Federal Contracts Report Index-Summary

E-GOVERNMENT

– E-Rulemaking Act

See LEGISLATION, FEDERAL, S 3946

– Google Apps for Gov't, GSA move, 94:532
– OMB E-rulemaking guidelines expected, 94:527; best practices guide issued, 94:565

E-MAIL

– Google Apps for Gov't, GSA move, 94:532
– Suspension of L-3 Communications division pending investigation possible misuse, 93:439 (6/29/10); lifted, 94:153

E-VERIFY PROGRAM

See EMPLOYMENT ELIGIBILITY VERIFICATION

EAJA (EQUAL ACCESS TO JUSTICE ACT)

See ATTORNEYS' FEES

EARMARKS

– Campaign finance, reform coalition proposes linking contribution restrictions to special-project funding, 94:332
– For-profit entities, DOD to identify in FY 2010 appropriations, 93:482; Assad memo, contracts associated with earmarks, DFARS and FAR compliance, 94:184
– House Democrats propose new ban on funds for private firms, 93:204
– Legislation

– – Anti-Pork Act

See LEGISLATION, FEDERAL, HR 5997

– – Clean Up Earmarks Act

See LEGISLATION, FEDERAL, S 3475

– – Earmark Performance and Accountability

See LEGISLATION, FEDERAL, HR 4560

– – Earmark Reform and Federal Spending Transparency and Accountability Act

See LEGISLATION, FEDERAL, S 3939

– – Earmark Transparency Act

See LEGISLATION, FEDERAL, HR 5258, S 3335

– – FDA Food Safety Modernization Act

See LEGISLATION, FEDERAL, S 510

– – Reform commission

See LEGISLATION, FEDERAL, HR 5775

– Obama urges reform before Senate budget vote, 94:474
– Senate

– – Minority Leader McConnell (R-Ky) says ban gives White House power, 94:453
– – Moratorium proposal killed, 93:227; 94:332; DeMint (R-SC) predicts success for GOP ban, 94:479; momentum for ban grows, 94:505

EARNED VALUE MANAGEMENT SYSTEMS (EVMS)

– DCAA audit, insufficient time given by DCMA, DOD IG report, 94:180
– Treasury Dep't proposed rule, major system acquisition, 94:589; status box:, 94:595

ECONOMIC POLICY

– American Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Budget

See BUDGET, U.S.; specific agencies and departments

EDUCATION DEPARTMENT

– Acquisition regulation, proposed revisions, 94:203; status box, 94:204

ELECTIONS

– 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

– Government contractors, impact on, BNA Insights, 94:488
– No Taxpayer Money for Corporate Campaigns Act

See LEGISLATION, FEDERAL, HR 4550

ELECTRONIC COMMERCE

– Electronic Document Access System, DOD final rule on establishment of account, 94:310
– Federal Procurement Data Sys.-Next Generation

– – Business group says removal of field will hurt small firms (N.D. Cal.), 93:316
– – Treasury Account Symbols reporting threshold lowered, DOD memo, 94:431

– Wide Area WorkFlow-Receipt and Acceptance electronic system report, DOD proposed rule, 94:279

EMERGENCY ECONOMIC STABILIZATION ACT (EESA)

– TARP

See TROUBLED ASSET RELIEF PROGRAM (TARP)

EMERGENCY PROCUREMENTS

– Contingency operations

See CONTINGENCY OPERATIONS

– Disaster response contractors' registry, FAR final rule, 94:12
– FEMA

See FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

– Hurricane Katrina security services, FCA complaint not pled with particularity (E.D. Va.), 94:78
– Letter contracts

See LETTER CONTRACTS

– Panel on Contracting Integrity's 2009 report, recommended DOD actions for 2010 implementation, 93:70
– Prompt payment, DOD interim rule provides Act exemption, 94:69; status box, 94:76
– Subcontracting limit on cost-reimbursement contracts above simplified acquisition threshold, proposed DHS rule, 93:481; status box, 93:485; industry group criticizes, 94:179
– Voluntary Private Sector Preparedness Accreditation and Certification Program standards, DHS adoption, 93:205 (6/22/10); status box, 93:207 (6/22/10)

