets Confused Treatment, by Jason Lee-Bakke
A final rule amending the FAR requires large-contract holders to act with honesty and integrity, codify their ethics policy, and in some cases, implement internal controls and training was announced on November 23, 2007. In an e-mail interview with GovExec, Paul Denett, federal procurement policy administrator at OMB, wrote, “These rules move us from well-established principles of contractor self-governance and voluntary disclosure to contractual requirements and mandatory disclosure.” 12/5/2007
Do Smalls Business Goals Sometimes Skew Agency Judgments in Planning for Acquisitions?, by Chris Johnson, Esq.
Disadvantaged small businesses should receive a fair share of federal contracts, and mandatory goals obviously are useful in assuring that disadvantaged businesses can obtain contracts. In awarding contracts however, agencies should recognize that supporting such the goals needs to be realistic in the context of the particular requirement, otherwise you may run into the type of problems that were highlighted in a recent report issued by the Department of Homeland Security Inspector General (the “DHS-IG”). 11/23/2007
Waiting for the WOSB Program (Or Will Godot Get Here First?), by Charlie Curran, Esq.
On December 21, 2000, Congress enacted the Equity in Contracting for Women Act of 200, 15 U.S.C. § 637(m), legislation which authorized the Small Business Administration (“SBA”) to establish a procurement program targeted in favor of women-owned small businesses, to be known as the Women-Owned Small Business Federal Contract Assistance Program (the “WOSB Program”). The final regulation implementing the WOSB Program is still yet to be released to the public, to the great consternation of WOSB advocates and business owners alike. Recent events indicate that we might not have too much longer to wait however. Or will we? 11/16/2007
Whither FitNet?, by Lucy Hunt
Regular readers of this blog will recall recent efforts to require that task orders between $3K and $100K on GSA schedules be set aside for small businesses. The Small Business Act, 15 U.S.C. sect. 644(j) (2000), requires all orders in that price range to be set aside, while the language of the FAR seems to exempt GSA task orders from the set-aside requirement. 11/9/2007
Changes to SBA Contracting Programs May Be Coming, by Brian Caney, Esq.
On October 18, the House Small Business Committee voted in favor of the Small Business Contracting Program Improvements Act of 2007 (HR 3867), which is intended to improve small business social-economic programs that assist women, service-disabled veterans, and other small disadvantaged businesses. 10/27/2007
Federal Contracting Workforce Survey, by Brian Caney, Esq.
The results of the 2007 Federal Contracting Workforce Competencies Survey have been released by OMB’s Office of Federal Procurement Policy and the Federal Acquisition Institute. Receiving most of the media attention is respondents’ indication that training is required on project management, government requirements definition and performance-based acquisition, contract administration requirements, performance management and metrics, negotiation skills, strategic planning, and resolution of contract disputes and closeouts. 10/26/2007
Contracting Shift at DoD, by Jim Phillips, Esq.
DOD has completed a study of its spending and plans to reduce its reliance on so-called “assistingagencies,” such as GSA and DOI, the Federal Times reported yesterday, October 19.
10/19/2007
Congratulations on Surviving the Fiscal Year End –Now What?, by Jim Phillips, Esq.
As I write this entry, it is the last Friday of the fiscal year and, with the exception of poor souls that must spend the weekend completing year end tasks, the next time we return to our offices, Fiscal Year 08 will be underway. And with that I can’t help wondering “what will the new year bring?” So I thought I’d write down and share what I believe will be some of the hot button issues for FY ’08. 9/28/2007
Labor Daydreamin', by Charlie Curran, Esq.
In honor of Labor Day and the end of yet another summer, we thought it was fitting to take a little break from the sturm and drang of the day-to-day government contracting life and focus on the broader issues; issues like life, liberty, happiness, success and, above all, comedy. In that vein, and as pretext for not actually doing any legal research in support of this week’s blog, I offer some well-crafted quotes from people much smarter (and quicker) than I am. 8/31/2007
The New T&M Rules for Service Contracts - Burdens and Benefits, by Chris Johnson, Esq.
