Federal Contracts Report Index-Summary

CALENDAR OF EVENTS

– Lists of meetings and seminars, 93:13; 93:107; 93:127; 93:170; 93:194; 93:215; 93:228 (6/22/10); 93:238; 93:278 (4/6/10); 93:405; 93:445 (6/29/10); 94:25; 94:120; 94:143; 94:173; 94:193; 94:210; 94:260; 94:292; 94:321; 94:349; 94:372; 94:393; 94:417; 94:441; 94:467; 94:490; 94:547; 94:583; 94:603; 94:626

CALIFORNIA

– Qui tam suits, state committee report, no prior disclosure bar (9th Cir.), 94:43

CAMPAIGN FINANCE

– Democracy Is Strengthened by Casting Light On Spending in Elections (DISCLOSE) Act

See LEGISLATION, FEDERAL, HR 5175, S 3295, S 3628

– Earmarks, reform coalition proposes linking contribution restrictions to special-project funding, 94:332
– Fair Elections Now Act

See LEGISLATION, FEDERAL, HR 1826, S 752

– No Taxpayer Money for Corporate Campaigns Act

See LEGISLATION, FEDERAL, HR 4550

CANADA

– Buy American mandate, Ambassador and USTR discuss, 93:37; tentative agreement, 93:121; groups criticize, 93:142; OMB interim guidance, 93:254; status box, 93:256; Ambassador criticizes buy local policies, 93:284 (4/6/10)

CANCELLATION

– Office space solicitation, GSA action improper, no evidence that next offeror unacceptable (Comp. Gen.), 93:487
– Temporary housing unit support services, FEMA's action upheld (Fed. Cl.), 93:281 (4/6/10)

CAS

See COST ACCOUNTING STANDARDS (CAS)

CASB (COST ACCOUNTING STANDARDS BOARD)

See generally COST ACCOUNTING STANDARDS (CAS)

CBP

See CUSTOMS AND BORDER PROTECTION (CBP)

CDA (CONTRACT DISPUTES ACT)

See generally CLAIMS

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

– Conflicts of interest mitigation plan, CO acceptance of plan defective and exchanges with firm not discussions (Comp. Gen.), 93:124
– Contract management

– – Reform implementation (GAO-10-71), 93:369
– – Senate hearing, GAO questions effectiveness, 93:370

– Durable medical equipment

– – Competitive program defended, 93:186; savings estimated at 32 percent, 94:10; House lawmakers' request for disclosure of participating suppliers denied, 94:230
– – Licensure, 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

– Medicare contractor satisfaction, survey, 93:301
– Recovery audit contractor program

– – Federal/state funding guidance, HHS proposed rule, 94:481
– – Weaknesses of agency identified, GAO report, 93:275 (4/6/10)

CENTRAL AMERICA

– Costa Rica

See COSTA RICA

– Panama, U.S. free trade agreement passage urged by GOP lawmakers, 93:74

CENTRAL INTELLIGENCE AGENCY (CIA)

– Intelligence Authorization Act

See LEGISLATION, FEDERAL, HR 2701, S 3611

CERTIFICATES AND CERTIFICATION

– Acquisition workforce

– – DCMA workers in Southwest Asia, DOD IG, 93:272 (4/13/10)
– – Small Business Training in Federal Contracting Certification Act

See LEGISLATION, FEDERAL, S 3444

– All-American Flag Act

See LEGISLATION, FEDERAL, HR 2853

– Claims

– – Refuse services, defective certification correctable, jurisdiction (ASBCA), 94:601
– – Signed certification lacking, no jurisdiction on appeal (ASBCA), 94:435

– Cloud computing, GSA issues guidelines for agency use, 94:451
– Cybersecurity certification program for service providers, FCC proposal, 94:383
– FCA, implied certification

– – Conflict of interest, contractor must withhold information about noncompliance (D.C. Cir.), 94:569; BNA Insights, 94:575
– – Health care fraud, improperly alleged but dismissal improper where complaint may be amended (5th Cir.), 94:456
– – Medicare billing, claims upheld (9th Cir.), 94:189

– FCPA, action taken prior to contract awards

See LEGISLATION, FEDERAL, HR 5837

– Federal Contracting and Oversight Act

See LEGISLATION, FEDERAL, HR 5726, S 3323

– Forced child labor prohibition, updated product list, E.O. 13,126, DOL notice, 94:105; comments request, status box, 94:595; correction, status box, 94:618
– Forfeiture of contractor defenses under Maropakis, BNA Insights, 94:112
– Interagency contracts, DOD final rule limits procurement through non-DOD agencies, 93:114; status box, 93:119
– Iran

– – Comprehensive Iran Sanctions, Accountability, and Divestment Act

– – – Bills

See LEGISLATION, FEDERAL, HR 2194, S 2799

– – – Law

See COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT ACT (CISADA)

– – FAR, sanctionable business contact

– – – GSA official says revisions expected, 94:131
– – – Interim rule, 94:330; status box, 94:340

– Multiyear contracts, DOD interim rule on authority, 93:162; status box, 93:163; final rule, 94:234; status box, 94:241
– Prevailing wages, motion to amend $1.66M FCA judgment untimely (M.D. Tenn.), 94:19
– Reporting, annual representations and certifications, DOD final rule, 93:399
– Sudan, restricted business operations, FAR proposed rule on waivers, 94:361
– Voluntary Private Sector Preparedness Accreditation and Certification Program standards, DHS adoption, 93:205 (6/22/10); status box, 93:207 (6/22/10)
– Women-owned firms, set-asides in underrepresented industries, SBA proposed rule, 93:177; final rule, 94:355; status box, 94:361; small entity compliance guide, 94:424

CHANGES

– Constructive change, dismissal of claim for lack of jurisdiction, expenses not submitted to CO (CBCA), 93:343
– Cost proposals, payment requests sufficient for claim (CBCA), 94:19
– Declaratory judgment on lease, breach claim refusal, dismissal motion moot (Fed. Cl.), 93:167
– Modifications