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

EMPLOYEE STATUS

– FLSA retaliation, contractor with contingent offer not employee (E.D. Va.), 93:316

EMPLOYMENT ELIGIBILITY VERIFICATION

– All-American Flag Act

See LEGISLATION, FEDERAL, HR 2853

– I-9 inspections during OFCCP compliance reviews discontinued, 94:506

ENERGY

– China, Joint Comm'n on Commerce and Trade agreements, 94:598
– DOE

See ENERGY DEPARTMENT (DOE)

– GreenGov Supply Chain Partnership and small business pilot program, GSA initiative, 94:504
– Iran, firms with commercial activity in energy sector despite sanctions, GAO report, 93:412; petroleum products sold by contractors in 2009 and 2010, 94:357
– Legislation

– – Department of Defense Energy Security Act

See LEGISLATION, FEDERAL, HR 5280

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

See LEGISLATION, FEDERAL, HR 5792

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

See LEGISLATION, FEDERAL, HR 5780

– – Revitalizing American Manufacturing Act

See LEGISLATION, FEDERAL, HR 5744

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

ENERGY DEPARTMENT (DOE)

– CICA stay override upheld, radiation health risks at contract site (Fed. Cl.), 94:433
– Cost estimation guidance for construction and environmental cleanup projects lacking, report (GAO-10-199), 93:51
– Department of Defense Energy Security Act

See LEGISLATION, FEDERAL, HR 5280

– Department of Energy National Security Act

See LEGISLATION, FEDERAL, S 3457

– Litigation expenses for claims resulting in liability not allowable (CBCA), 94:619
– Long-term contract authority for federal agencies, Congressional approval sought, 93:70
– Nuclear Waste Policy Act, jurisdiction for mandamus order on statutory interpretation not in conflict with breach claim (Fed. Cir.), 93:39
– Regulations

– – Acquisition planning and contract types, notice of proposed rulemaking, 94:12
– – Advisory and assistance services, proposed rule, 93:8
– – Contract appeals procedures, notice of proposed rulemaking, 94:12
– – General Contracting Requirements, Special Categories of Contracting, Contract Management, notice of proposed rule, 93:11
– – M&O contracts, notice of proposed rulemaking to conform with FAR, 93:485; final rule, 94:454
– – Records, ownership and access, proposed rulemaking notice, 93:437
– – Socioeconomic programs to conform to FAR, notice of proposed rulemaking, 93:207 (6/22/10); final rule, status box, 94:481
– – Substance abuse programs for contractor employees, comments requested, 94:139

ENGINEERS AND ENGINEERING

– Army Corps of Engineers

See ARMY CORPS OF ENGINEERS

– Attorneys' fees, firm's EAJA award improper when U.S. had “substantial” case (7th Cir.), 93:166
– FCA, inflated pay rates for unqualified consultants, federally funded state project (W.D. Pa.), 94:371

ENVIRONMENT

– Biobased products, USDA proposed rule adds items to preferred procurement list, 93:118; status box, 93:119; final rule, 94:407
– Cleanup cost estimation, DOE guidance lacking, report (GAO-10-199), 93:51
– “Environmentally preferable” products and services, GSA efforts to promote use, 94:220
– Flooding

– – Damage to Work clause interpretation, equipment damage (Fed. Cl.), 93:236
– – Government contractor defense, specifications lacking (5th Cir.), 94:284

– GreenGov Supply Chain Partnership and small business pilot program, GSA initiative, 94:504
– Gulf oil spill, BP could lose contracting privileges, 94:34
– Hexavalent chromium exposure at Iraq water treatment plant, no jurisdiction over Natl. Guard soldiers' suit (S.D. Ind.), 93:212
– Legislation

– – Department of Defense Energy Security Act

See LEGISLATION, FEDERAL, HR 5280

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

See LEGISLATION, FEDERAL, HR 5792

– – National Wildfire Infrastructure Improvement and Cost Containment Act

See LEGISLATION, FEDERAL, HR 4488

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

See LEGISLATION, FEDERAL, HR 5780

– – Revitalizing American Manufacturing Act

See LEGISLATION, FEDERAL, HR 5744

– Radiation health risks at contract site, DOE CICA stay override upheld (Fed. Cl.), 94:433
– Recycled materials, procurement