The changes to the Federal Acquisition Regulations (“FAR”) applicable to Time and Material (“T&M”) and labor hour contracts present some needed clarification and benefits to contractors offering services to the Federal government. The changes amend FAR Subpart 16.6 and FAR Clause 52.232-7, and also add new FAR Clauses 52.216-30 and 52.216-31. In addition to the benefits, the changes also however present some additional selling and administrative burdens. 8/17/2007
Small Business Size Standard Rule Change Proposed, by Charlie Curran, Esq.
Small business owners should note that the Small Business Administration (“SBA”) has just issued a proposed rule change which would bring the way the agency calculates a organization’s size standards by number of employees more in line with the way the size standard is measured by average annual receipts. 8/4/2007
Industry Weighs in on DoD’s Interim Rule Regarding, by Chris Johnson, Esq.
Not surprisingly, several contractor groups, including the Aerospace Industries Association (“AIA”), the National Defense Industrial Association (“NDIA”), and the Professional Services Council (“PSC”), have forwarded extensive objections to the interim Department of Defense (“DoD”) subcontract pass-through rules intended to protect the government from paying excessive charges. 7/20/2007
Pretty Much Good Advice Pretty Much Ignored, by Charlie Curran, Esq.
This month’s issue of the ABA Journal contains an article by Jason Krause setting forth “101 tips, tricks and tools to make you a more productive, less stressed-out lawyer.” The advice applies pretty much universally to anyone in business today, and sets forth some really helpful advice regarding IT and technical tools and products that are available in the marketplace to help you in your daily battles. 7/6/2007
Legislation Needed to Protect Patent Holders, by Chris Johnson, Esq.
The Supreme Court’s refusal to hear the appeal of Zoltek Corporation (“Zoltek”) demonstrates that legislation is needed to protest U.S. patent holders against indirect infringement by foreign companies acting as subcontractors to Department of Defense (“DoD”) prime contractors. 7/2/2007
The Most Important Person In America?, by Charlie Curran, Esq.
Were anyone to attempt to compile a list of the people who most Americans considered to be among their most important countrymen today, the final list would no doubt include luminaries like George W. Bush, Hillary Clinton, Barack Obama, Nancy Pelosi, Bill Gates, Oprah Winfrey, Warren Buffett, Nancy Pelosi, Condoleezza Rice and, God-help-us, perhaps even Paris Hilton. 6/15/2007
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GSA/IDIQ Issues
Goodbye to All That, by Lucy Hunt
This week, the procurement community sadly bade farewell to GSA Administrator Lurita Doan, who resigned Wednesday. She sure kept things interesting, with her designer suits and powerful Shakespearean rhetoric. 5/2/2008
Whither FitNet?, by Lucy Hunt
Regular readers of this blog will recall recent efforts to require that task orders between $3K and $100K on GSA schedules be set aside for small businesses. The Small Business Act, 15 U.S.C. sect. 644(j) (2000), requires all orders in that price range to be set aside, while the language of the FAR seems to exempt GSA task orders from the set-aside requirement. 11/9/2007
Opening Soon: The Expressway to GSA (Schedule), by Charlie Curran, Esq.
The recent announcement that the General Services Administration, Federal Acquisition Service (FAS) is launching a pilot program to expedite the process for getting listed on the GSA Schedule was welcome and not entirely unexpected news. What was somewhat surprising, however, was the inclusion of the “General Purpose Commercial Information Technology Equipment, Software, and Services” Schedule 70 Special Item Numbers (SIN) within that program. 1/19/2007
New Legislation Aims to Heavily Regulate Purchase Card Usage, by Brian Caney, Esq.
The Senate unanimously passed an amended version of the Purchase Card Waste Elimination Act of 2006. This measure aims to “increase oversight and training for the use of federal purchase cards, in an effort to rein in reported spending abuses and boost the utilization of small businesses in government micro-purchases.” 6/9/2006
Section 803 Finally Lands—Now What Does It Mean?, by Jim Phillips, Esq.