See MODIFICATIONS

– Subcontractor's hiring, no additional cost liability for U.S. (Fed. Cl.), 93:145
– Unpriced change orders subject to oversight, DOD final rule, 94:182; status box, 94:185

CHARITABLE ORGANIZATIONS

See NONPROFIT ORGANIZATIONS

CHILD LABOR

– Forced labor prohibition, updated product list, E.O. 13,126 certification, DOL notice, 94:105; comments request, status box, 94:595; correction, status box, 94:618

CHINA

– Government procurement rules

– – “Indigenous products” preference, criticism, 93:120
– – Reciprocal Government Procurement with China Creates American Jobs Act

See LEGISLATION, FEDERAL, HR 5312

– – WTO Gov't Procurement Agreement

– – – China Fair Trade Act

See LEGISLATION, FEDERAL, S 3505

– – – Market access, official says revised offer unlikely to satisfy partners, 93:462; U.S. demands improved offer, 94:408

– Iran sanctions, senators' opposition to legislative exclusion, 93:227
– Joint Comm'n on Commerce and Trade agreements, 94:598
– Rare earth, de facto embargo of Japan, DOD assessment sought, 94:362

CIA

See CENTRAL INTELLIGENCE AGENCY (CIA)

CICA

See COMPETITION IN CONTRACTING ACT (CICA)

CLAIM PRECLUSION

See RES JUDICATA

CLAIMS

– Allowable costs

See ALLOWABLE COSTS

– Appeals

– – Accelerated procedures, individual claims under $100K allowed (ASBCA), 93:441
– – Election doctrine bars, claims not distinct (Fed. Cl.), 93:467
– – Stay of, same contract in district court suit (ASBCA), 93:281 (4/6/10)

– Attorneys' fees

See generally ATTORNEYS' FEES

– Bifurcation of CDA damages claim from pre-award protest (Fed. Cl.), 93:60
– Blanket purchase agreements, water handling services, no contract arose (CBCA), 94:159
– BLM Contract Extension Act

See LEGISLATION, FEDERAL, HR 3759

– Breach of contract

– – Declaratory judgment denied, dismissal motion moot (Fed. Cl.), 93:167
– – Facility clearance requirement, loss profits claim, jurisdiction (ASBCA), 94:77
– – Implied contracts

See Implied-in-fact contracts, this heading

– – Knowledge insufficient to establish mutuality of intent to contract with subcontractor (Fed. Cl.), 94:619
– – 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 claim (Fed. Cir.), 93:39
– – “Precedent agreement” with pipeline provider is contract subject to CDA (CBCA), 94:286
– – Timeliness

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

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

– Bridge contract extension denial, restraining order not granted (Fed. Cl.), 93:377
– Changes

– – Cost proposals, payment requests sufficient (CBCA), 94:19
– – Forest Serv. claim, expenses not submitted to CO (CBCA), 93:343
– – Subcontractor's hiring, no additional cost liability for U.S. (Fed. Cl.), 93:145

– Conspiracy claims, defendants who pled guilty cannot contest U.S. loss damages (E.D. Va.), 94:509
– Contract payments, flawed funding allocation, Army contractor still entitled to full payment (CBCA), 94:208
– Defense Base Act

See generally DEFENSE BASE ACT (DBA)

– Delays

– – Bottled water contract, delay before termination not unreasonable, no waiver of delivery date (ASBCA), 94:369
– – Breach of implied duty of cooperation, specifications and withheld information (ASBCA), 93:212
– – Damages claim defense and time extension request insufficient for CDA jurisdiction (Fed. Cir.), 93:441 (6/29/10); distinction between affirmative claim and factual defense eroded, BNA Insights, 94:81

– Design defect costs denial for VA construction contractor (CBCA), 93:168
– Differing site conditions foreseeable, Forest Serv. contractor denied (Fed. Cl.), 94:413
– Easement relocation in exchange for road improvement, no CDA coverage, contract not procurement (Fed. Cl.), 94:389
– Equitable subrogation, surety has no standing to intervene in claims appeal (ASBCA), 94:159
– Final decision

– – Documentation and address to CO, letter to USPS insufficient for claim (Fed. Cl.), 94:343
– – Negotiation of payment sought by letter not CO's final decision, no jurisdiction over appeal (CBCA), 94:509
– – Sum certain

See Sum certain, this heading

– Flag vessel shipments, U.S. did not provide notice of transport rules interpretation, equitable adjustment (CBCA), 94:342
– Foreign Sovereign Immunities Act, broker services agreement breach by Iraq, U.S. jurisdiction (E.D. Va.), 94:110
– Forfeiture of noncertified contractor defenses under Maropakis, BNA Insights, 94:112
– Holiday and vacation days, labor expenses, GSA contractor's hourly rates interpretation rejected (CBCA), 94:245; interest on unpaid invoices, 94:511
– Implied-in-fact contracts

– – Land lease, jurisdiction, no authority over non-procurement bid protest (Fed. Cir.), 93:190
– – Protective clothing contractor's complaint sufficient for claim (ASBCA), 93:125
– – Zodiak products, breach of confidentiality and contract, jurisdiction (Fed. Cl.), 93:219 (6/22/10)

– Indirect costs for subcontractor, submission of claim cannot be used to circumvent payment procedures (ASBCA), 94:600
– Interest, CDA not applicable to DCMA prospective obligation agreement (Fed. Cl.), 93:411
– Lost profits, laches dismissal upheld, 12-year delay (ASBCA), 94:412
– Overpayments, U.S., not required to file separate claim, district court may only assess finality of order (E.D. Tex.), 94:387
– Performance rating disputes

– – Assessment report, letter to CO over critical report insufficient notice under CDA (Fed. Cl.), 93:488
– – Jurisdiction

– – – Navy claim (ASBCA), 94:44
– – – USAF claim (ASBCA), 93:441

– Pre-award claim, Army's termination of contract without discussions and reissuance of solicitation upheld (Fed. Cl.), 94:245
– Prompt payment, no “just reason” for U.S. payment delay to construction contractor, final judgment (Fed. Cl.), 93:213
– Qui tam suits

