Federal Contracts Report Index-Summary

DAMAGES

– Breach of contract, bifurcation of CDA claim from pre-award bid protest (Fed. Cl.), 93:60
– Contract interpretation of Damage to Work clause (Fed. Cl.), 93:236
– FCA

– – Conspiracy claims, defendants who pled guilty cannot contest U.S. loss damages (E.D. Va.), 94:509
– – Jet engine contract, calculation error (6th Cir.), 94:536
– – Misstatements in contract and grant proposals, treble damages, BNA Insights, 94:345
– – Oil and gas company must pay treble damages, no communication with DOJ made (D. Colo.), 94:317

– Liquidated damages for late payment of invoices, no authority under contract clause (CBCA), 93:218 (6/22/10)
– Penalties

See PENALTIES

DAVIS-BACON ACT

– ARRA

– – Delay of stimulus projects due to law's requirements, report (GAO-10-383), 93:161
– – DOL memo on standards for projects financed with tax-favored bonds, 93:416

– Tax Extenders Act

See LEGISLATION, FEDERAL, HR 4213

– Threshold adjustment, DOD final rule, 94:139

DBA

See DEFENSE BASE ACT (DBA)

DCAA

See DEFENSE CONTRACT AUDIT AGENCY (DCAA)

DCMA

See DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA)

DEBARMENT AND SUSPENSION

– American Jobs Matter Act

See LEGISLATION, FEDERAL, HR 5637

– Bill of attainder against ACORN (E.D.N.Y.), 93:15; preliminary injunction for group reversed (2d Cir.), 94:205
– Competitive range exclusion due to Excluded Parties List Sys. listing, USAF decision not to reinstate bid (Fed. Cl.), 94:187
– Continuation of contracts, DFARS amendment, DOD final rule, 94:432
– Criminal activities, FAR Mandatory Disclosure Rule, BNA Insights, 94:47
– DHS IG recommends process improvements, 93:222
– DOT operating administrations, impact of decision delays, IG report, 93:27
– E-mail misuse, suspension of L-3 Communications division pending investigation outcome, 93:439 (6/29/10); lifted, 94:153
– Education Dep't proposed rule, 94:203; status box, 94:204
– 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

– Federal Contracting and Oversight Act

See LEGISLATION, FEDERAL, HR 5726, S 3323

– GTSI suspension, BNA Insights, 94:414
– Gulf oil spill, BP could lose contracting privileges, 94:34
– Lieutenant Colonel Dominic “Rocky” Baragona Justice for American Heroes Harmed by Contractors Act

See LEGISLATION, FEDERAL, HR 2349, S 2782

– Monitoring of contractors, BNA Insights, 93:381
– Overseas Contractor Reform Act

See LEGISLATION, FEDERAL, HR 5366

– Subcontracting, FAR interim rule extension of flowdown of restrictions to lower-tiered debarred or suspended subcontractors, 94:560
– Task orders, ineligibility based on inadequate legal opinion (Fed. Cl.), 94:538

DEBRIEFINGS

– Free speech retaliation, Bivens action against USDA, statutory remedies not pursued by protester (D. Idaho), 94:485
– Post-award debriefings, USAF memo on disclosure of unit prices, 93:31

DEBT COLLECTION

– IRS private collection program, flawed study (GAO-10-963), 94:428

DECLARATORY JUDGMENTS

– GSA breach claim, refusal to consider, dismissal motion moot (Fed. Cl.), 93:167

DEFAMATION

– Immunity for contractor responding to procurement fraud probe (E.D. Va.), 93:168

DEFAULT TERMINATION

– A-12 stealth aircraft, failure to make progress justification, trade group criticizes (U.S., amicus brief filed), 93:469
– Bottled water contract, delay before termination not unreasonable, no waiver of delivery date (ASBCA), 94:369
– Commercial Items clause and excusable delays, failure to timely deliver (ASBCA), 93:79
– Construction completion date not waived (ASBCA), 94:539
– Discovery, dismissal of appeal for failure to comply with orders (CBCA), 93:379
– Federal Awardee Performance and Integrity Info. Sys.

See LEGISLATION, FEDERAL, HR 4899

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

– First Article Test failure, no agreement to accept “serviceable units” (ASBCA), 93:343
– Hurricane and financial issues not excusable delay (CBCA), 93:214
– Medical center, nonperformance of VA construction contract (CBCA), 93:126
– Prefabricated building contractor entitled to EAJA fees, USAF action not justified (Fed. Cl.), 94:388
– Stay of action due to pending FCA suit rejected due to stigma to appellant (ASBCA), 94:111

DEFECTIVE PRICING

– Federal Awardee Performance and Integrity Info. Sys.

