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Vol. 93, Nos. 1-24, pp. 1-492; Vol. 94, Nos. 1-23, pp. 1-628 Jan. 12- Dec. 28, 2010 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
ACCESS TO RECORDS
DOD contract awards, required information not provided (GAO-11-122R, 11/30/10), 94:529
DOE proposed rulemaking notice, 93:437 Earmark Transparency Act
Audits
See AUDITS
Proposal evaluation, joint venture's indirect cost rate structure (Comp. Gen.), 93:79
Army process review, 93:458
Bidding procedures
GAO report (GAO-10-588SP), 94:36
IG report on areas for improvement, 94:524 High-speed rail contract awards, DOT IG investigation, 93:10 House Armed Servs. Comm. hearing, Pentagon officials discuss management priorities, 94:93 Lead systems integrators
DHS interim rule on financial interest restrictions, 94:71; status box, 94:76
DOD final rule on use restrictions, 93:55; status box, 93:59
Dual award acquisition strategy, stop-gap measure, 94:614
Long-term operating cost estimates, report (GAO-10-257, 2/2/10), 93:92
Competition throughout life cycle, DOD interim rule, 93:157; status box, 93:163; final rule, 94:234; status box, 94:241
Cost growth, experts tell House panel how to reduce spending, 94:95 Costs and software data reporting system requirements, DOD proposed rule, 93:399 Make-or-buy analyses, additional DOD guidance recommended (GAO-11R-61R), 94:449 Special tooling for hardware, preservation and storage, DOD proposed rule, 93:399 NASA challenges to implement authorization law, 94:522 Quadrennial Defense Review, 2010, 93:112; independent panel faults strategy for underperforming activities, 94:151 Services contracts
Defense Threat Reduction Agency, FY 2008 list available, 93:339
DOD, FY 2009 list, 94:406 GSA FY 2011 budget, new inventory database, 93:367; OFPP guidance for civilian agencies, 94:475 Inconsistent methodologies used for defense agencies' inventories (GAO-10-350R), 93:113
Commercial practices, DOD use of, 93:30
Small Business Innovation Research program, data on effectiveness of technologies lacking (GAO-11-21), 94:478
Header change proposed, 94:241
Instructions, final rule, 93:230 VA performance, House subpanel hearing, 94:303 Weapon systems
Intellectual property, DOD final rule on assessments of long-term technical data needs, 93:8; status box, 93:11
Leadership key to success (GAO-10-522), 93:396 Product support reform, DOD report, 93:6
See also specific agencies and departments
Contracting out
See CONTRACTING OUT
See DEFENSE DEPARTMENT (DOD); specific service branches
See HILL WATCH
Army, rebuilding effort, oversight panel, 93:329
Best-value trade-off process, training need (GAO-11-8), 94:422 Coast Guard, improvements, 93:202 DCMA workers in Southwest Asia, training and certification, DOD IG, 93:272 (4/13/10) Defense Acquisition Univ. cannot meet training demand (GAO-11-22), 94:451 DOD Task Force on Wartime Contracting report, personnel shortages and inadequate business systems, 93:71 Federal Acquisition Institute Act Human capital planning, shortcomings in DOD civilian plan (GAO-10-814R), 94:336 IMPROVE Acquisition Act
Grant Thornton and PSC survey of government officials, guidance not perceived as actionable, 94:476
Strategic plan (GAO-10-459R), 93:368 Skills emphasis when insourcing jobs, DOD Bus. Bd. recommends, 93:134 Small business
Bivens action against USDA, statutory remedies for alleged retaliation against bidder not pursued (D. Idaho), 94:485
Land lease, no jurisdiction over non-procurement bid protest (Fed. Cir.), 93:190 Options, inappropriate jurisdictional basis for contract nonrenewal (Fed. Cl.), 93:16
Sovereign immunity waiver for judicial review of Nuclear Waste Policy Act (Fed. Cir.), 93:39