See QUI TAM SUITS

– Res judicata and collateral estoppel do not bar transit contractor's claims (D.D.C.), 94:287
– Signature, certification lacking, no jurisdiction on appeal (ASBCA), 94:435
– Sovereign acts doctrine, AOC work restrictions not “public and general” (GAOCAB), 93:443 (6/29/10)
– Statutes of limitations

– – Breach of contract, CDA period not jurisdictional and is subject to equitable tolling (D.C. Cir.), 94:156
– – Flooring contractor did not “sleep on its rights” (Fed. Cl.), 94:342
– – Garrison cap supplier did not submit within 6-years (ASBCA), 93:213
– – Interstate Commerce Act bars untimely claims (Fed. Cl.), 93:443 (6/29/10)
– – Security contractor's use of CDA provision makes Tucker Act limit inapplicable (Fed. Cl.), 94:386

– Sum certain

– – Approximation not sufficient for jurisdiction (ASBCA), 94:142
– – CO letter contained no sum certain demand and no reference to final decision (ASBCA), 93:403

– Transportation cost increases and currency fluctuations, Iraq contractor denied (ASBCA), 94:410
– Wage determination, personnel lacked authority for deviation (ASBCA), 94:369
– Waivers

– – Good faith and fair dealing, no coercion or fraud in release (Fed. Cl.), 93:262
– – Personal jurisdiction defense to tort claim (11th Cir.), 93:77
– – Setoff right, Army's 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

– Weather-related productivity loss, VA contractor not entitled to adjustment (Fed. Cl.), 94:510

CLASSIFIED INFORMATION

– DOD proposed rule on declassification requests, 94:310
– E.O. 13,526, uniform system for safeguarding and declassifying national security information, 93:11
– Foreign contractors in special security agreements, NARA final rule on release of information, 93:276 (4/13/10); status box, 93:278 (4/13/10)

CMS

See CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS)

COAST GUARD

– Acquisition reform

– – Coast Guard Acquisition Reform Act

See LEGISLATION, FEDERAL, HR 1665

– – DHS IG says progress overstated, 93:435

– Acquisition workforce, improvements, 93:202
– Budget

– – Coast Guard Authorization Act

See LEGISLATION, FEDERAL, HR 3619, S 1194

– – DHS reduction, House hearing, 93:179; Bryd (D-WV) expresses concern, 93:305

– Discussions, agency did not fully convey concerns about management software tool (Comp. Gen.), 94:157
– FCA, Deepwater

– – Fraud in inducement claim, alter ego and certification issues proceed (N.D. Tex.), 93:317
– – Public disclosure bar dismissal of design flaw suit, congressional hearing reliance (N.D Tex.), 94:457

– Settlement payment used to offset debt in separate contract (CBCA), 94:77

COERCION

– Release of good faith and fair dealing claims upheld (Fed. Cl.), 93:262

COLLATERAL ESTOPPEL

– Conspiracy, defendants who pled guilty cannot contest U.S. loss damages under FCA (E.D. Va.), 94:509
– Transit contractor's claims not barred (D.D.C.), 94:287

COLLECTIVE BARGAINING

– Allowable costs, FAR proposed rule disallows costs related to influencing employees, 93:304; business group opposes, 93:200 (6/22/10); status box, 93:313

COLUMBIA

– Export controls, U.S. free trade agreement, passage urged by GOP lawmakers, 93:74

COMMERCE DEPARTMENT

– Export controls, enforcement focus, official discusses, 94:231
– NIST

See NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)

– Privacy framework, input requested, 94:616
– Regulations

– – Commerce Acquisition Regulation, final rule on FAR realignment, 93:184
– – Defense Production Act reauthorization and allocation orders, proposed rule, 93:483
– – Export controls, final rule on revisions to Missile Tech. Control Regime Annex, 93:339
– – Prioritization for BIS national defense contracts, proposed rule clarifies procedures, 93:461

– Reporting requirements for offsets, meeting, 93:57
– Small business, barriers to participation, outreach recommendations, comments requested, 93:484

COMMERCIAL ITEMS

– Buy American exemption for IT acquisitions, FAR interim rule, 94:340
– Education Dep't proposed rule, 94:203; status box, 94:204
– GSA final rule on acquisitions, 93:98
– Inflationary increase of threshold, FAR final rule, 94:229; status box, 94:241
– Iran, sanctionable business contact, FAR interim rule, 94:330; status box, 94:340
– Prompt payment interest penalty, actual acceptance not required (ASBCA), 94:17
– Simplified acquisition procedures, FAR final rule on test program extension, 93:230
– Specialty metals, DOD final rule eliminates report for COTS items containing foreign metals in noncommercial end items, 94:185
– Termination for cause, failure to timely deliver (ASBCA), 93:79
– Time-and-material (T&M) and labor-hour contracts

– – DOD final rule, 94:198; delayed, newly discovered public comments not considered, 94:222
– – FAR proposed rule, restrictions, 94:300; status box, 94:310

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

– Procurement list additions, 93:119

COMPENSATION

– Deferred compensation, FAR interim rule, alignment with CAS 415, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Wages

See WAGES AND SALARIES

COMPETITION

– Afghanistan and Iraq acquisitions, authority limits, DOD final rule, 93:277 (4/13/10); status box, 93:278 (4/13/10)
– American Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– CICA

See COMPETITION IN CONTRACTING ACT (CICA)

– Combat Search and Rescue Helicopter (CSAR-X) task orders, DOD IG criticism, 93:414
– Competition advocates recommended by GAO (GAO-10-833), 94:222
– Contract line items and contract options, DOD interim rule limits, 93:485
– Contracting out