See LEGISLATION, FEDERAL, HR 4899

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

DEFENSE BASE ACT (DBA)

– Insurance requirement waivers, DOD establishment of single point of contact, 93:7
– Iraq convoy accident, one plaintiff's claims barred (S.D. Tex.), 93:315

DEFENSE BUDGET

– Competition restriction, project funding

See LEGISLATION, FEDERAL, HR 5755

– Fiscal restraint

– – Efficiency initiative, Carter emphasizes fiscal restraint to industry officials, 94:5; industry group recommends multi-year procurements and reduction of cost and pricing data, 94:199; Sec'y Gates proposes measures to trim $100B in 5 years, 94:267; Gates says Lockheed JSF contract uses efficiency guidance, 94:305; Armed Servs. hearing, lawmakers want details, 94:328; HASC chair Skelton vows no support without more information, 94:379; review identifies cost-saving measures, 94:496
– – House Majority leader open to cuts to shrink deficit, 94:9
– – Natl. Comm'n on Fiscal Responsibility and Reform, lawmakers urge specific reduction recommendations, 94:379; chairmen include defense cuts in deficit-reduction, 94:473; no supermajority on panel proposals, 94:525
– – Reduce and End our Deficits Using Commonsense Eliminations in the Defense Programs Act

See LEGISLATION, FEDERAL, HR 5784

– FY 2010, supplemental request, lawmakers prepare, 93:226; Senate Appropriations Comm. begins work, 93:252; earmarks for for-profit entities must be identified, 93:482; further action, see LEGISLATION, FEDERAL, HR 4899; Assad memo emphasizes that contracts associated with earmarks must comply with DFARS and FAR, 94:184
– FY 2011

– – Administration request for $548.9.4B, 93:69
– – C-17 airlift aircraft and F-35 Joint Strike Fighters, Sec'y Gates opposes funding, 93:246; Senate subpanel hearing, DOD has excess C-17s, 94:70
– – Contingency operations, House appropriators review contractors' status, 93:221
– – Continuing Appropriations and Surface Transportation Extensions Act

See LEGISLATION, FEDERAL, HR 3082

– – Department of Defense Appropriations Act

See LEGISLATION, FEDERAL, S 3800

– – Department of Defense Authorization Act

See LEGISLATION, FEDERAL, S 3455

– – Department of Energy National Security Act

See LEGISLATION, FEDERAL, S 3457

– – F-35 JSF, alternative engine program

– – – British support development, 94:303
– – – Carter says second engine will not promote competition, 94:501
– – – Markup of House appropriations measure, funding added, 94:128
– – – Stop-gap funding, 94:614
– – – Stop work order, HASC members oppose, 94:525

– – Military Construction and Veterans Affairs, and Related Agencies Appropriations Act

See LEGISLATION, FEDERAL, S 3615

– – Military Construction Authorization Act

See LEGISLATION, FEDERAL, S 3456

– – National Defense Authorization Act

See LEGISLATION, FEDERAL, HR 5136, HR 6523, S 3454

– – Senate Appropriations Comm. markup session, spending cut agreement, 94:73

– House Armed Servs. Comm. hearing, Pentagon officials discuss management priorities, 94:93
– Responsible End to the War in Afghanistan Act

See LEGISLATION, FEDERAL, HR 6045

DEFENSE CONTRACT AUDIT AGENCY (DCAA)

– Contingency operations, Dir. discusses pricing issues at Wartime Contracting Comm'n hearing, 94:126
– DCMA, insufficient time for audit, DOD IG reports, 94:180
– Federally funded R&D center, agency to improve audits after critical IG review, 94:452
– FOIA, Sikorsky's quality control evaluations, release improper (D.C. Cir.), 93:261
– Generally Accepted Gov't Auditing Standards, impact on contractors, GAO's DCAA Reports, FCR Analysis, 93:81
– High-risk proposals, agency to limit audits to high-dollar contracts, 94:448

DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA)

– Acquisition workforce, training and certification of workers in Southwest Asia, DOD IG, 93:272 (4/13/10)
– DCAA audit, insufficient time given, DOD IG report, 94:180
– Government property loss, theft or destruction, “eTools,” proposed rule, 93:375
– Interest denied on prospective obligation agreement, CDA and PPA inapplicable (Fed. Cl.), 93:411

DEFENSE DEPARTMENT (DOD)

See also specific service branches
– Acquisition management

– – Cost growth, experts tell House panel how to reduce spending, 94:95
– – House Armed Servs. Comm. hearing, Pentagon officials discuss top priorities, 94:93
– – Urgent needs requests, equipment delays (GAO-10-460), 93:392

– Acquisition reform

– – HASC interim report recommendations, 93:200; final report, 93:247
– – House Oversight and Gov't Reform panel hearing, more work needed, 93:433
– – IMPROVE Acquisition Act