The Department of Defense issued its final rule implementing Section 803 of the FY 2002 Defense Authorization Act. Section 803 required DOD to issue regulations to require greater competition when placing orders for services in excess of $100,000 under multiple award contracts. 1/15/2003
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Small Business Issues
Do Smalls Business Goals Sometimes Skew Agency Judgments in Planning for Acquisitions?, by Chris Johnson, Esq.
Disadvantaged small businesses should receive a fair share of federal contracts, and mandatory goals obviously are useful in assuring that disadvantaged businesses can obtain contracts. In awarding contracts however, agencies should recognize that supporting such the goals needs to be realistic in the context of the particular requirement, otherwise you may run into the type of problems that were highlighted in a recent report issued by the Department of Homeland Security Inspector General (the “DHS-IG”). 11/23/2007
Waiting for the WOSB Program (Or Will Godot Get Here First?), by Charlie Curran, Esq.
On December 21, 2000, Congress enacted the Equity in Contracting for Women Act of 200, 15 U.S.C. § 637(m), legislation which authorized the Small Business Administration (“SBA”) to establish a procurement program targeted in favor of women-owned small businesses, to be known as the Women-Owned Small Business Federal Contract Assistance Program (the “WOSB Program”). The final regulation implementing the WOSB Program is still yet to be released to the public, to the great consternation of WOSB advocates and business owners alike. Recent events indicate that we might not have too much longer to wait however. Or will we? 11/16/2007
Small Business Size Regulations
The U.S. Small Business Administration is amending its regulations to address the time at which size is determined for the purposes of long-term federal contracts. SBA is also amending its 8(a) Business Development regulations to address when a business concern may receive orders as an 8(a) program participant under GSA’s MAS Program and other multiple award contracts. 11/16/2006
New Legislation Aims to Heavily Regulate Purchase Card Usage, by Brian Caney, Esq.
The Senate unanimously passed an amended version of the Purchase Card Waste Elimination Act of 2006. This measure aims to “increase oversight and training for the use of federal purchase cards, in an effort to rein in reported spending abuses and boost the utilization of small businesses in government micro-purchases.” 6/9/2006
Breaking into Subcontracting, by Barbara Kinosky, Esq.
Changing market strategy is common in a changing economy. The most obvious change in the metropolitan Washington market is the number of companies that, following the decline of technology business, have turned their attention to government contracting. 10/18/2002
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Regulations
Is the FAR Coming to Wall Street?, by James Phillips, Esq.
Little noticed in the debate over the proposed mortgage debt bailout legislation is the following interesting contracting issue: Once the Government buys these mortgages from the troubled banks and financial institutions, who will manage those assets on behalf of the taxpayers, how will the managers be selected, and how will those contracts be administered? 9/26/2008
DOD Struggling on NSPS Implementation, by Jason Lee-Bakke
The Government Accountability Office has found that “while DOD has taken some steps to implement internal safeguards to ensure that [the National Security Personnel System] NSPS is fair, effective, and credible, the implementation of some safeguards could be improved.” Additionally, it found that “DOD does not have an action plan to address the generally negative employee perceptions of NSPS.” 9/12/2008
Are You Ready for E-Verify?, By Chris Johnson, Esq.
A proposed change in the Federal Acquisition Regulation will require most prime and subcontractors (through mandatory subcontractor flowdown requirements) to begin using the E-Verify system of the U.S. Customs and Immigration Service to confirm the legal status of employees working on federal contracts. 7/30/2008
Federal Government Contractors Must E-Verify Workers, by Michelle Sherman
On June 9, 2008, President George W. Bush amended Executive Order 12989 to require that federal government contractors use an electronic system to verify workers’ employment eligibility. Michael Chertoff, the secretary of Homeland Security, has designated E-Verify as the system of choice. 6/20/2008
OPM Memorandum on Use of Advisory and Assistance Service Contracts and Waiver Authority
Section 834 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, requires the Office of Federal Procurement Policy (OFPP) and the Department of Defense to report separately to Congress on the use of advisory and assistance services (A&AS) contracts. In addition, section 834 authorizes the head of an agency to issue a waiver to extend a task order contract for A&AS contracts for a period of not more than ten years if the agency head makes certain written determinations. However, section 834 prohibits the issuance of a waiver if certain data, on the use of A&AS, is not submitted to Congress by
April 1, 2007. 4/1/2008
A-76 Cost Factor Adjusted Downward, by Charlie Curran, Esq.