See CONTRACTING OUT

– Debarment and suspension

See DEBARMENT AND SUSPENSION

– Defense Level Playing Field Act

See LEGISLATION, FEDERAL, HR 6540

– DOT, bidding waiver

See LEGISLATION, FEDERAL, HR 4874

– Durable medical equipment

– – CMS defends bidding 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

– Fair Defense Competition Act

See LEGISLATION, FEDERAL, HR 5298, S 3361

– France offers infrastructure and manufacturing sector credits to improve global edge, 94:312
– Justification and approval documents, FAR rules

– – Public disclosure of noncompetitive contracts, final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– – Section 8(a) program contracts over $20M, notice of tribal consultation and comments requested, 94:241

– Major defense acquisition programs, DOD interim rule to ensure competition throughout life cycle, 93:157; status box, 93:163; final rule, 94:234; status box, 94:241
– Military installations, funding

See LEGISLATION, FEDERAL, HR 5755

– Nonpublic procurement-related information, risks of contractor access, BNA Insights, 94:161
– Small business

– – Helping Small Business Compete Act

See LEGISLATION, FEDERAL, HR 4496

– – Level Playing Field Contracting Act

See LEGISLATION, FEDERAL, S 3101

– – Small Business Programs Parity Act

See LEGISLATION, FEDERAL, S 3190

– – Statement of work improperly e-mailed to vendors, §8(a) HUD award set aside (Fed. Cl.), 93:315; U.S. motion for relief denied, 94:157; attorneys' fee award, no enhancement, 94:316

– Task order and delivery order contracts

– – DOD interim rule, 94:76
– – FAR final rule, 93:223; status box, 93:230

COMPETITION IN CONTRACTING ACT (CICA)

– Automatic stay provisions

– – Radiation health risks at contract site, DOE override upheld (Fed. Cl.), 94:433
– – TSA, applicable to agency (Fed. Cl.), 93:17

– Bivens action against USDA, statutory remedies for alleged retaliation against bidder not pursued (D. Idaho), 94:485
– Options, U.S. enjoined from obtaining work under contract (Fed. Cl.), 93:487; correction, 93:219 (6/22/10)
– Protective orders, redacting GAO decisions, BNA Insights, 94:21

COMPETITIVE RANGE

– Corrective action included improper use, no discussion conducted (Fed. Cl.), 94:286; resolicitation prejudicial, 94:486
– Maintenance services for USAF, bid reinstatement denial after reorganization and suspension (Fed. Cl.), 94:187
– Rapid Response Third Generation contract, exclusion for “unacceptable” rating (Fed. Cl.), 93:467

COMPETITIVE SOURCING

See CONTRACTING OUT

COMPLAINTS AND CHARGES

– Pleading

See PLEADING

COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT ACT (CISADA)

– BNA Insights, impact on contractors, 94:621
– House hearing on implementation progress, 94:530

COMPTROLLER GENERAL

See GOVERNMENT ACCOUNTABILITY OFFICE (GAO)

COMPUTERS

See INFORMATION TECHNOLOGY
– Security

See CYBERSECURITY

CONFERENCES AND MEETINGS

– Am. Ass'n of Port Authorities, 93:284 (4/6/10)
– Bur. of Indus. and Security, 94:231
– Bus. Executives for Natl. Security, 93:335
– Calendar of events, 93:13; 93:107; 93:127; 93:170; 93:194; 93:215; 93:228 (6/22/10); 93:238; 93:278 (4/6/10); 93:405; 93:445 (6/29/10); 94:25; 94:120; 94:143; 94:173; 94:193; 94:210; 94:260; 94:292; 94:321; 94:349; 94:372; 94:393; 94:417; 94:441; 94:467; 94:490; 94:547; 94:583; 94:603; 94:626
– Center on Strategic & Intl. Studies, 94:9
– Indus. Liaison Group, 94:182
– Littler Mendelson, 94:380
– Natl. Employment Law Inst., 94:404; 94:422
– Natl. Procurement and Grant Fraud Conf., 94:531
– Northern Va. Tech. Council, 94:427; 94:497
– State of the Net Conf., 93:72

CONFIDENTIALITY

– Clean Air Act, EPA notice of disclosure of information submitted under Title II, 93:141; status box, 94:618
– Protective order for unit pricing materials not covered by trade secrets law (ASBCA), 94:188
– Zodiak products, breach claim, jurisdiction (Fed. Cl.), 93:219 (6/22/10)

CONFLICTS OF INTEREST

– Accountability and Transparency in Ethics Act

See LEGISLATION, FEDERAL, HR 6019

– Contingency contracts, improved oversight needed to avoid conflicts (GAO-10-357), 93:334
– Education Dep't proposed rule, 94:203; status box, 94:204
– FCA, “collective knowledge” theory of liability and implied certification (D.C. Cir.), 94:569; BNA Insights on implied certification, 94:575
– Organizational conflicts

– – CO acceptance of mitigation plan defective (Comp. Gen.), 93:124
– – DOD proposed rule, 93:327; extension of comment period, 93:205 (6/22/10); status box, 93:207 (6/22/10); 93:339; FCR Analysis, 93:345; mitigation focus absent, groups comment, 94:100
– – Hospital renovation, contract restored to protester (Fed. Cl.), 94:109; stay denied, 94:368
– – Lockheed Martin divests business unit, 93:458

– Personal conflicts

– – FAR proposed rule, consortium opposition, 93:25
– – Regulatory activity, FCR Analysis, 93:103

– Senior mentors, DOD final rule bars contracting out for services, 94:523
– TARP contractors, oversight panel hearing, 94:305

CONGRESS, U.S.

– Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.
– Election impact on

– – ARRA, 94:531
– – Contractors, BNA Insights, 94:488

– Hill Watch

See HILL WATCH

– House

– – Armed Servs. Comm.