See LEGISLATION, FEDERAL, HR 5013

– Acquisition workforce

– – Defense Acquisition Univ. cannot meet training demand (GAO-11-22), 94:451
– – Human capital planning, shortcomings in civilian strategic plan (GAO-10-814R), 94:336

– Afghanistan

– – Police training contract

– – – Senators examine, 93:300
– – – State Dep't task order authorization

See LEGISLATION, FEDERAL, HR 4899

– – President Karzai's decree to remove contractors supported by SASC chair, 94:198; Karzai says decision is “final and conclusive” , 94:220
– – Private security contracting may hamper counterinsurgency efforts, Levin (D-MI) says, 93:197 (6/22/10); SASC report, poor oversight endangers troops, 94:356

– Appointments, Defense Production Act Comm., Sec'y as rotating Chair, presidential memo, 93:461
– Audits

– – DCAA

See DEFENSE CONTRACT AUDIT AGENCY (DCAA)

– – IG not performing, Grassley (R-IA) says, 94:217

– Budget

See DEFENSE BUDGET

– Business operations

– – Enterprise resource efforts, delays and cost overruns (GAO-11-53), 94:381
– – Performance improvement noted by GAO, 93:5

– Class deviations

– – Arbitration bar on contractor employees' sexual assault or harassment claims, Defense Appropriation Act provision, 93:135
– – Award fee reduction for job violations and negligence, 93:373
– – Federal Awardee Performance and Integrity Info. Sys., deviation to FAR rule, 93:332
– – Posting of employee rights, OFCCP compliance directive on contractor requirements of E.O. 13,496, 93:439 (6/29/10)
– – Price evaluation adjustment for small disadvantaged business concerns, class deviation, 93:224
– – Reporting crimes in Afghanistan and Iraq, authorities to which contractors report identified, 94:230
– – Small business qualification for direct billing, 94:204

– Common access cards, tighter controls urged as FAR rule proposed, 93:457
– Contingency operations, limited progress in integrating contractors, GAO report, 93:273 (4/6/10)
– Contract awards, required information not provided (GAO-11-122R, 11/30/10), 94:529
– Contracting activities in Iraq and Afghanistan

– – CRS report, 94:33
– – GAO review, 93:139

– Contracting out

– – High-performing organizations, A-76 alternative, data reliability failure hampers pilot program (GAO-10-566R), 93:457
– – Insourcing

See Insourcing, this heading

– Czech Republic, public comment request on Reciprocal Defense MOU, 93:59
– DCAA

See DEFENSE CONTRACT AUDIT AGENCY (DCAA)

– DCMA

See DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA)

– Defense Base Act insurance waivers, establishment of single point of contact, 93:7
– Defense Supply Centers

See DEFENSE SUPPLY CENTERS (DSCs)

– Department of Defense Energy Security Act

See LEGISLATION, FEDERAL, HR 5280

– DLA

See DEFENSE LOGISTICS AGENCY (DLA)

– DOD Task Force on Wartime Contracting report, personnel shortages and inadequate business systems, 93:71
– Federal Procurement Data Sys., reporting threshold for Treasury Account Symbols, memo, 94:431
– Information technology, private sector personnel exchange pilot program, 94:592
– Insourcing

– – Acquisition workforce, focus on skills not numbers when insourcing jobs, Bus. Bd. recommends, 93:134
– – “Quota-driven exercise,” groups assert, 93:397
– – Transparency in conversions

See LEGISLATION, FEDERAL, HR 6349

– Interagency contracts, internal control weaknesses in acquisitions through DOE, IG report, 94:559
– Joint Strike Fighter

– – Carter says second engine will not promote competition, 94:501
– – Fixed-priced Lockheed contract uses efficiency guidance, 94:305
– – Funding

See generally DEFENSE BUDGET

– – Stop work order, HASC members oppose, 94:525
– – Tactical aircraft shortfall, impact of JSF program uncertainty (GAO-10-789), 94:183

– Kyrgyzstan, contracting corruption perception fueled government overthrow movement, observers say, 93:336
– Light Weight Armor Research Requirements for Individual Operational Readiness Act

See LEGISLATION, FEDERAL, HR 5063

– Manpower costs, business rules for estimating and comparing, memo, 93:116
– Medical Command rental contract award, vital to public interest despite flood plain violation (Fed. Cl.), 94:461
– Panel on Contracting Integrity's 2009 report, recommended actions for 2010 implementation, 93:70
– Quadrennial Defense Review, 2010, 93:112; independent panel faults strategy for “underperforming” activities, 94:151
– Recordkeeping requirements for contractor acquired property (CAP), memo, 93:27
– Regulations