Airbus, WTO panel's final ruling in subsidy dispute expected, 93:232; U.S. key claims upheld, 93:258; impact uncertain, 93:310; defense budget bill report requirement, 93:454; panel report, Airbus needed subsidies to compete, 94:14; EU to file appeal, 94:41; appeal expected, 94:106; USTR appeals, 94:202; delay expected, 94:312
Boeing
Indian Air Force deal announced, 94:482
Refueling tanker, clerical error, swap of source selection data, 94:523 Secure Border Initiative performance, DHS failure to monitor, 94:401 Subsidies, WTO panel delays interim report, 94:42; preliminary ruling upholds key EU claims, 94:281 Lockheed Martin
Conflict of interest, business unit divestiture, 93:458
SOCOM logistics support award, 93:439 (6/29/10)
Refueling tanker, no bid, 93:177; EU concern over withdrawal, 93:211
Washington Metro Area relocation, 93:11; Va. selected, 93:373
EADS has 60 days to bid, 93:269 (4/6/10); senators' extension concerns, 93:273 (4/13/10); EADS will compete, 93:331; clerical error, swap of source selection data, 94:523
IRIS Independent Research paper focuses on companies and job creation, 94:401 Northrop Grumman, no bid, 93:177; EU concern over withdrawal, 93:211
Active case management procedures discontinued, OFCCP directive, 94:590
Disabled persons, OFCCP requests rulemaking comments for Rehabilitation Act, §503 obligations, 94:98; status box, 94:105 Health care providers, government contractor/subcontractor status
Complacency dangers, FCR Analysis, 93:285 (4/13/10)
Natl. Employment Law Inst. conference, OFCCP power over providers, 94:404 OFCCP expands jurisdiction, 94:132 Labor law violations, contractors given awards despite prior history (GAO-10-1033), 94:380; disagreement on automatic debarment, 94:429; lawyers discuss impact, BNA Insights, 94:512 Outreach by OFCCP, 94:182 Recordkeeping, management attorneys recommend documentation of compliance during hiring, 94:380 Veterans
FAR interim rule to implement DOL's EEO provisions, 94:330
FCA claim based on FOIA request (2d Cir.), 93:281 (4/13/10) House subpanel hearing on contractors' outreach and recruitment, 94:333
Budget
Contingency contracts, improved oversight needed to avoid conflicts (GAO-10-357), 93:334 Contracting activities
CRS report, 94:33
DOD to provide data to GAO, 93:139 Criminal activities
Class deviation identifies DOD authorities to which contractors report, 94:230
Sexual assaults, DOD IG wants contracts to require training on prevention and reporting, 93:333
DOD contracting may hamper counterinsurgency effort, lawmaker says, 93:197 (6/22/10); SASC report, poor oversight endangers troops, 94:356
FCA complaint not pled with particularity (E.D. Va.), 94:78 President Karzai's decree to remove contractors supported by SASC chair, 94:199; Karzai says decision is final and conclusive , 94:220 Stop Outsourcing Security Act
Contracting activities report on obligation of $17.7B to 7000 contractors in FY 2007-2009, 94:425
Investigations not meeting professional standards, peer review, 94:98 Replacement urged by senators, 94:304; McCaskill (D-MO) critical of Fields' performance, 94:497 Surge viewed as opportunity to improve reconstruction programs, letter, 93:112 TAA waiver for South Central, South Asian countries, proposed rule, 93:9; status box, 93:11 Task Force on Wartime Contracting report, personnel shortages and inadequate business systems, 93:71 Wartime Contracting Comm'n
Acquisition workforce size, need to increase, 94:274
Subcontracting pricing issues, DCAA Dir. discusses, 94:126
Buy American Act, official asserts no harm to supply chains, 93:398
Sudan, restricted business operations, FAR proposed rule on waivers, 94:361
See specific agencies
China, Joint Comm'n on Commerce and Trade agreements, 94:598
USDA
Biobased products, proposed rule adds items to preferred procurement list, 93:118; status box, 93:119; final rule, 94:407
Default termination, hurricane and financial issues not excusable delay (CBCA), 93:214 Forest Serv.