– – – McKeon (R-CA) to chair, 94:447; selection confirmed, 94:565
– – – Smith (D-WA) named, 94:594

– – Homeland Security Comm., King (R-NY) to chair, 94:450
– – Oversight and Gov't Reform Comm., Issa (R-CA) to chair, 94:450

– Rulemaking activity and notice, CRS report, 93:6; problems continue, new report, 93:228; agencies still not complying, report, 94:154
– Senate

– – Armed Servs. Comm., Levin (D-MI) retains chair, 94:447
– – Homeland Security and Governmental Affairs Comm., Lieberman (I-CT) retains chair, 94:450

CONSPIRACY

– FCA, defendants who pled guilty cannot contest U.S. loss damages (E.D. Va.), 94:509

CONSTITUTIONAL RIGHTS

– Bill of attainder against ACORN (E.D.N.Y.), 93:15; preliminary injunction for group reversed (2d Cir.), 94:205
– Free speech

See FREEDOM OF SPEECH

– Political question doctrine, 94:435

– – Convoy accident in Iraq, KBR employees' suits not barred (S.D. Tex.), 93:144; Defense Base Act bar, 93:315
– – Hexavalent chromium poisoning of Natl. Guard, no bar to suit (D. Or.), 94:435
– – Waste disposal and contaminated water, toxic exposure claims proceed (D. Md.), 94:287

– Privacy rights, background checks of NASA contract employees in nonsensitive jobs (U.S., rev grant), 93:207; (oral arg), 94:364; legal issues discussion, BNA Insights, 94:463
– Separation of powers doctrine, qui tam settlement review (D.D.C.), 93:99

CONSTRUCTION CONTRACTS

– Baghdad embassy, dismissal of FCA claims upheld (4th Cir.), 94:108
– Completion date not waived by Army Corps of Eng'rs (ASBCA), 94:539
– Conflicts of interest, hospital renovation contract restored to protester (Fed. Cl.), 94:109; stay denied, 94:368
– Constructive change, dismissal of claim for lack of jurisdiction, expenses not submitted to CO (CBCA), 93:343
– Davis-Bacon Act

See DAVIS-BACON ACT

– Default termination, nonperformance of VA contract for medical center (CBCA), 93:126
– Defense budget

See generally DEFENSE BUDGET

– Design defect costs denial for VA contractor (CBCA), 93:168
– DOE cost estimation guidance lacking, report (GAO-10-199), 93:51
– Domestic source restrictions, ARRA, Buy American Act mandate for iron and steel, FAR final rule, 94:228; status box, 94:241
– Hurricane rebuilding contracts lacked subcontracting oversight (GAO-10-723), 94:200
– Italy, task orders, ineligibility based on inadequate legal opinion (Fed. Cl.), 94:538
– Military Construction Authorization Act

See LEGISLATION, FEDERAL, S 3456

– Miller Act claims, direct relationship with prime's subcontractor sufficient (D.N.M.), 94:458
– Mistake, “clear and convincing” proof standard for correction of bid (Fed. Cl.), 93:60
– OFCCP outreach to industry, 94:182
– Privacy of workers, interim rule to revise Payrolls and Basic Records clause, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Project labor agreements

See PROJECT LABOR AGREEMENTS (PLAs)

– Prompt payment, no “just reason” for U.S. payment delay, final judgment (Fed. Cl.), 93:213
– Proposal evaluations, VA's unequal consideration of past performance and subcontractor (Comp. Gen.), 94:17
– Small business set-asides, DOD reinstates, 93:206 (6/22/10)
– Sovereign acts doctrine, AOC work restrictions not “public and general” (GAOCAB), 93:443 (6/29/10)

CONSULTANTS

– ExpertNet development, GSA input request, 94:561; status box, 94:567

CONTINGENCY OPERATIONS

– Conflicts of interest, improved oversight needed to avoid conflicts (GAO-10-357), 93:334
– Crimes in Afghanistan and Iraq, DOD class deviation identifies authorities to which contractors report, 94:230
– Essential services of contractors during crises, DOD interim rule on contract clause, 93:183; status box, 93:188; final rule, 94:430; status box, 94:432
– FAR, House oversight hearing witnesses recommend streamlined rules, 94:6
– House appropriators review DOD contractors' status, 93:221
– Integration of contractors in operational planning, limited progress by DOD, GAO report, 93:273 (4/6/10)
– Private security contractors

– – Afghanistan

– – – DOD contracting may hamper counterinsurgency effort, lawmaker says, 93:197 (6/22/10); SASC report, poor oversight endangers troops, 94:356
– – – President Karzai's decree to remove contractors supported by SASC chair, 94:199; Karzai says decision is “final and conclusive” , 94:220

– – Enhancing Oversight and Security at United States Missions Act

See LEGISLATION, FEDERAL, S 3037

– – Inherently governmental restriction

– – – Feingold (D-WI) wants war zone outsourcing ban, 93:480
– – – Wartime Comm'n hearing, professor says risk factors may aid determination, 93:197 (6/22/10)

– – State Dep't, cost savings in Iraq, report (GAO-10-266R), 93:182
– – Stop Outsourcing Security Act

See LEGISLATION, FEDERAL, HR 4650, S 3023

– Prompt payment, DOD interim rule provides Act exemption, 94:69; status box, 94:76
– Synchronized Predeployment and Operational Tracker (SPOT) database incomplete, GAO official says, 93:249
– Wartime Contracting Comm'n

– – Acquisition workforce size, need to increase, 94:274
– – LOGCAP transition plan, insufficient information given to KBR on military drawdown, 93:272 (4/6/10)
– – State Dep't operational support after drawdown, more planning needed, 94:67; House lawmakers question transition strategy, 94:300
– – Subcontracting pricing issues, DCAA Dir. discusses, 94:126

CONTRACT BUNDLING

– BNA Insights, barriers to small business opportunities, 94:190
– DOD interim rule expands public notice, 94:70; status box, 94:76
– Insourcing decision for USAF IT services, COFC jurisdiction (W.D. Tex.), 94:485
– Legislation

– – Helping Small Business Compete Act

See LEGISLATION, FEDERAL, HR 4496

– – Level Playing Field Contracting Act

See LEGISLATION, FEDERAL, S 3101

– – Small Business Contracting Revitalization Act

See LEGISLATION, FEDERAL, S 2989

– – Small Business Jobs and Credit Act

See LEGISLATION, FEDERAL, HR 5297

CONTRACT DISPUTES ACT (CDA)