– – Afghanistan acquisitions, TAA waiver for South Central, South Asian countries, proposed rule, 93:9; status box, 93:11
– – ASBCA charter update, final rule, 93:256
– – Assumption of risk of loss clauses for contracts that furnish aircraft, final rule, 93:485
– – Award fees, proposed rule revises evaluation and payment guidance, 93:371; status box, 93:375; interim rule, 94:474; status box, 94:481
– – Ball and roller bearings, proposed rule revises domestic source restrictions, 93:399; final rule, status box, 94:567
– – Business systems and controls, penalties for deficient systems, 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
– – Class deviations

See Class deviations, this heading

– – Classified information, proposed rule on declassification requests, 94:310
– – Commercial items, use of time-and-material (T&M) and labor-hour contracts, final rule, 94:198; delayed, newly discovered public comments not considered, 94:222
– – Competition

– – – Solicitations, interim rule limits line items and contract options, 93:485
– – – Task order and delivery orders, sole source contracts, interim rule, 94:76

– – Conflicts of interest

– – – Organizational conflicts, 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

– – Contract action definition includes task and delivery orders, final rule, 94:241
– – Contract bundling, interim rule expands public notice requirements, 94:70; status box, 94:76
– – Costa Rica, final rule on waiver of Buy American Act, 93:59
– – Debarment and suspension, continuation of contracts, DFARS amendment, final rule, 94:432
– – Detainee interrogation, contractor prohibition, interim rule, 94:449; status box, 94:454
– – Electronic Document Access System, final rule on establishment of account, 94:310
– – Essential services during crises, interim rule on contract clause, 93:183; status box, 93:188; final rule, 94:430; status box, 94:432
– – Export controls, final rule on contractor rule compliance when items involved in performance, 93:276 (4/13/10); status box, 93:278 (4/13/10)
– – Facility safety, interim rule on standards compliance, 94:431; status box, 94:432
– – Finland, Buy American Act restrictions, final rule, 93:485
– – Flag vessels, foreign “riding gang members,” interim rule, 94:403; status box, 94:407
– – Foreign ownership, control, or influence, interim rule, 94:12
– – Government property

– – – Access by contractors and reporting requirements, proposed rule, 94:618
– – – FAR Part 45, DFARS revision for consistency, proposed rule, 94:535
– – – Loss, theft or destruction, “eTools” reporting, proposed rule, 93:375
– – – Serial numbers in human-readable format on items furnished to contractors, proposed rule, 93:375; status box, 93:399

– – Hexavalent chromium, proposed rule to minimize use, 93:278 (4/13/10)
– – Inflation, proposed rule to increase dollar thresholds, 93:49; status box, 93:59
– – Insurance/pension review, contractor requirements, proposed rule relocates to DFARS, 93:485
– – Intellectual property, proposed rule to update patent, data, and copyright text, 94:310; comment period extension, status box, 94:535
– – Interagency contracts, final rule limits procurement through non-DOD agencies, 93:114; status box, 93:119
– – Iraq and Afghanistan acquisitions, final rule on competition limits and small arms requirements, 93:277 (4/13/10); status box, 93:278 (4/13/10)
– – Lead systems integrators, final rule on use restrictions, 93:55; status box, 93:59
– – Letter contracts, definitization requirements, final rule clarifies, 93:484; status box, 93:485
– – Major defense acquisition programs (MDAPs)

– – – Competition throughout life cycle, interim rule, 93:157; status box, 93:163; final rule, 94:234; status box, 94:241
– – – Milestone decision authority to select contract type, final rule, 93:277 (4/13/10); status box, 93:278 (4/13/10)
– – – Special tooling for hardware, preservation and storage, proposed rule, 93:399

– – Motor carrier fuel surcharge, final rule, 94:310
– – Multiyear contracts for major systems, interim rule on certification of authority, 93:162; status box, 93:163; final rule, 94:234; status box, 94:241
– – Non-DOD agency procurements, interim rule, 93:485
– – Para-aramid fibers and yarns, final rule allows from countries with reciprocal pact, 93:207 (6/22/10)
– – “Pass-through charges,” provision repeal, final rule, 94:179; status box, 94:185
– – Personal services contracts, interim rule requires statements of work and safeguards to prevent unauthorized contracts, 94:218; status box, 94:241
– – Peru, final rule on waiver of Buy American Act, 93:59
– – Prompt payment, interim rule provides Act exemption for contingency operations and emergencies, 94:69; status box, 94:76
– – Quality assurance surveillance and performance management plans, final rule, 93:373; status box, 93:375
– – Reporting

– – – Annual representations and certifications, final rule, 93:399
– – – Costs and software data, system requirements for MDAPs and major automated information programs, proposed rule, 93:399
– – – Electronic reporting of subcontracts, interim rule, 94:407

