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Vol. 93, Nos. 1-24, pp. 1-492; Vol. 94, Nos. 1-23, pp. 1-628 Jan. 12- Dec. 28, 2010 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
FAA
See generally CONTRACTING OUT
Retaliation, contractor with contingent offer not employee (E.D. Va.), 93:316
Admission of employee's mail fraud guilty plea to establish liability (E.D. Ill.), 93:439
Attorneys' fees, frivolous suit (E.D. Va.), 93:421 Breach of contract and true fraud, BNA Insights, 94:580 Conspiracy claims, defendants who pled guilty cannot contest U.S. loss damages (E.D. Va.), 94:509 Hewlett-Packard to pay $55M to resolve kickback claims (E.D. Ark.), 94:233 LOGCAP, KBR
Dining facilities and meal services, claims dismissal (4th Cir.), 93:14
Security guards, DOJ complaint for unauthorized billing (D.D.C.), 93:269 (4/13/10) Multiyear contract and invoices can constitute claim even when limit period has run (6th Cir.), 94:536 Patient Protection and Affordable Care Act, impact on public disclosure bar, BNA Insights, 94:252 Pleading, former Lockheed employee's claim sufficiently alleged and not released by settlement (N.D. Tex.), 94:537 Qui tam suits
See WHISTLEBLOWERS
Stay of pending default termination suit rejected due to stigma to appellant (ASBCA), 94:111 Treble damages
Misstatements in contract and grant proposals, BNA Insights, 94:345
Oil and gas company must pay, no communication with DOJ made (D. Colo.), 94:317
FCA
See generally REGULATIONS, FEDERAL
Task order protest barred (Fed. Cl.), 93:282 (4/6/10)
See generally CONTRACTING OUT
FAA Air Transportation Modernization and Safety Improvement Act
Proposal evaluations
National Airspace Sys., improper past performance review for support services contract (ODRA), 93:62
Service Operations Support contract protest over rating (ODRA), 93:61; sustained for misrepresentation of personnel availability, 93:466
Cybersecurity certification program for service providers, FTC comments on proposal, 94:383
Active case management procedures discontinued, directive, 94:590
Center for Corporate Equality report on FY 2008 settlements, 93:95 Disabled persons
Affirmative action, rulemaking comments requested for Rehabilitation Act, §503 obligations, 94:98; status box, 94:105
Disability Policy Office listening session, Dir. Shiu outlines priorities, 93:138
Jurisdiction expands, 94:132
Natl. Employment Law Inst. conference, power over providers, 94:404 I-9 inspections during compliance reviews discontinued, 94:506 Indus. Liaison Group conference, officials say transitional year activities include hiring and outreach, 94:182 Natl. Employment Law Inst. speaker says ambitious overhaul planned, 94:422 Posting of employee rights under federal laws, E.O. 13,496, compliance directive, 93:201 (6/22/10)
DOD class deviation, 93:439 (6/29/10)
FAR interim rule, 94:560; status box, 94:567
Affirmative action
Allowable costs
See ALLOWABLE COSTS
Conflicts of interest
See CONTRACTING OUT
Accountability for Defense Contractors Act
Defund the Crooks Act Federal Awardee Performance and Integrity Info. Sys.
See Federal Awardee Performance and Integrity Info. Sys., this heading
National Procurement Fraud Task Force, BNA Insights, 93:220 (6/22/10) OSHA and other labor law violations, firms still given awards despite prior history (GAO-10-1033), 94:380; disagreement on automatic debarment, 94:429; lawyers discuss impact, BNA Insights, 94:512 Summitville Procurement Protection Act
See Taxation, this heading
Criminal violations, FAR Mandatory Disclosure Rule, BNA Insights, 94:47 Debarment Defense Base Act Disclosure of contractors' restricted information, NASA proposed rule , 93:188 Elections Expanding Opportunities for Main Street Act
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 Government property
Access and reporting requirements, DOD proposed rule, 94:618
Serial numbers in human-readable format on items furnished to contractors, DOD proposed rule, 93:375; status box, 93:399 Kidnapping threats to employees overseas, Special Report, 94:544 Lead systems integrators Personal identity verification cards provided by U.S., FAR proposed rule on collection, 93:437; reinforces mandate of return of ID, 93:457 PLAs, open shop contractors allege union favoritism by administration, 93:94 Posting of employee rights under federal 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 Public trust positions, E.O. 13,488, reinvestigation requirements, OMB proposed rule, 94:481 Qui tam suits
See QUI TAM SUITS
Secure Federal File Sharing Act Sexual assault and harassment
Definition of assault, proposed rule requires contractor employees' awareness, 94:523
Mandatory arbitration bar on assault or harassment claims, DOD
Class deviation, Defense Appropriation Act provision, 93:135
Industry group requests clarification, 93:49 Interim rule restricts pacts for contracts over $1M, 93:428; status box, 93:437; final rule, 94:557; status box, 94:567
Contract payments, 3 percent withholding, industry group requests delay, 94:272
Delinquency, award bar
Cancellation of negotiated procurement reasonable (Fed. Cl.), 93:281 (4/6/10)
Contract management, improvement recommended by DHS IG, 93:158 Debris Contracting Guidance, availability, 93:207 (6/22/10) Emergency preparedness improvements, DHS IG report, 94:400 Temporary housing support services, reissuance of solicitation, justiciability of pre-award protest (Fed. Cl.), 93:41