– Bivens action against USDA, statutory remedies for alleged retaliation against bidder not pursued (D. Idaho), 94:485
– Claims

See generally CLAIMS

CONTRACT FINANCING

– Army Corps of Eng'rs proposed rule on interim Continuing Contracts funding clause for civil works projects, 93:35; status box, 93:36
– Education Dep't proposed rule, 94:203; status box, 94:204
– Small business awards, CO should review all options, DOD memo, 93:277 (4/13/10)

CONTRACT FORMATION

– “Precedent agreement” with pipeline provider is contract under CDA jurisdiction (CBCA), 94:286
– Real property exchange with Army not complete, failure to state claim (Fed. Cl.), 94:187

CONTRACT INTERPRETATION

– Ambiguity, FERA retroactivity clause, applicability to FCA (D. Mass.), 93:404
– Damage to Work clause (Fed. Cl.), 93:236
– Flag vessel shipments, U.S. did not provide notice of transport rules interpretation, equitable adjustment (CBCA), 94:342
– Non-substitution clause, replacement of software following termination (Fed. Cir.), 94:368
– Small business set-asides, improper exclusion under mentor-protege clause (ASBCA), 93:262

CONTRACT MANAGEMENT

– Arlington cemetery

– – IT contracts, Army Corps of Eng'rs

– – – Oversight improvement

See LEGISLATION, FEDERAL, S 3860

– – – Senate panel hearing on mismanagement, 94:129

– – Reporting requirements

See LEGISLATION, FEDERAL, HR 6503

– CMS

– – Reform implementation (GAO-10-71), 93:369
– – Senate hearing, GAO questions effectiveness, 93:370

– Combat Search and Rescue Helicopter (CSAR-X) task orders, DOD IG criticism, 93:414
– Conflicts of interest, improved oversight need (GAO-10-357), 93:334
– DOD Task Force on Wartime Contracting report, personnel shortages and inadequate business systems, 93:71
– DOE proposed rule to incorporate FAR revisions, notice, 93:11
– Federal Protective Service's Contract Guard Program oversight (GAO-10-341), 93:302
– FEMA, improvements recommended after DHS IG audit, 93:158
– Good faith duty, FAA did not breach (3rd Cir.), 94:572
– House appropriators review DOD contractors' status, 93:221
– Interagency contracts

– – Effective use undermined (GAO-10-367), 93:452
– – Internal control weaknesses in acquisitions through DOE program, DOD IG report, 94:559

– Iraq

– – Police training program, senators' criticism, 93:50
– – SIGIR report on recurring deficiencies, 93:372

– Legislation

– – Accountability for Defense Contractors Act

See LEGISLATION, FEDERAL, HR 6310, S 3909

– – Enhancing Oversight and Security at United States Missions Act

See LEGISLATION, FEDERAL, S 3037

– – Federal Contracting and Oversight Act

See LEGISLATION, FEDERAL, HR 5726, S 3323

– – Lieutenant Colonel Dominic “Rocky” Baragona Justice for American Heroes Harmed by Contractors Act

See LEGISLATION, FEDERAL, HR 2349, S 2782

– Panel on Contracting Integrity's 2009 report, recommended DOD actions for 2010 implementation, 93:70
– Penalties for deficient business systems and controls, DOD proposed rule, 93:28; status box, 93:36; groups criticize, 93:225; systems oversight, debacle brewing, FCR Analysis, 93:352; rule analysis, BNA Insights, 93:471; reissuance incorporates changes recommended in comments, 94:521; status box, 94:535; 94:567
– Police training program

– – Afghanistan, McCaskill (D-MO) and other oversight panel members scrutinize deal, 93:300
– – Iraq, senators' criticism, 93:50

– Project management oversight contractors and financial management oversight contractors, transit projects (GAO-10-909), 94:277
– SBA budget request includes $2M to fight fraud, waste, and abuse, 93:330
– Secure Border Initiative

– – Boeing performance, DHS failure to monitor, 94:401
– – Redeployment of DHS funds due to program disappointment, 93:224

– Supply chain management, DOD performance measures, GAO report, 94:135
– Undefinitized contract actions, management at DOD component level needs improvement, report (GAO-10-299), 93:116
– Unpriced change orders, DOD final rule, 94:182; status box, 94:185
– Wartime Contracting Comm'n

CONTRACT PAYMENTS

– Allocation of contract funds flawed, Army contractor still entitled to full payment (CBCA), 94:208
– Architect-engineer contracts, final FAR rule on CO discretion for withholding payments to fixed-price contracts, 93:230
– Indirect costs for subcontractor, submission of claim cannot be used to circumvent payment procedures (ASBCA), 94:600
– Iraq oil infrastructure, transfer of contract does not relieve Army Corps of Eng'rs of obligation to pay (ASBCA), 94:573
– Liquidated damages for late payment of invoices, no authority under contract clause (CBCA), 93:218 (6/22/10)
– Overpayments

– – “Do Not Pay” list, OMB unveils, 93:198 (6/22/10)
– – FY 2010 error rate declines, OMB report, 94:500
– – Legislation

– – – Improper Payments Elimination and Recovery Act

See LEGISLATION, FEDERAL, HR 3393

– – – Improper Payments Information Act

See LEGISLATION, FEDERAL, S 1508

– – Recapture audits, expanded use by agencies to recover improper payments, 93:202; signed, status box, 93:230

– Personal identity verification cards returned to U.S., FAR proposed rule delays final payment for compliance failure, 93:457
– Prompt payment

See PROMPT PAYMENT

– Small business qualification for direct billing, DOD class deviation, 94:204
– Tax withholding rule, industry group requests delay, 94:272

CONTRACT REFORMATION

– Breach of duty to disclose superior knowledge and mutual mistake, deviation from RFP (ASBCA), 93:403