– – Senior mentors, final rule bars contracting out, 94:523
– – Serial numbers on major end items, final rule, 94:310
– – Sexual assault and harassment

– – – Definition of assault, proposed rule requires contractor employees' awareness, 94:523
– – – Mandatory arbitration of contractor employees' claims, interim rule restricts for contracts over $1M, 93:428; status box, 93:437; final rule, 94:557; status box, 94:567

– – Source selection, CO discussions with offerors for awards over $100M, proposed rule, 94:525
– – Specialty metals, final rule eliminates report for COTS items containing foreign metals in noncommercial end items, 94:185
– – Taiwan, final rule adds designated country listing due to WTO Gov't Procurement Agreement membership, 93:485
– – Technical amendments, final rule, 94:595
– – Technical data

– – – Computer software, validation of contractors' restrictions, proposed rule, 93:399; ABA says rule is beyond scope of laws, 94:32
– – – Vessel hull design protection, final rule, 94:241

– – Trade agreements, threshold increase, interim rule, 93:485; final rule, 94:139; adopted without change, 94:432
– – TRICARE Retail Pharmacy Program, ceiling prices extension, comments requested on final rule, 93:119; comment period reopened, 93:139; final rule readopted, 94:404; status box, 94:407
– – Unclassified information, advance notice of rulemaking on contract requirements for security of information and information systems, 93:178; status box, 93:188; industry groups comment, 93:394; BNA Insights, 94:247
– – Undefinitized contract actions, interim rule on payments of allowable costs prior to definitization, 93:187; status box, 93:188
– – Unpriced change orders subject to oversight, final rule, 94:182; status box, 94:185
– – Warranties, tracking of item unique identification items, comments requested, 94:229; status box, 94:241
– – Weapons systems, final rule on assessments of “long-term technical data needs,” 93:8; status box, 93:11
– – Wide Area WorkFlow-Receipt and Acceptance electronic system report, proposed rule, 94:279

– Renewable energy contracts, limitation, interim rule, 93:207 (6/22/10)
– SDDC

See SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND (SDDC)

– Security clearance, Kuwait contractor employees in sensitive jobs without clearances, IG report, 94:308
– Services contracts

– – Defense Threat Reduction Agency, FY 2008 inventory available, 93:339
– – FY 2009 inventory list available, 94:406
– – Inconsistent methodologies used for inventories (GAO-10-350R), 93:113
– – Sec'y Gates promises cuts in support services, 94:178; CRS report on savings, 94:198; industry groups urge moratorium on insourcing, 94:200

– Sexual assault or harassment

– – Arbitration bar on contractor employees' claims

– – – Class deviation, Defense Appropriation Act provision, 93:135
– – – Industry group's clarification request, 93:49

– – Prevention training and reporting, IG wants contract requirement, 93:333

– Small business

– – Construction, architectural and engineering services, set-asides, 93:206 (6/22/10)
– – Contract financing, CO should review all options, memo, 93:277 (4/13/10)
– – §8(a) Bus. Dev. Program Partnership Agreement with SBA, 93:9; meeting, SBA notice, 93:11

– SOCOM

See SPECIAL OPERATIONS COMMAND, U.S. (SOCOM)

– Solicitations, warehouse space requirement not met, proposal noncompliant, award vacated (Fed. Cl.), 93:342
– Space system acquisitions

– – Commercial practices, use of, GAO report, 93:30
– – Cost overruns and delays, 93:203
– – Small Business Innovation Research program, data on effectiveness of technologies lacking (GAO-11-21), 94:478

– Subcontracting

– – Comprehensive Subcontracting Plan Test Program, effectiveness questioned, 94:428
– – Hurricane rebuilding contracts, oversight lacking (GAO-10-723), 94:200

– Supply chain assessment expected, China's de facto rare earth embargo of Japan, 94:362
– Supply chain management

– – Counterfeit parts

– – – Combating Military Counterfeits Act

See LEGISLATION, FEDERAL, HR 3941

– – – Senators ask for information, 94:152

– – Performance measures, GAO report, 94:135

– Synchronized Predeployment and Operational Tracker (SPOT) database incomplete, GAO official says, 93:249
– Undefinitized contract actions, management at component level needs improvement, report (GAO-10-299), 93:116
– USAF

See AIR FORCE (USAF)

– Water plant in Iraq, hexavalent chromium exposure, no jurisdiction over failure to warn suit (S.D. Ind.), 93:212
– Weapon systems acquisitions

– – Leadership key to success (GAO-10-522), 93:396
– – Make-or-buy analyses, additional guidance recommended (GAO-11R-61R), 94:449
– – Product support reform report, 93:6