See also specific agencies and departments
Accountability and Transparency in Ethics Act
Inflated compensation reports, OPM and union dispute, 94:201
Locality pay area, OPM interim rule, 94:344
See CONTRACTING OUT
Federal Employee Health Benefits Program
See INSOURCING
Whistleblowers
FCA, inflated pay rates for unqualified consultants, federally funded state project (W.D. Pa.), 94:371
Equal opportunity and outreach, inclusion of women and minorities, notice of proposed rule, 93:11; rule to promote diversity, 93:29
Federal spending levels for FY 2010, 94:558
Inherently governmental functions
Feingold (D-WI) wants ban on outsourcing security services in war zones, 93:480
Policy letter proposed, 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 Wartime Comm'n hearing, professor says risk factors may aid determination for security services, 93:197 (6/22/10) Services contracts, inventories, guidance, 94:475 Tax-delinquent contractors, survey of agencies' policies, 93:157
BPAs
Construction site security, some services outside scope of vendor's contract (Comp. Gen.), 93:101 Federal Supply Schedules Usage Act MAS contracts VA health care contracting problems, IG report, 93:481 Webinar on information technology, Schedule 70 contracts, 93:34
Combat activities exception
Shooting in Iraq, jurisdiction over interlocutory appeal (5th Cir.), 93:341
Water treatment and waste disposal, toxic exposure claims proceed (D. Md.), 94:287
Cybersecurity certification program for service providers, comments on FCC proposal, 94:383
FHFA
Defense acquisition reform
Improper payments Reporting first-tier subcontract information for contracts over $25K
FAR interim rule, 94:8; status box, 94:12; rule requires public disclosure of awards and executive compensation, 94:32; status box, 94:40; correcting amendment, 94:105; industry group criticizes burdensome requirements, 94:218; industry group criticizes lack of key definitions, 94:232
Federal Funding Accountability and Transparency Act, OMB memo on requirements, 93:298
See PENALTIES
Buy American Act restrictions, DOD final rule, 93:485
Free speech
Architect-engineer contracts, final FAR rule on CO discretion when applying withholding payment requirements, 93:230
Audits, DCAA to limit reviews to high-risk proposals, 94:448 Development contracting, politics trump contracting principles, BNA Insights, 94:390 Joint Strike Fighter, DOD Sec'y Gates says Lockheed contract uses efficiency guidance, 94:305 KC-X refueling tanker
Clerical error, swap of source selection data, 94:523
Defense Level Playing Field Act Northrop Grumman will not bid, 93:177; EU concern over Northrop/EADS withdrawal decision, 93:211; EADS has 60 days to bid, 93:269 (4/6/10); senators' extension concerns, 93:273 (4/13/10); EADS will compete, 93:331 U.S. Aerospace bid properly rejected for lateness (Comp. Gen.), 94:387; firm will not pursue bid, 94:399 USAF issues final RFP, 93:154 Proposal evaluation, low-priced offeror must receive notice of risk in proposal (Comp. Gen.), 93:402 Sovereign acts doctrine, AOC work restrictions not public and general (GAOCAB), 93:443 (6/29/10)
Ed. Note: For entries about specific firms, see DEFENSE INDUSTRY.
CAS disclosure and consistency clause, FAR interim rule alignment, 93:204 (6/22/10); status box, 93:207 (6/22/10) Classified information release to contractors in special security agreements, NARA final rule, 93:276 (4/13/10); status box, 93:278 (4/13/10) DOD interim rule for foreign ownership, control, or influence, 94:12 Lieutenant Colonel Dominic Rocky Baragona Justice for American Heroes Harmed by Contractors Act
Offsets, reporting requirements, Commerce Dep't meeting, 93:57
Broker services agreement breach by Iraq, U.S. jurisdiction (E.D. Va.), 94:110
Eligibility
BPAs
Road maintenance and engineering, justification lacking for evaluation scores and tradeoffs (Comp. Gen.), 93:42
Water handling services, no contract arose (CBCA), 94:159 Differing site conditions foreseeable, claim denied (Fed. Cl.), 94:413 National Wildfire Infrastructure Improvement and Cost Containment Act
Infrastructure and manufacturing sector offered loan and export credits to improve global edge, 94:312
Audits
DCAA
Defund the Crooks Act FERA Preventing Waste, Fraud, and Abuse Act Release of good faith and fair dealing claims upheld (Fed. Cl.), 93:262 Small business
Budget, SBA request, funds for prevention, 93:330
Lawmakers' priorities for prevention in SBA programs, 94:593 Small Business Procurement Integrity Act Whistleblowers
See WHISTLEBLOWERS
Pleading, Lockheed Martin ex-employee's allegations sufficiently alleged (N.D. Tex.), 94:537
Retroactive application, FCA
Ambiguity of claims (D. Mass.), 93:404
Body armor, reconsideration still denied despite erroneous application of law (D.D.C.), 93:402
Exemption 4
Quality control evaluations of Sikorsky, DCAA release improper (D.C. Cir.), 93:261
Unit pricing disclosure
Electric feeder and distribution systems, substantial competitive harm (D.D.C.), 93:190
Navy properly released information (S.D. Cal.), 94:141 Federal Awardee Performance and Integrity Info. Sys., Project on Gov't Oversight files request for records access, 93:332
Bivens action against USDA, statutory remedies for alleged retaliation against bidder not pursued (D. Idaho), 94:485
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