Federal Contracts Report Index-Summary

– – Deposition testimony of bias against incumbent (Fed. Cl.), 93:216 (6/22/10)
– – USAJOBS screenshot on data security, allowed in part (Fed. Cl.), 93:284 (4/13/10); award upheld due to price difference, 94:45

– Past performance

See PAST PERFORMANCE

– Proposal evaluations

See PROPOSAL EVALUATIONS

– Solicitations

See SOLICITATIONS

– Source selection

See SOURCE SELECTION

– Standing to sue

– – Food and beverage vendor contract, non-bidder's futility argument fails (Fed. Cl.), 93:377
– – HUD contract, offeror with no chance of success not interested party (Fed. Cl.), 94:244

– Task and delivery orders, FAR final rule, 93:223; status box, 93:230
– Time limits

See STATUTES OF LIMITATIONS

BID RIGGING

– Recovery Initiative, DOJ enforcement, BNA Insights, 94:53

BIDDER RESPONSIBILITY

– Federal Awardee Performance and Integrity Info. Sys.

– – Associated Gen. Contractors wants “high road” input, 93:418
– – FAR final rule, 93:245; status box, 93:256; experts discuss “high road” contracting policy, 93:270 (4/13/10); DOD class deviation, 93:332; CO procedures, FAR final rule, 94:328; status box, 94:340; DOD policy memo to procurement officials on compliance, 94:384
– – OMB proposed guidance, 93:136
– – Online availability of data

See LEGISLATION, FEDERAL, HR 4899

– – Project on Gov't Oversight files FOIA for records access, 93:332

– Space station cargo transportation services, de facto determination by source selection authority (Fed. Cl.), 93:379
– Subcontractors' experience cannot be used to satisfy RFP (Comp. Gen.), 93:465

BIDDING PROCEDURES

– DOT, competitive bidding waiver

See LEGISLATION, FEDERAL, HR 4874

– Durable medical equipment

– – CMS defends competitive program, 93:186; savings estimated at 32 percent, 94:10; House lawmakers' request for disclosure of participating suppliers denied, 94:230
– – Licensure, CMS final rule tightens requirements for DMEPOS suppliers, 94:224
– – Round One, 365 winning contract suppliers announced, 94:453; manufacturer questions creditworthiness of suppliers, 94:531

– Education Dep't proposed rule, 94:203; status box, 94:204
– Proposal evaluations

See PROPOSAL EVALUATIONS

– Solicitations

See SOLICITATIONS

– Standard Form 26, sealed bids, FAR rules

– – Header change, proposed, 94:241
– – Instructions, final rule, 93:230

BIOTERRORISM

– HHS unveils emergency medical countermeasures strategy, 94:202

BIS (BUREAU OF INDUSTRY AND SECURITY)

See generally COMMERCE DEPARTMENT

BLANKET PURCHASE AGREEMENTS (BPAs)

– Road maintenance and engineering, jurisdiction limits, BPA not contract (Comp. Gen.), 93:42
– Water handling services, no contract arose (CBCA), 94:159

BLM

See LAND MANAGEMENT BUREAU (BLM)

BONDS

– Davis-Bacon Act, DOL memo on standards for ARRA projects financed with tax-favored bonds, 93:416
– Equitable subrogation, surety has no standing to intervene in claims appeal (ASBCA), 94:159
– Miller Act claim, direct relationship with prime's subcontractor sufficient for jurisdiction (D.N.M.), 94:458
– Section 8(a) Improvements Act

See LEGISLATION, FEDERAL, S 3458

BONUSES

– FCA, retaliation claim for reduction, dismissal (E.D. La.), 94:434

BORDER PATROL

See CUSTOMS AND BORDER PROTECTION (CBP)

BPAs

See BLANKET PURCHASE AGREEMENTS (BPAs)

BRAZIL

– Ethical business conduct, IG to prepare list of firms, 93:284 (4/6/10)
– Iran, enriched uranium swap arrangement, U.N. counterproposal, 93:432

BREACH OF CONTRACT

– Auto accident of underinsured USPS contractor, no damages for injured parties (Fed. Cir.), 94:571
– Bifurcation of CDA damages claim from pre-award bid protest (Fed. Cl.), 93:60
– Contract administration, FAA did not breach good faith duty (3rd Cir.), 94:572
– Declaratory judgment, refusal to consider, dismissal motion moot (Fed. Cl.), 93:167
– Detention services, DOJ termination was breach of county's prison contract (Fed. Cl.), 94:140
– Facility clearance requirement, jurisdiction (ASBCA), 94:77
– FCA violations, BNA Insights, 94:580
– Foreign Sovereign Immunities Act, U.S. jurisdiction for broker services agreement breach by Iraq (E.D. Va.), 94:110
– Freight hauling, knowledge insufficient to establish mutuality of intent to contract with subcontractor (Fed. Cl.), 94:619
– Implied-in-fact