The Office of Management and Budget recently announced that it was adjusting the
civilian position full fringe benefit cost factor used to compute the estimated
cost of government performance in public-private competitions conducted pursuant to
OMB Circular A-76. 3/29/2008
GAO Releases Report on Pass-Through Charges at DoD, by Charlie Curran, Esq.
“We are recommending that as DOD finalizes its rule on avoiding excessive pass-through charges and develops guidance for assessing contractor value added, DOD (1) require contracting officials to take contract risk into account when determining the level of assessment needed, (2) require assessments of contractor value added be documented, and (3) involve DCAA and DCMA in facilitating assessments as appropriate.” 1/28/2008
And So the Acquisition Workforce Waits, by Charlie Curran, Esq.
One federal contracting issue where consensus seems to exist among industry,
government and policy makers alike is the need for government-wide training of
acquisition workforce personnel, particularly for those at the beginning of their years of
service in the field. 1/2/2008
Contractor, Convict Thyself, by Charlie Curran, Esq.
Nestled quietly within the subparts and sub-subparts of the proposed “contractor ethics” rule change to the FAR recently published in the Federal Register is language that should give both officers and directors of larger contractors and aficionados of constitutional law alike sleepless nights in the months to come. 12/11/2007
Small Business Size Regulations
The U.S. Small Business Administration is amending its regulations to address the time at which size is determined for the purposes of long-term federal contracts. SBA is also amending its 8(a) Business Development regulations to address when a business concern may receive orders as an 8(a) program participant under GSA’s MAS Program and other multiple award contracts. 11/16/2006
New Legislation Aims to Heavily Regulate Purchase Card Usage, by Brian Caney, Esq.
The Senate unanimously passed an amended version of the Purchase Card Waste Elimination Act of 2006. This measure aims to “increase oversight and training for the use of federal purchase cards, in an effort to rein in reported spending abuses and boost the utilization of small businesses in government micro-purchases.” 6/9/2006
Considerations on Limitations Permutations, by Charlie Curran, Esq.
Law.com defines a “statute of limitation” in part as “a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim.” Nothing in the law could appear to be simpler, especially when the claim in question would be based on a contract—just determine when the breach occurred, look up the statutory “maximum period” and do the math. 6/5/2006
Section 803 Finally Lands—Now What Does It Mean?, by Jim Phillips, Esq.
The Department of Defense issued its final rule implementing Section 803 of the FY 2002 Defense Authorization Act. Section 803 required DOD to issue regulations to require greater competition when placing orders for services in excess of $100,000 under multiple award contracts. 1/15/2003
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Protests/Claims
Alliant Contract Bid Protest Brings Alliant IT Work to an Abrupt Halt, by Charles Curran, Esq.
Are you still attaching talismanic significance to technical calculations that suffer from false precision? Apparently, you are not alone. In concluding that the GSA had done exactly that (slip op. at 3) in awarding its Alliant IT contract to twenty-eight “presumptive awardees,” Judge Allegra of the United States Court of Federal Claims upheld the protest of eight unsuccessful offerors and ordered further work under the awarded contracts immediately halted. 3/10/2008
False Claims Act Liability: It Could Happen to YOU, Not Just Your Company!, by Brian Caney, Esq.
Like with many pieces of seemingly well-intentioned and worthy legislation, courts that interpret the Act often take things too far and venture away from the true intent and policy behind the Act. In no context is this truer than the potential for you, as an individual, to be held liable for false claims that you submitted in your capacity as an owner, director, officer, and/or general signatory of your company. 1/15/2007
Reforms of Circular A-76 Award Decision Appeal Rights Ahead?, by Brian Caney, Esq.