CONTRACT TYPES

– Acquisition workforce, preference of type and outcomes, industry survey, 94:476
– Architect-engineer contracts

See ARCHITECT-ENGINEER CONTRACTS

– Cost reimbursement

See COST-REIMBURSEMENT CONTRACTS

– DOE notice of proposed rulemaking, 94:12
– Fixed-price contracts

See FIXED-PRICE CONTRACTS

– GSA final rule, 94:76
– GWACs

See GOVERNMENTWIDE ACQUISITION CONTRACTS (GWACs)

– ID/IQ contracts

See INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ) CONTRACTS

– Interagency

See INTERAGENCY CONTRACTS

– Letter contracts

See LETTER CONTRACTS

– MACs

See MULTIPLE AWARD CONTRACTS (MACs)

– MAS contracts

See MULTIPLE AWARD SCHEDULE (MAS) CONTRACTS

– Milestone decision authority for major defense acquisition programs to select, DOD final rule, 93:277 (4/13/10); status box, 93:278 (4/13/10)
– Multiyear

See MULTIYEAR CONTRACTS

– Oral contracts, breach of, Arabic interpreter may sue Army and contractor (D.C. Cir.), 93:468
– Task order/delivery order contracts

See TASK ORDER/DELIVERY ORDER CONTRACTS

CONTRACTING OUT

– Business Coalition for Fair Competition briefing, increased use recommended, 93:53
– Cloud computing, House Oversight and Gov't Reform Comm. hearing, officials says no increase in outside contractors, 94:8
– Debt collection, flawed IRS study (GAO-10-963), 94:428
– DHS

– – Department of Homeland Security Appropriations Act

See LEGISLATION, FEDERAL, S 3607

– – Senate panel hearing, reduction of contractors promised, 93:155; balanced workforce initiative progress, 94:96

– Disability examinations by VA

See LEGISLATION, FEDERAL, S 3609

– Food services activities, FY 2010 budget act provision, NAFI employees not covered by A-76 (Comp. Gen.), 94:160
– FSS Retirement Fairness Act

See LEGISLATION, FEDERAL, HR 5115

– Fuel storage and distributions services award for USMC Air Station Miramar, protest over justifications (Comp. Gen.), 93:39
– High-performing organizations, A-76 alternative, DOD data reliability failure hampers pilot program (GAO-10-566R), 93:457
– Insourcing

See INSOURCING

– OFPP proposed policy letter on inherently governmental functions, 93:270 (4/6/10); Adm'r Gordon says guidance is draft, 93:272 (4/6/10); status box, 93:276 (4/6/10); correction, status box, 93:313; OMB correction, 93:338; status box, 93:339; comments reflect support and differences, 93:435 (6/29/10); IT group recommends less restrictive definition, 93:456
– Private security contractors

– – Afghanistan

– – Enhancing Oversight and Security at United States Missions Act

See LEGISLATION, FEDERAL, S 3037

– – Inherently governmental restriction

– – – Feingold (D-WI) wants war zone outsourcing ban, 93:480
– – – Wartime Comm'n hearing, professor says risk factors may aid determination, 93:197 (6/22/10)

– – State Dep't in Iraq

– – – Cost savings (GAO-10-266R), 93:182
– – – Wartime Contracting Comm'n report, planning needed for operational support after drawdown, 94:67; House lawmakers question transition strategy, 94:300

– – Stop Outsourcing Security Act

See LEGISLATION, FEDERAL, HR 4650, S 3023

– Project management oversight contractors and financial management oversight contractors, transit projects (GAO-10-909), 94:277
– Services contracts

– – Reductions in, DOD Sec'y Gates promises, 94:178; CRS report on savings, 94:198; industry groups urge moratorium on insourcing, 94:200
– – Senior mentors, DOD final rule bars, 94:523

CONVICTS

– Correctional facilities

See CORRECTIONAL FACILITIES

COOPERATIVE AGREEMENTS

– Federal Funding Accountability and Transparency Act, OMB interim final guidance, 94:279
– Trademark use, jurisdiction over breach claim (Fed. Cl.), 94:538

COPYRIGHTS

See INTELLECTUAL PROPERTY

CORPORATIONS

– Foreign firms

See FOREIGN CORPORATIONS

– No Taxpayer Money for Corporate Campaigns Act

See LEGISLATION, FEDERAL, HR 4550

CORPS OF ENGINEERS

See ARMY CORPS OF ENGINEERS

CORRECTIONAL FACILITIES

– Bernalillo, N.M., DOJ termination was breach of county's prison contract (Fed. Cl.), 94:140
– Detainee interrogation, contractor prohibition, DOD interim rule, 94:449; status box, 94:454

CORRECTIVE ACTION

– Cargo processing services, termination of contract without discussions and reissuance of solicitation (Fed. Cl.), 94:245
– Mootness

– – DOI post-award bid protest dismissal (Fed. Cl.), 94:620
– – Force protection services, protest moot, injunctive relief denial (Fed. Cl.), 93:282 (4/13/10)
– – USAF post-award bid protest dismissal (Fed. Cl.), 93:489

– National Guard action included auction and improper use of competitive range (Fed. Cl.), 94:286; resolicitation prejudicial, 94:486

CORRUPTION

– Afghanistan convoy protection, contractor payments to warlords, 93:438 (6/29/10); SASC investigates, 94:71
– FCPA

See FOREIGN CORRUPT PRACTICES ACT (FCPA)

– Fraud

See FRAUD

– Kyrgyzstan, contracting corruption perception fueled government overthrow movement, observers say, 93:336
– Procurement integrity

See PROCUREMENT INTEGRITY

COST ACCOUNTING STANDARDS (CAS)

– Deferred compensation, FAR interim rule, alignment with CAS 415, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– F-22 fighter aircraft, Lockheed does not owe price adjustment (Fed. Cir.), 93:214 (6/22/10); cost impact statements, BNA Insights, 94:318
– Foreign concerns, disclosure and consistency, FAR interim rule alignment, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Overseas exemption, elimination proposed, 94:399; status box, 94:407
– Pensions

– – FAR interim rule, alignment with CAS 412, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– – Pension Protection Act, CAS Bd. proposed rule would harmonize CAS 412 and 413 provisions with Act, 93:411; status box, 93:420

– Public contracts, 41 U.S.C.