DEFENSE INDUSTRY

– Blackwater Worldwide

– – Arms export violations settlement with State Dep't, 94:203; lawmaker expresses concern, 94:221
– – Baghdad shooting, Garrity applicable, immunity due to compelled statements (D.D.C.), 93:14

– Kellogg Brown & Root

– – Dining facilities and meal services, FCA claims dismissal (4th Cir.), 93:14
– – Hexavalent chromium exposure at Iraq water plant, no jurisdiction over Natl. Guard soldiers' failure to warn suit (S.D. Ind.), 93:212
– – Security guards, FCA and breach claims made by DOJ, billing for security guards and arming of employees (D.D.C.), 93:269 (4/13/10)
– – Wartime Contracting Comm'n, LOGCAP transition plan, insufficient information given on military drawdown, 93:272 (4/6/10)
– – Waste disposal and contaminated water, toxic exposure claims proceed (D. Md.), 94:287

– UAE offset rule change for defense contractors, 93:211 (6/22/10)

DEFENSE INFORMATION SYSTEMS AGENCY (DISA)

– Commercial satellite communications, FSS contracting, special item numbers added, 93:136

DEFENSE INTELLIGENCE AGENCY (DIA)

– Past performance ratings for technical/management and performance not contradictory (Fed. Cl.), 93:378
– Security, facility clearance requirement, jurisdiction (ASBCA), 94:77

DEFENSE LOGISTICS AGENCY (DLA)

– Defense Supply Centers

See DEFENSE SUPPLY CENTERS (DSCs)

– Efficiency initiative, agency to cut contract prices by 10 percent, 94:223
– “Spot buy” with formal RFP subject to jurisdiction, sustained (Comp. Gen.), 94:288

DEFENSE PRODUCTION ACT (DPA)

– Allocation orders, Commerce Dep't proposed rule on reauthorization, 93:483
– Defense Production Act Comm., DHS and DOD Sec'ys as rotating Chairs, presidential memo, 93:461
– Offsets, reporting requirements, Commerce Dep't meeting, 93:57

DEFENSE SUPPLY CENTERS (DSCs)

– Attorneys' fees, no EAJA entitlement when U.S. voluntarily dismisses claim, appellant not “prevailing party” (ASBCA), 94:78
– Default termination, First Article Test failure, no agreement to accept “serviceable units” (ASBCA), 93:343
– Delivery order, waiver of CO authorization (ASBCA) , 93:78
– Food and beverage vendor contract, no standing for non-bidder and waiver of award objections (Fed. Cl.), 93:377
– Garrison cap supplier's claims untimely (ASBCA), 93:213

DEFENSES

– Collateral estoppel

See COLLATERAL ESTOPPEL

– Government contractor defense

– – Convoy accident in Iraq, KBR employees' suits, inapplicable (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
– – Specifications lacking, backfill led to flooding (5th Cir.), 94:284

– Laches

See LACHES

– Personal jurisdiction defense to tort claim (11th Cir.), 93:77
– Sovereign acts doctrine, AOC work restrictions not “public and general” (GAOCAB), 93:443 (6/29/10)

DELAY

– Default termination

– – Bottled water contract, delay before termination not unreasonable, no waiver of delivery date (ASBCA), 94:369
– – Commercial Items clause and excusable delays, failure to timely deliver (ASBCA), 93:79
– – Hurricane and financial issues not excusable delay (CBCA), 93:214

– Faster FOIA Act

See LEGISLATION, FEDERAL, HR 5087

– Implied duty of cooperation, Army breach, specifications and withheld information (ASBCA), 93:212
– Laches

See LACHES

– Liquidated damages defense claim 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
– Space system acquisitions, DOD, 93:203
– Stimulus project delivery delayed by ARRA requirements (GAO-10-383), 93:161
– Urgent need requests by DOD, equipment delays (GAO-10-460), 93:392
– Weather-related productivity loss, VA contractor not entitled to adjustment (Fed. Cl.), 94:510

DELIVERY ORDER CONTRACTS

See TASK ORDER/DELIVERY ORDER CONTRACTS

DEPARTMENT OF

See specific departments

DEPOSITIONS

– Motion to supplement record, testimony of bias against incumbent (Fed. Cl.), 93:216 (6/22/10)

DETENTION FACILITIES

See generally CORRECTIONAL FACILITIES

DIA

See DEFENSE INTELLIGENCE AGENCY (DIA)

DISABILITY BENEFITS

– Preventing Waste, Fraud, and Abuse Act

See LEGISLATION, FEDERAL, HR 5363

DISABLED PERSONS

– AbilityOne program

– – Las Vegas maintenance awards, jurisdiction, injunction (Fed. Cl.), 94:572
– – Set-aside guidelines not followed, performance enjoined on VA laundry services contract (Fed. Cl.), 94:433