See FOREST SERVICE
C-5 Galaxy aircraft modernization, jurisdiction over breach (Fed. Cl.), 94:244
Certification of claim correctable, jurisdiction (ASBCA), 94:601 Combat Search and Rescue Helicopter (CSAR-X) task orders, IG criticism, 93:414 Competitive range exclusion due to Excluded Parties List Sys. listing (Fed. Cl.), 94:187 Contracting out, FY 2010 budget act provision, NAFI employees not covered by A-76 (Comp. Gen.), 94:160 Default termination not justified, prefabricated building contractor entitled to EAJA fees (Fed. Cl.), 94:388 Equitable subrogation, surety has no standing to intervene in claims appeal (ASBCA), 94:159 F-22 fighter aircraft, Lockheed does not owe price adjustment (Fed. Cir.), 93:214 (6/22/10); cost impact statements, BNA Insights, 94:318 FCA, jet engine contract and invoices can constitute claim even when limit period has run (6th Cir.), 94:536 Insourcing decision for IT services, COFC jurisdiction (W.D. Tex.), 94:485 KC-X refueling tanker
Clerical error, swap of source selection data, 94:523
Defense Level Playing Field Act Northrop Grumman will not bid, 93:177; EU concern over Northrop/EADS withdrawal decision, 93:211; EADS has 60 additional days to bid, 93:269 (4/6/10); senators' extension concerns, 93:273 (4/13/10); EADS will compete, 93:331 RFP issued, 93:154 U.S. Aerospace bid properly rejected for lateness (Comp. Gen.), 94:387; firm will not pursue bid, 94:399 Options, CICA challenge, U.S. enjoined from obtaining work under contract (Fed. Cl.), 93:487; correction, 93:219 (6/22/10) Performance rating dispute, jurisdiction over claim (ASBCA), 93:441 Post-award debriefings, memo on disclosure of unit prices, 93:31 Proposal evaluations, substantial confidence assessment upheld (Fed. Cl.), 94:370 Small business
HUBZone program not considered, solicitation for 8(a) set-aside improper (Comp. Gen.), 93:439; injunction to terminate contract (Fed. Cl.), 94:206
Mentor-protege clause, improper set-aside exclusion (ASBCA), 93:262 Standing to challenge decision to cancel §8(a) program credit report requirement and use FSS (Fed. Cl.), 94:207 Super Bowl ticket, full value paid, source selection bias unproven (Fed. Cl.), 94:315 Suspension of L-3 Communications division pending investigation possible e-mail misuse, 93:439 (6/29/10); lifted, 94:153 Termination offer not full relief, appeal on impossible specification claim (ASBCA), 93:422 Trademark use under cooperative agreement, jurisdiction over breach claim (Fed. Cl.), 94:538 Wage determination, personnel lacked authority for deviation (ASBCA), 94:369
Aerospace industry
FAA
Army Contracting Command Headquarters, relocation to Redstone Arsenal, 93:9
Bid proposal preparation and contract administration, in-house labor claim (ASBCA), 93:101
Collective bargaining, FAR proposed rule disallows costs related to influencing employees, 93:304; business group opposes, 93:200 (6/22/10); status box, 93:313 Defense costs for claims resulting in liability not allowable (CBCA), 94:619 Defined benefit plans, disallowance, FAR rule considered, 93:391 Executive compensation
OMB benchmark notice, 93:313
Project on Gov't Oversight urges broader employee coverage for cap limits, 93:370
ATK Thiokol's costs properly chargeable (Fed. Cir.), 93:260
Clarity on classification of costs, FCR Analysis, 93:286 (4/6/10)
DOD repeals provision, final rule, 94:179; status box, 94:185
FAR interim rule, ABA recommendations, 93:159; issued, 94:556; status box, 94:567
FERA retroactivity clause, applicability to FCA (D. Mass.), 93:404
Waiver of right to challenge price evaluation (Fed. Cl.), 94:485
See AFL-CIO
Buy American mandate
AFL-CIO official says no harm to supply chains due to waivers, 93:398
Canadian Ambassador and USTR discuss, 93:37; tentative agreement reached, 93:121; groups criticize, 93:142; OMB interim guidance amended to reflect accord, 93:254; status box, 93:256 Construction materials, iron and steel, FAR final rule, 94:228; status box, 94:241
Delay on projects due to funding requirements, report (GAO-10-383), 93:161
DOL memo on standards for projects financed with tax-favored bonds, 93:416 FAR final rules
IG and GAO review of contract awards, 93:199 (6/22/10); status box, 93:207 (6/22/10)