See LEGISLATION, FEDERAL, HR 1107

– Segment closing adjustments, Pay-As-You-Go post-retirement benefits costs not covered by CAS 413 (Fed. Cl.), 93:421

COST OR PRICING DATA

– Aerospace Indus. Ass'n recommends reduction in data to promote fiscal efficiency, 94:199
– FAR rules

– – Certified data and other data, differences clarified, 94:225; status box, 94:241
– – Harmonization of thresholds, 93:226; status box, 93:230
– – Inflationary increase, 94:229; status box, 94:241
– – Price reduction for defective data, proposed rule, 94:306; status box, 94:310

COST-REIMBURSEMENT CONTRACTS

– High-risk contracts

– – DCAA to limit audits to high-dollar proposals, 94:448
– – FY 2010, OMB reports savings due to reductions in contracts, 94:31
– – FY 2012 budget, OMB directs agencies to reduce, 93:482

– Subcontracting limit on contracts above simplified acquisition threshold, proposed DHS rule, 93:481; status box, 93:485; industry group criticizes, 94:179

COSTA RICA

– DOD final rule on waiver of Buy American Act, 93:59
– FAR final rule, Free Trade Agreement, 93:230
– Presidential proclamation, Free Trade Agreement, 93:207 (6/22/10)

COSTS

– Allowable costs

See ALLOWABLE COSTS

– CAS

See COST ACCOUNTING STANDARDS (CAS)

– “Cash for clunkers” program's administrative costs, lawmaker's DOT request, 93:11
– Contract management

See generally CONTRACT MANAGEMENT

– DOE estimation guidance for construction and environmental cleanup projects lacking, report (GAO-10-199), 93:51
– Export growth, lower initial costs needed, White House economic report, 93:117
– Federal Employee Health Benefits Program

See LEGISLATION, FEDERAL, HR 4489

– Manpower, business rules for estimating and comparing costs, DOD memo, 93:116
– NASA, cost growth for large-scale projects, report (GAO-10-227SP, 2/1/10), 93:115
– Public contracts, 41 U.S.C.

See LEGISLATION, FEDERAL, HR 1107

COURT OF FEDERAL CLAIMS (COFC)

– Ed. Note: For Fed. Cl. decisions, see specific subject headings.

CREDIT REPORTS

– Durable medical equipment suppliers for CMS contract, manufacturer questions creditworthiness of award winners, 94:531
– Small business, standing to challenge USAF decision to cancel §8(a) program report requirement and use FSS (Fed. Cl.), 94:207

CRIMINAL ACTIVITIES

– Civilian Expansion Jurisdiction Act

See LEGISLATION, FEDERAL, HR 4567, S 2979

– Defund the Crooks Act

See LEGISLATION, FEDERAL, HR 4444

– FAR Mandatory Disclosure Rule, BNA Insights, 94:47
– FCPA

See FOREIGN CORRUPT PRACTICES ACT (FCPA)

– 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

– Fraud

See HEALTH CARE FRAUD; QUI TAM SUITS

– Kidnapping threats to contractors overseas, Special Report, 94:544
– Monitoring of federal contractors

– – Afghanistan and Iraq, DOD class deviation, 94:230
– – BNA Insights, 93:381

– National Procurement Fraud Task Force, BNA Insights, 93:220 (6/22/10)
– Public Corruption Elimination Act

See LEGISLATION, FEDERAL, HR 4531

– Sexual assaults

– – Arbitration of contractor employees' claims, DOD bar

– – – 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

– – Definition of “sexual assault,” proposed rule requires contractor employees' awareness, 94:523
– – Prevention training and reporting, IG wants contract requirement, 93:333

– Unmanned aerial vehicles, foreign entities' illicit contracts, report, 93:273 (4/13/10)

CUSTOMS AND BORDER PROTECTION (CBP)

See also HOMELAND SECURITY DEPARTMENT (DHS)
– Easement relocation in exchange for road improvement, no CDA coverage, contract not procurement (Fed. Cl.), 94:389

CYBERSECURITY

– Certification program for service providers, FCC proposal, 94:383
– Cloud computing

– – Certification and accreditation process, GSA issues security requirements for agencies, 94:451
– – Consumer Fed'n urges providers to adopt best practices, 94:529
– – House Oversight and Gov't Reform Comm. hearing, 94:8

– Cooperation and collaboration between agencies and private sector necessary, Schmidt says, 93:72
– CyberScope to contain real-time executive branch data, OMB release FY 2010 reporting requirements, 93:336
– DOD notice of rulemaking on contract requirements for unclassified information and information systems, 93:178; status box, 93:188; industry groups comment, 93:394; BNA Insights, 94:247
– Legislation

– – Cybersecurity Act

See LEGISLATION, FEDERAL, S 773

– – Cybersecurity Enhancement Act

See LEGISLATION, FEDERAL, HR 4061

– – Data Accountability and Trust Act

See LEGISLATION, FEDERAL, HR 2221

– – Executive Cyberspace Authorities Act

See LEGISLATION, FEDERAL, HR 5247

– – Homeland Security Cyber and Physical Infrastructure Protection Act

See LEGISLATION, FEDERAL, HR 6423

– – Protecting Cyberspace as a National Asset Act

See LEGISLATION, FEDERAL, S 3480

– – Secure Federal File Sharing Act

See LEGISLATION, FEDERAL, HR 4098

– – “Stuxnet” worm and other malware, Lieberman (I-CT) to push legislation, 94:502

– Senate legislative priority, aide says, 94:565

CZECH REPUBLIC

– Chamber of Commerce's public contract transparency campaign, 93:259
– DOD public comment request on Reciprocal Defense MOU, 93:59