On June 29, the House approved Amendment 1169 as part of the Fiscal Year 2007 Science, State, Justice and Commerce Appropriations bill. The Amendment prohibits agencies covered under the Bill from using appropriated funds to outsource federal jobs under processes set forth in the Office of Management and Budget’s Circular A-76. 7/14/2006
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Other Procurement News
Is the FAR Coming to Wall Street?, by James Phillips, Esq.
Little noticed in the debate over the proposed mortgage debt bailout legislation is the following interesting contracting issue: Once the Government buys these mortgages from the troubled banks and financial institutions, who will manage those assets on behalf of the taxpayers, how will the managers be selected, and how will those contracts be administered? 9/26/2008
Are You Ready for E-Verify?, By Chris Johnson, Esq.
A proposed change in the Federal Acquisition Regulation will require most prime and subcontractors (through mandatory subcontractor flowdown requirements) to begin using the E-Verify system of the U.S. Customs and Immigration Service to confirm the legal status of employees working on federal contracts. 7/30/2008
Federal Government Contractors Must E-Verify Workers, by Michelle Sherman
On June 9, 2008, President George W. Bush amended Executive Order 12989 to require that federal government contractors use an electronic system to verify workers’ employment eligibility. Michael Chertoff, the secretary of Homeland Security, has designated E-Verify as the system of choice. 6/20/2008
Bloch Buster in the Making?, by Charlie Curran, Esq.
While the news of the FBI’s raid on the office and home of U.S. Special Counsel Scott Bloch on May 7, 2008, may not be headline news outside of Washington’s Beltway, the intrigue surrounding the infighting between two Executive Branch agencies of the federal government is causing quite a stir inside the federal city. 5/9/2008
Goodbye to All That, by Lucy Hunt
This week, the procurement community sadly bade farewell to GSA Administrator Lurita Doan, who resigned Wednesday. She sure kept things interesting, with her designer suits and powerful Shakespearean rhetoric. 5/2/2008
OPM Memorandum on Use of Advisory and Assistance Service Contracts and Waiver Authority
Section 834 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364, requires the Office of Federal Procurement Policy (OFPP) and the Department of Defense to report separately to Congress on the use of advisory and assistance services (A&AS) contracts. In addition, section 834 authorizes the head of an agency to issue a waiver to extend a task order contract for A&AS contracts for a period of not more than ten years if the agency head makes certain written determinations. However, section 834 prohibits the issuance of a waiver if certain data, on the use of A&AS, is not submitted to Congress by
April 1, 2007. 4/1/2008
A-76 Cost Factor Adjusted Downward, by Charlie Curran, Esq.
The Office of Management and Budget recently announced that it was adjusting the
civilian position full fringe benefit cost factor used to compute the estimated
cost of government performance in public-private competitions conducted pursuant to
OMB Circular A-76. 3/29/2008
Alliant Contract Bid Protest Brings Alliant IT Work to an Abrupt Halt, by Charles Curran, Esq.
Are you still attaching talismanic significance to technical calculations that suffer from false precision? Apparently, you are not alone. In concluding that the GSA had done exactly that (slip op. at 3) in awarding its Alliant IT contract to twenty-eight “presumptive awardees,” Judge Allegra of the United States Court of Federal Claims upheld the protest of eight unsuccessful offerors and ordered further work under the awarded contracts immediately halted. 3/10/2008
GAO Releases Report on Pass-Through Charges at DoD, by Charlie Curran, Esq.
“We are recommending that as DOD finalizes its rule on avoiding excessive pass-through charges and develops guidance for assessing contractor value added, DOD (1) require contracting officials to take contract risk into account when determining the level of assessment needed, (2) require assessments of contractor value added be documented, and (3) involve DCAA and DCMA in facilitating assessments as appropriate.” 1/28/2008
OMB Launches USASpending.gov, Those in the Know Yawn, by Jason Lee-Bakke
Much has been made of OMB’s ahead-of-schedule launch of FedSpending.gov, a web-accessible database containing all federal government spending data. While any project completed on time should be cheered, the site, mandated by the Federal Funding Accountability and Transparency Act, hardly brings anything new to the table, and there are manifold other options for obtaining this data. 1/23/2008
And So the Acquisition Workforce Waits, by Charlie Curran, Esq.