Publication of contract actions, 93:199 (6/22/10); status box, 93:207 (6/22/10) Whistleblower protections, 93:199 (6/22/10); status box, 93:207 (6/22/10) HHS, House panel examines claims of access denial to small, minority- and women-owned firms, 93:332 Recovery.com, website move to cloud saves money, 93:419 Reporting
Compliance for agencies, presidential memo, 93:270 (4/13/10); OMB updated guidance, 93:395; disclosure nearly 100 percent in latest report, 94:383
Subcontracts, first-tier, information for contracts over $25K, interim FAR rule, 94:8; status box, 94:12; rule requires public disclosure of awards and executive compensation, 94:32; status box, 94:40; correcting amendment, 94:105; industry group criticizes burdensome requirements, 94:218; industry group criticizes lack of key definitions, 94:232 Tax Extenders Act
Locality pay area, OPM interim rule, 94:344
Claim for labor expenses, GSA contractor's hourly rates interpretation rejected (CBCA), 94:245; interest on unpaid invoices, 94:511
Implied-in-fact contract, judgment on pleadings denied (ASBCA), 93:125
Mobile home sales, possible amended complaint (M.D. Ga.), 93:236
Mergers and acquisitions
See TEXTILE INDUSTRY
Accelerated procedures, individual claims under $100K allowed (ASBCA), 93:441
Collateral order doctrine review, Iraq shooting, jurisdiction over interlocutory appeal (5th Cir.), 93:341 DOE notice of proposed rulemaking, 94:12 Election doctrine bars, claims not distinct (Fed. Cl.), 93:467 Eligibility determinations, SBA proposed rule, 93:163 FCA, 30-day deadline on action filed without government intervention (9th Cir.), 93:144; (U.S., rev den), 94:367 Stay of action, same contract in district court suit (ASBCA), 93:281 (4/6/10)
Mandatory arbitration of contractor employees' sexual harassment and bias claims, DOD
Class deviation, Defense Appropriation Act provision, 93:135
Industry group requests clarification, 93:49 Interim rule restricts pacts for contracts over $1M, 93:428; status box, 93:437; final rule, 94:557; status box, 94:567
Hazardous-waste services, Army Corps of Eng'rs to clarify proposal evaluation ratings (Fed. Cl.), 94:459
Payment withholding, final FAR rule on CO discretion when applying to fixed-price contracts, 93:230 Small business set-asides, DOD reinstates, 93:206 (6/22/10)
Sovereign acts doctrine, work restrictions not public and general (GAOCAB), 93:443 (6/29/10)
Ed. Note: For ASBCA decisions, see specific subject headings.
Charter update, 93:256
TAA waiver, DOD proposed rule, 93:9; status box, 93:11
WTO's Gov't Procurement Agreement, accession, 93:142
Blackwater Worldwide, arms export violations settlement, 94:203; lawmaker expresses concern, 94:221
Acquisition management, review, 93:458
Acquisition workforce rebuilding effort, oversight panel, 93:329 Breach claims
Arabic interpreter may sue department and contractor (D.C. Cir.), 93:468
Implied duty of cooperation, specifications and withheld information (ASBCA), 93:212 Certification on claim lacking, no jurisdiction on appeal (ASBCA), 94:435 Commercial Items clause and excusable delays, failure to timely deliver (ASBCA), 93:79 Competitive range, Rapid Response Third Generation contract, exclusion for unacceptable rating (Fed. Cl.), 93:467 Contract payments
Funding allocation flawed, contractor still entitled to full payment (CBCA), 94:208
Indirect costs for subcontractor, jurisdiction, submission of claim cannot be used to circumvent payment procedures (ASBCA), 94:600 Corps of Engineers Default termination
Bottled water contract, delay before termination not unreasonable, no waiver of delivery date (ASBCA), 94:369
Stay due to pending FCA suit rejected due to stigma to appellant (ASBCA), 94:111 Final decision, CO letter contained no sum certain demand and no reference to final decision (ASBCA), 93:403 FOIA, unit pricing disclosure, substantial competitive harm (D.D.C.) , 93:190 Government contractor defense, mortar shell explosion liability (D. Haw.), 94:574 ID/IQ contracts, Afghan police task orders outside scope (Comp. Gen.), 93:234 Laches, dismissal of lost profits claim upheld, 12-year delay (ASBCA), 94:412 Proposal evaluations
Health care services contract, irreparable injury (Fed. Cl.), 93:410