– Affirmative action

– – Outreach by OFCCP, 94:182
– – Rehabilitation Act, §508 obligations, OFCCP requests rulemaking comments, 94:98; status box, 94:105

– Committee for Purchase From People Who Are Blind or Severely Disabled, procurement list revisions, 93:119
– Disability Policy Office listening session, OFCCP Dir. Shiu outlines priorities, 93:138
– FHFA notice of proposed rule, inclusion of women in equal opportunity and outreach, 93:11; rule to promote diversity, 93:29
– Information technology, Rehabilitation Act, §508 compliance, acquisition of accessible technologies, 94:99
– Javits-Wagner-O'Day Act

See JAVITS-WAGNER-O'DAY (JWOD) ACT

– Randolph-Sheppard Act

See RANDOLPH-SHEPPARD ACT (RSA)

– Service-disabled veteran-owned small businesses

– – Contracting goals unmet, SBA official says, 94:68
– – FAR final rule on sole source criteria, 94:11; status box, 94:12
– – VA final rule on ownership verification, 93:137; status box, 93:141
– – Vendor Information Pages database, ineligible for inclusion, pre-award protest jurisdiction (Fed. Cl.), 94:315

DISADVANTAGED BUSINESSES

– Business utilization program, DOL delegation of authority, 93:209
– DOT program, proposed changes to expand eligibility and oversight, 93:415
– Price evaluation adjustment for small firms, DOD class deviation, 93:224
– Veteran-owned small business

– – Contracting goals unmet, SBA official says, 94:68
– – E.O. 13,538 requires task force to aid owners in meeting goals, 93:338; status box, 93:339; 93:375
– – Ownership verification

– – – House panel hearing, improvement needed, GAO, 93:372
– – – VA final rule, 93:137; status box, 93:141

– – Sole source criteria for SDVOSBs, FAR final rule, 94:11; status box, 94:12
– – Veteran-Owned Small Business Contracting Fairness Act

See LEGISLATION, FEDERAL, HR 6022

DISASTERS

– American Manufacturing Disaster Relief Act

See LEGISLATION, FEDERAL, HR 6044

– Damage to Work clause interpretation, flood-damage to equipment (Fed. Cl.), 93:236
– Emergency procurements

See EMERGENCY PROCUREMENTS

– 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
– Federal Supply Schedules Usage Act

See LEGISLATION, FEDERAL, S 2868

– FEMA

See FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

– Supplemental Appropriations Act

See LEGISLATION, FEDERAL, HR 4899

DISCLOSURE

– Campaign finance reform

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

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

– – Fair Elections Now Act

See LEGISLATION, FEDERAL, HR 1826, S 752

– Classified information

See CLASSIFIED INFORMATION

– Clean Air Act, EPA notice of disclosure of information submitted under Title II, 93:141; status box, 94:618
– Community Partners Next Door Act

See LEGISLATION, FEDERAL, HR 553

– Contract actions, publication

– – ARRA awards, FAR final rule, 93:199 (6/22/10); status box, 93:207 (6/22/10)
– – DOD awards, required information not provided (GAO-11-122R, 11/30/10), 94:529
– – Justification and approval documents for noncompetitive contracts, FAR final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– – Task and delivery orders, online posting, FAR Councils ask for input, 93:416; status box, 93:420

– Criminal violations, FAR Mandatory Disclosure Rule, BNA Insights, 94:47
– Durable medical equipment program, CMS denies House lawmakers' request for suppliers list, 94:230
– Earmarks

– – Clean Up Earmarks Act

See LEGISLATION, FEDERAL, S 3475

– – Earmark Performance and Accountability

See LEGISLATION, FEDERAL, HR 4560

– – Earmark Transparency Act

See LEGISLATION, FEDERAL, HR 5258, S 3335

– FOIA

See FREEDOM OF INFORMATION ACT (FOIA)

– Government Accountability Office Improvement Act

See LEGISLATION, FEDERAL, HR 2646, S 2991

– NASA proposed rule on release of contractors' restricted information, 93:188
– Nonpublic procurement-related information, risks of contractor access, BNA Insights, 94:161
– Open EAJA Act

See LEGISLATION, FEDERAL, HR 4717

– Post-award debriefings, USAF memo on disclosure of unit prices, 93:31
– Protective orders, redacting GAO decisions, BNA Insights, 94:21
– Public contracts, 41 U.S.C.