See LEGISLATION, FEDERAL, S 3633

– Waste disposal and contaminated water, toxic exposure claims proceed (D. Md.), 94:287

ENVIRONMENTAL PROTECTION AGENCY (EPA)

– Clean Air Act, notice of disclosure of information submitted under Title II, 93:141; status box, 94:618
– Proposal evaluations, price/technical tradeoff analysis inadequate (Comp. Gen.), 94:140

E.O.

See EXECUTIVE ORDERS

EPA

See ENVIRONMENTAL PROTECTION AGENCY (EPA)

EQUAL ACCESS TO JUSTICE ACT (EAJA)

See ATTORNEYS' FEES

ERISA

– FAR interim rule, alignment with CAS 412 and CAS 415, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Pension Protection Act, CAS Bd. proposed rule would harmonize CAS 412 and CAS 413 provisions with Act, 93:411; status box, 93:420

ESSA (EMERGENCY ECONOMIC STABILIZATION ACT)

– TARP

See TROUBLED ASSET RELIEF PROGRAM (TARP)

ESTOPPEL

– Collateral

See COLLATERAL ESTOPPEL

– Judicial

See JUDICIAL ESTOPPEL

– Laches

See LACHES

ETHICS

– Brazilian IG to prepare list of firms with ethical conduct, 93:284 (4/6/10)
– 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

– Criminal violations, FAR Mandatory Disclosure Rule, BNA Insights, 94:47
– Private security contractors, international code of conduct, Xe Servs. and DynCorp sign, 94:478
– Procurement integrity

See PROCUREMENT INTEGRITY
– – Conflicts of interest

See CONFLICTS OF INTEREST

EUROPEAN UNION (EU)

– Aircraft industry subsidies

– – Airbus, WTO panel's final ruling 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, WTO panel delays interim report, 94:42; preliminary ruling upholds key EU claims, 94:281

– Information Tech. Agreement, WTO ruling delay on tariffs, 93:401; preliminary ruling, 93:212 (6/22/10)
– KC-X refueling tanker

– – Clerical error, swap of source selection data, 94:523
– – Defense Level Playing Field Act

See LEGISLATION, FEDERAL, HR 6540

– – Fair Defense Competition Act

See LEGISLATION, FEDERAL, HR 5298, S 3361

– – Northrop/EADS withdrawal, concern over decision, 93:211; EADS has 60 days to bid, 93:269 (4/6/10); senators' extension concerns, 93:273 (4/13/10); EADS will compete, 93:331

– WTO's Gov't Procurement Agreement, improvement in market access offers sought, 94:282; 94:313; negotiations may end soon, 94:408; reciprocity emphasis in latest offer, 94:597

EVIDENCE

– Admission of employee's mail fraud guilty plea to establish FCA liability (E.D. Ill.), 93:439
– Gratuity, Super Bowl ticket, full value paid, USAF bias and illegality unproven (Fed. Cl.), 94:315
– Mistake, “clear and convincing” standard for correction of bid (Fed. Cl.), 93:60

EVMS

See EARNED VALUE MANAGEMENT SYSTEMS (EVMS)

EXECUTIVE COMPENSATION

– Grants and cooperative agreements, first-tier disclosure, OMB interim final guidance, 94:279
– OMB benchmark notice, 93:313
– Project on Gov't Oversight urges broader employee coverage for cap limits, 93:370
– Subcontracts, first-tier disclosure, FAR interim rule, 94:32; status box, 94:40; industry group criticizes “burdensome” requirements, 94:218; industry group criticizes lack of key definitions, 94:232