Health information management services, transition plan and milestones (Comp. Gen.), 93:281 (4/13/10) Man-portable aircraft survivability trainer system, errors (Comp. Gen.), 94:571 Patent error and ambiguity, waiver of right to challenge price evaluation (Fed. Cl.), 94:485 Price realism analysis on Fort Sill contract (Fed. Cl.), 93:99 Visual information services, SCA exemption for technical jobs (Fed. Cl.), 93:77 Self-protective adaptive roller kit system
HUBZone program not considered, sole source procurement improper (Fed. Cl.), 93:191
Small business, upheld, sufficient market research (Fed. Cl.), 93:489 Wage determination, personnel lacked authority for deviation (ASBCA), 94:369 Waiver of setoff right, payment of bills without objection insufficient (Fed. Cl.), 93:192; retroactive application of FERA provisions in error, reconsideration still denied (D.D.C.), 93:402
Arlington cemetery, IT contracts
Bridge contract extension denial, no jurisdiction over claims (Fed. Cl.), 93:377 Conflicts of interest, hospital renovation contract restored to protester (Fed. Cl.), 94:109; stay denied, 94:368 Continuing Contracts funding clause, proposed rule on interim clause for civil works projects, 93:35; status box, 93:36 Contractor performance assessment reports
Claim, letter to CO over critical report insufficient notice under CDA (Fed. Cl.), 93:488
Proposal evaluation, adverse ratings not considered (Comp. Gen.), 93:444 (6/29/10) Default termination, construction completion date not waived (ASBCA), 94:539 Force protection services, bid protest moot due to corrective action, injunctive relief denial (Fed. Cl.), 93:282 (4/13/10) Good faith and fair dealing claims, no coercion or fraud in release (Fed. Cl.), 93:262 Government contractor defense, specifications lacking, backfill led to flooding (5th Cir.), 94:284 Hazardous-waste services, proposal evaluation ratings to be clarified (Fed. Cl.), 94:459 Hurricane rebuilding contracts lacked subcontracting oversight (GAO-10-723), 94:200 Iraq oil infrastructure, transfer of contract does not negate obligation to pay (ASBCA), 94:573 Options, ADRA inappropriate jurisdictional basis for contract nonrenewal (Fed. Cl.), 93:16 Overpayments, U.S., not required to file separate claim, district court may only assess finality of order (E.D. Tex.), 94:387 Reformation of price, mistake and breach of duty to disclose superior knowledge, deviation from RFP (ASBCA), 93:403 Task orders, ineligibility based on inadequate legal opinion (Fed. Cl.), 94:538
Acquisition workforce, DCMA workers in Southwest Asia, DOD IG, 93:272 (4/13/10)
Afghanistan
See AFGHANISTAN
See CHINA
See JAPAN
South Korea
See SOUTH KOREA
Taiwan
See TAIWAN
Claims, surety has no standing to intervene in appeal (ASBCA), 94:159
Fees
See ATTORNEYS' FEES
Administrative offset against litigant's preexisting debts to U.S. (U.S., dec), 93:217 (6/22/10)
Allowable costs, litigation expenses for claims resulting in liability not allowable (CBCA), 94:619 Design defect, expenses related to reimbursement VA construction contractor's claim (CBCA), 93:168 Engineering firm's award improper when U.S. had substantial case (7th Cir.), 93:166 FCA relator's frivolous suit (E.D. Va.), 93:421 Open EAJA Act Reclamation Bureau's legal position not substantially justified (Fed. Cl.), 93:235 Supplement to record, EAJA applicant may submit itemized statement (Fed. Cl.), 94:207 Voluntary rescission of claim by U.S., appellant not prevailing party under EAJA (ASBCA), 94:78
Corrective action unlawful (Fed. Cl.), 94:286; resolicitation prejudicial, 94:486
Accounting software limitations, BNA Insights, 94:289
Buy America Accountability Act Government Auditing Standards (Yellow Book), draft, availability, 94:279 IGs, by
CMS weaknesses identified, GAO report, 93:275 (4/6/10)
Federal/state funding guidance, HHS proposed rule, 94:481
Army Corps of Engineers' determination process insufficient, DOD IG, 93:274 (4/6/10)
DOD proposed rule revises evaluation and payment guidance, 93:371; status box, 93:375; interim rule, 94:474; status box, 94:481 FAR final rule links fees with acquisition outcomes, 94:327; status box, 94:340 Job safety violations and negligence, fee reduction, DOD class deviation memo, 93:373
TAA waiver, DOD proposed rule, 93:9; status box, 93:11
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