See LEGISLATION, FEDERAL, HR 1107

– Public Online Information Act

See LEGISLATION, FEDERAL, HR 4858, S 3321

– Qui tam suits

See QUI TAM SUITS
– – Health care fraud

See HEALTH CARE FRAUD

– Reformation of price, breach of duty to disclose superior knowledge, deviation from RFP (ASBCA), 93:403
– Trade secrets, protective order for unit pricing materials not covered by law (ASBCA), 94:188
– Unclassified information

See UNCLASSIFIED INFORMATION

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

See WHISTLEBLOWERS

DISCOVERY

– Default termination, dismissal of appeal for failure to comply with orders (CBCA), 93:379
– FOIA

See FREEDOM OF INFORMATION ACT (FOIA)

DISCRIMINATION

– Center for Corporate Equality report on OFCCP FY 2008 settlements, 93:95
– Mandatory arbitration bar on contractor employees' claims

– – DOD class deviation, Defense Appropriation Act provision, 93:135; interim rule restricts pacts for contracts over $1M, 93:428; status box, 93:437; final rule, 94:557; status box, 94:567
– – Industry group requests clarification, 93:49

DISCUSSIONS

– Cargo processing services, termination of contract without discussions and reissuance of solicitation (Fed. Cl.), 94:245
– Conflicts of interest mitigation plan, exchanges related to plan not discussions (Comp. Gen.), 93:124
– Management software tool, Coast Guard did not fully convey concerns (Comp. Gen.), 94:157
– Rotor blade facility, Navy misled protestor, deficiency rendered proposal ineligible (Comp. Gen.), 93:215 (6/22/10)
– Schedule for FOIA system contract, DOJ did not address (Comp. Gen.), 93:124
– Source selection, awards over $100M, DOD proposed rule, 94:525
– Treasury Dep't IT infrastructure contract, no unequal treatment (Fed. Cl.), 93:440

DISHONESTY

– Qui tam suits

See QUI TAM SUITS

DISTRICT OF COLUMBIA

– Wash. Metro. Area Transit Auth., claims not barred by res judicata or collateral estoppel (D.D.C.), 94:287

DLA

See DEFENSE LOGISTICS AGENCY (DLA)

DOD

See DEFENSE DEPARTMENT (DOD)

DOE

See ENERGY DEPARTMENT (DOE)

DOI

See INTERIOR DEPARTMENT (DOI)

DOJ

See JUSTICE DEPARTMENT (DOJ)

DOMESTIC SOURCE RESTRICTIONS

– American Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Ball and roller bearings, DOD proposed rule revises restrictions, 93:399; final rule, status box, 94:567
– Buy American Act

See BUY AMERICAN ACT

– Canadian Ambassador warns against adoption of buy local policies, 93:284 (4/6/10)
– Costa Rica

– – FAR final rule allows for purchases if trade pacts apply, 93:230
– – Presidential proclamation, Free Trade Agreement, 93:207 (6/22/10)

– Legislation

– – All-American Flag Act

See LEGISLATION, FEDERAL, HR 2853

– – American Jobs Matter Act

See LEGISLATION, FEDERAL, HR 5637

– – American Manufacturing Disaster Relief Act

See LEGISLATION, FEDERAL, HR 6044

– – Berry Amendment Extension Act

See LEGISLATION, FEDERAL, HR 3116

– – Jobs Through Procurement Act

See LEGISLATION, FEDERAL, HR 6262

– – Manufacture Renewable Energy Systems: Make it in America Act

See LEGISLATION, FEDERAL, HR 5792

– Oman, final FAR rule allows for purchases if trade pacts apply, 93:230
– Peru, final FAR rule allows for purchases if trade pacts apply, 93:230
– Specialty metals, DOD final rule eliminates report for COTS items containing foreign metals in noncommercial end items, 94:185
– Textiles

– – DHS

– – – Berry Amendment Extension Act

See LEGISLATION, FEDERAL, HR 3116

– – – Interim final rule, affirmation, 93:483; status box, 93:485

– – Para-aramid fibers and yarns, DOD final rule allows from countries with reciprocal pact, 93:207 (6/22/10)

DOT

See TRANSPORTATION DEPARTMENT (DOT)

DPA

See DEFENSE PRODUCTION ACT (DPA)

DRIVERS

– Text messaging, FAR interim rule to encourage contractors' ban, 94:332; status box, 94:340

DRUG

– Federal Employee Health Benefits Program

See LEGISLATION, FEDERAL, HR 4489

– Health care fraud

See HEALTH CARE FRAUD

– HHS unveils emergency medical countermeasures strategy, 94:202
– Substance abuse programs for contractor employees, DOE requests comments, 94:139
– TRICARE Retail Pharmacy Program, ceiling prices extension, comments requested on DOD final rule, 93:119; comment period reopened, 93:139; final rule readopted, 94:404; status box, 94:407

DRUG AND ALCOHOL ABUSE

– DOE contractor employees, programs for, comments requested, 94:139

DSCs

See DEFENSE SUPPLY CENTERS (DSCs)