EXECUTIVE ORDERS

– 13,126, Forced child labor prohibition, updated product list, certification, DOL notice, 94:105; comments request, status box, 94:595; correction, status box, 94:618
– 13,488, Reinvestigation of individuals in public trust positions, OMB proposed rule, 94:481
– 13,494, Economy in Gov't Contracting, FAR proposed rule, allowable costs related to influencing employees on labor rights, 93:304; business group opposes, 93:200 (6/22/10); status box, 93:313
– 13,495, Nondisplacement of qualified workers under service contracts, first refusal right under successor contracts, DOL proposed rule, 93:251; status box, 93:256
– 13,496, Notification of employee rights under federal labor laws, OFCCP compliance directive, 93:201 (6/22/10)

– – DOD class deviation, 93:439 (6/29/10)
– – FAR interim rule, 94:560; status box, 94:567

– 13,502, Project labor agreements, FAR final rule, 93:308; status box, 93:313
– 13,513, Federal employees' text messaging while driving, interim FAR to encourage contractors' ban, 94:332; status box, 94:340
– 13,526, Classified information, uniform system for safeguarding and declassifying national security information, 93:11; DOD proposed rule on declassification requests, 94:310
– 13,534, National Export Initiative, export control reform, 93:206; signed, status box, 93:230; appointment of council members, 94:38
– 13,538, Veteran-owned small business, requires task force to aid owners in meeting contracting goals, 93:338; status box, 93:339; 93:375
– 13,541, Iraq, establishes temporary organization to facilitate strategic partnership, 93:420
– 13,566, Controlled unclassified information, program to manage, signed, 94:477; status box, 94:481
– 13,568, Federal Export Enforcement Coordination Center, signed, 94:481

EXHAUSTION OF REMEDIES

– Transit contractor's claims not barred by res judicata, but first must be exhausted (D.D.C.), 94:287

EXPORT CONTROLS

– Blackwater Worldwide, arms export violations settlement, 94:203; lawmaker expresses concern, 94:221
– Contractor compliance with rules when items involved in performance, DOD final rule, 93:276 (4/13/10); status box, 93:278 (4/13/10)
– Enforcement focus, Commerce Dep't official discusses, 94:231
– Federal Export Enforcement Coordination Center, E.O. 13,558 signed, 94:481
– Free trade agreements

– – Columbia, Panama, and South Korea, passage urged by GOP lawmakers, 93:74
– – Costa Rica

– – – FAR final rule, 93:230
– – – Presidential proclamation, 93:207 (6/22/10)

– – Oman, FAR final rule, 93:230
– – Peru, FAR final rule, 93:230

– India, Obama promises to end sale restrictions on dual-use technology, 94:484
– 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)

– – House lawmakers' letter shows support for sanctions for nuclear weapons threat, 93:307
– – Senate committee hearing witnesses say sanctions not enforced, 93:412
– – U.S. export data inflated, transshipments problematic (GAO-10-375), 93:209

– Japan, lifting arms export ban favored by Defense Minister, 93:37; review underway, 93:232
– Minerals and metals, no world trade rules to deal with restrictions, Org. for Econ. Cooperation and Dev., 93:280 (4/13/10)
– Missile Tech. Control Regime Annex, Commerce Dep't final rule on revisions, 93:339
– National Export Initiative, promotion strategy explained by Locke, 93:91; President outlines plan elements and goals, 93:206; signed, status box, 93:230; appointment of council members, 94:38
– President's economic report, lower initial costs to increase exports, 93:117
– Reciprocal Government Procurement with China Creates American Jobs Act

See LEGISLATION, FEDERAL, HR 5312

– Reform efforts

– – Administration task force submits options list, 93:75
– – Coalition for Security and Competitiveness, 93:33
– – Export Control Practitioners Group, 93:55
– – National Ass'n of Mfrs., 93:306
– – President to update progress on harmonization of licensing policies and restructuring of Control and Munitions Lists, 94:226
– – Single export control list, single IT system, single enforcement coordination agency, and single licensing agency, DOD Sec'y Gates explains reform agenda, 93:335

– Russia, arms exports, growth pledge, 93:232
– WTO

See WORLD TRADE ORGANIZATION (WTO)

EXTRATERRITORIAL JURISDICTION

– Civilian Extraterritorial Jurisdiction Act

See LEGISLATION, FEDERAL, HR 4567, S 2979

– War Profiteering Prevention Act

See LEGISLATION, FEDERAL, HR 1667