One federal contracting issue where consensus seems to exist among industry,
government and policy makers alike is the need for government-wide training of
acquisition workforce personnel, particularly for those at the beginning of their years of
service in the field. 1/2/2008
Final Rule Reporting on Contractor Ethics Gets Confused Treatment, by Jason Lee-Bakke
A final rule amending the FAR requires large-contract holders to act with honesty and integrity, codify their ethics policy, and in some cases, implement internal controls and training was announced on November 23, 2007. In an e-mail interview with GovExec, Paul Denett, federal procurement policy administrator at OMB, wrote, “These rules move us from well-established principles of contractor self-governance and voluntary disclosure to contractual requirements and mandatory disclosure.” 12/5/2007
Waiting for the WOSB Program (Or Will Godot Get Here First?), by Charlie Curran, Esq.
On December 21, 2000, Congress enacted the Equity in Contracting for Women Act of 200, 15 U.S.C. § 637(m), legislation which authorized the Small Business Administration (“SBA”) to establish a procurement program targeted in favor of women-owned small businesses, to be known as the Women-Owned Small Business Federal Contract Assistance Program (the “WOSB Program”). The final regulation implementing the WOSB Program is still yet to be released to the public, to the great consternation of WOSB advocates and business owners alike. Recent events indicate that we might not have too much longer to wait however. Or will we? 11/16/2007
Whither FitNet?, by Lucy Hunt
Regular readers of this blog will recall recent efforts to require that task orders between $3K and $100K on GSA schedules be set aside for small businesses. The Small Business Act, 15 U.S.C. sect. 644(j) (2000), requires all orders in that price range to be set aside, while the language of the FAR seems to exempt GSA task orders from the set-aside requirement. 11/9/2007
Changes to SBA Contracting Programs May Be Coming, by Brian Caney, Esq.
On October 18, the House Small Business Committee voted in favor of the Small Business Contracting Program Improvements Act of 2007 (HR 3867), which is intended to improve small business social-economic programs that assist women, service-disabled veterans, and other small disadvantaged businesses. 10/27/2007
Federal Contracting Workforce Survey, by Brian Caney, Esq.
The results of the 2007 Federal Contracting Workforce Competencies Survey have been released by OMB’s Office of Federal Procurement Policy and the Federal Acquisition Institute. Receiving most of the media attention is respondents’ indication that training is required on project management, government requirements definition and performance-based acquisition, contract administration requirements, performance management and metrics, negotiation skills, strategic planning, and resolution of contract disputes and closeouts. 10/26/2007
Contracting Shift at DoD, by Jim Phillips, Esq.
DOD has completed a study of its spending and plans to reduce its reliance on so-called “assistingagencies,” such as GSA and DOI, the Federal Times reported yesterday, October 19.
10/19/2007
Congratulations on Surviving the Fiscal Year End –Now What?, by Jim Phillips, Esq.
As I write this entry, it is the last Friday of the fiscal year and, with the exception of poor souls that must spend the weekend completing year end tasks, the next time we return to our offices, Fiscal Year 08 will be underway. And with that I can’t help wondering “what will the new year bring?” So I thought I’d write down and share what I believe will be some of the hot button issues for FY ’08. 9/28/2007
Considerations on Limitations Permutations, by Charlie Curran, Esq.
Law.com defines a “statute of limitation” in part as “a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim.” Nothing in the law could appear to be simpler, especially when the claim in question would be based on a contract—just determine when the breach occurred, look up the statutory “maximum period” and do the math. 6/5/2006
Immigration Debate Continues to Impact Federal Contractors, by Brian Caney, Esq.
While the more publicized aspects of the President’s plan to overhaul America’s immigration laws include a plan to deploy the National Guard to the U.S. Mexico border and the establishment of a guest-worker program, federal contractors will also have the opportunity to capitalize on the continuing immigration debate. 5/19/2006
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