– – C-5 Galaxy aircraft modernization, jurisdiction over breach (Fed. Cl.), 94:244
– – GSA Advantage program award protest, applicability of CDA (ASBCA), 93:61
– – Zodiak products, jurisdiction (Fed. Cl.), 93:219 (6/22/10)

– LOGCAP III contract, DOJ complaint, employees armed and guards hired (D.D.C.), 93:269 (4/13/10)
– Non-substitution clause interpretation, replacement of software following termination (Fed. Cir.), 94:368
– Nuclear Waste Policy Act, jurisdiction for mandamus order on statutory interpretation not in conflict with breach claim (Fed. Cir.), 93:39
– Oral contracts, Arabic interpreter may sue Army and contractor (D.C. Cir.), 93:468
– Performance assessment scoring of Navy contractor, jurisdiction (ASBCA), 94:44
– “Precedent agreement” with pipeline provider is contract subject to CDA (CBCA), 94:286
– Res judicata, U.S. can pursue despite ASBCA litigation (6th Cir.), 94:536
– Timeliness

– – CDA period not jurisdictional and is subject to equitable tolling (D.C. Cir.), 94:156
– – Claim accrual cannot occur before contract formation (ASBCA), 93:147

– Trademark use under cooperative agreement, jurisdiction over claim (Fed. Cl.), 94:538

BRIBERY

– FCPA

See FOREIGN CORRUPT PRACTICES ACT (FCPA)

BUDGET, U.S.

See also specific agencies and departments
– American Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Defense budget

See DEFENSE BUDGET

– Earmarks

See EARMARKS

– FY 2010

– – Continuing Appropriations Act

See LEGISLATION, FEDERAL, HR 3081

– – Cybersecurity Enhancement Act

See LEGISLATION, FEDERAL, HR 4061

– – Intelligence Authorization Act

See LEGISLATION, FEDERAL, HR 2701, S 3611

– – Omnibus measure in doubt due to GOP opposition, 94:504
– – Supplemental Appropriations Act

See LEGISLATION, FEDERAL, HR 4899

– FY 2011

– – Administration proposal increases civilian workforce, 93:93; GOP urges President to send proposed cuts, 93:118; Senate Budget Comm. clears plan, approves amendment on war costs, 93:337
– – Continuing Appropriations and Surface Transportation Extensions Act

See LEGISLATION, FEDERAL, HR 3082

– – Continuing resolution

See LEGISLATION, FEDERAL, HJRes 101

– – Deficit reduction as top priority of administration, 94:615
– – Negotiations resume for must-pass legislation, 94:533
– – Senate Appropriations Comm. considers omnibus bill, 94:359

– Reduce and End our Deficits Using Commonsense Eliminations in the Energy Program Act

See LEGISLATION, FEDERAL, HR 5780

– Spending Control Act

See LEGISLATION, FEDERAL, HR 6448

BUNDLING

See CONTRACT BUNDLING

BURDEN OF PROOF

– FCA

– – Baghdad embassy construction, dismissal upheld (4th Cir.), 94:108
– – Mail fraud guilty plea insufficient (E.D. Ill.), 93:439

– Mistake, “clear and convincing” standard for correction of bid (Fed. Cl.), 93:60

BUREAU OF INDUSTRY AND SECURITY (BIS)

See generally COMMERCE DEPARTMENT

BUY AMERICAN ACT

– AFL-CIO official says no harm to supply chains due to waivers, 93:398
– American Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Costa Rica

– – DOD final rule on waiver, 93:59
– – FAR final rule allows for purchases if trade pact applies, 93:230
– – Presidential proclamation, 93:207 (6/22/10)

– Domestic nonavailability listing, FAR final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– FCA, GSA Advantage website statements about product compliance, specificity lacking (D. Mass.), 93:404
– Finland, DOD final rule, 93:485
– Information technology, commercial item, exemption, FAR interim rule, 94:340
– Jobs creation bill, inclusion of provision opposed by business groups, 93:73
– Legislation

– – Buses, Rail Cars, Ferryboats: Make it in America Act

See LEGISLATION, FEDERAL, HR 5791

– – Buy America Accountability Act

See LEGISLATION, FEDERAL, HR 5898

– – Congressional Made in America Promise Act

See LEGISLATION, FEDERAL, HR 2039, S 4019

– – Jobs Through Procurement Act

See LEGISLATION, FEDERAL, HR 6262

– – 21st Century Buy American Act

See LEGISLATION, FEDERAL, HR 4553

– Oman, FAR final rule allows for purchases if trade pact applies, 93:230
– Peru

– – DOD final rule on waiver, 93:59
– – FAR final rule allows for purchases if trade pact applies, 93:230

– U.S. Chamber of Commerce report on negative impact, 93:138

BYRD AMENDMENT

– American Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)