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INDEX
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
    FAIR (FEDERAL ACTIVITIES INVENTORY REFORM) ACT
    FAIR LABOR STANDARDS ACT (FLSA)
      – Retaliation, contractor with contingent offer not employee (E.D. Va.), 93:316
    FALSE CLAIMS ACT (FCA)
      – 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)
      – Motion to amend $1.66M judgment untimely (M.D. Tenn.), 94:19
      – 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
      – Retaliation claims by whistleblowers
      – Scienter standard, “collective knowledge” theory of liability and implied certification (D.C. Cir.), 94:569; BNA Insights, implied certification, 94:575
      – 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
    FALSE STATEMENTS
    FAR (FEDERAL ACQUISITION REGULATION)
    FASA
    FCC
    FCPA
    FDA
    FEDERAL ACQUISITION STREAMLINING ACT (FASA)
      – Task order protest barred (Fed. Cl.), 93:282 (4/6/10)
    FEDERAL ACTIVITIES INVENTORY REFORM (FAIR) ACT
    FEDERAL AVIATION ADMINISTRATION (FAA)
      – FAA Air Transportation Modernization and Safety Improvement Act
        See LEGISLATION, FEDERAL, HR 1586
      – Good faith duty in contract administration not breached (3rd Cir.), 94:572
      – 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
    FEDERAL COMMUNICATIONS COMMISSION (FCC)
      – Cybersecurity certification program for service providers, FTC comments on proposal, 94:383
    FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE (OFCCP)
      – 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
      – Hospitals and health care systems
        – – Jurisdiction expands, 94:132
        – – Natl. Employment Law Inst. conference, power over providers, 94:404
      – House subpanel hearing. contractor outreach and recruitment of veterans, 94:333
      – 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
    FEDERAL CONTRACTS AND CONTRACTORS
      – Affirmative action
      – Afghanistan convoy protection, contractor payments to warlords, 93:438 (6/29/10); SASC investigates, 94:71
      – Allowable costs
      – American Recovery and Reinvestment Act
      – Classified information release to foreign contractors in special security agreements, NARA final rule, 93:276 (4/13/10); status box, 93:278 (4/13/10)
      – Conflicts of interest
      – Contracting out
      – Contractor accountability
        – – Accountability for Defense Contractors Act
          See LEGISLATION, FEDERAL, HR 6310, S 3909
        – – “Contractor Business Systems Oversight: A Debacle is Brewing,” FCR Analysis, 93:352; rule analysis, BNA Insights, 93:471
        – – Defund the Crooks Act
          See LEGISLATION, FEDERAL, HR 4444
        – – DOJ settlements and plea deals, fraud prevention effectiveness, 93:431
        – – Federal Awardee Performance and Integrity Info. Sys.
          See Federal Awardee Performance and Integrity Info. Sys., this heading
        – – Lieutenant Colonel Dominic “Rocky” Baragona Justice for American Heroes Harmed by Contractors Act
          See LEGISLATION, FEDERAL, HR 2349, S 2782
        – – Monitoring, increased use, BNA Insights, 93:381
        – – 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 LEGISLATION, FEDERAL, HR 5158
        – – Taxation
          See Taxation, this heading
      – Contractor acquired property (CAP) business rules, memo on DOD recordkeeping requirements, 93:27
      – Criminal violations, FAR Mandatory Disclosure Rule, BNA Insights, 94:47
      – Debarment
      – Defamation, immunity for contractor responding to procurement fraud probe (E.D. Va.), 93:168
      – Defense Base Act
      – Department of Defense Energy Security Act
        See LEGISLATION, FEDERAL, HR 5280
      – Detainee interrogation, contractor prohibition, DOD interim rule, 94:449; status box, 94:454
      – Disclosure of contractors' restricted information, NASA proposed rule , 93:188
      – Elections
        – – Congress, impact of, BNA Insights, 94:488
        – – Democracy Is Strengthened by Casting Light On Spending in Elections (DISCLOSE) Act
          See LEGISLATION, FEDERAL, HR 5175, S 3295, S 3628
      – Essential services during crises, DOD interim rule on contract clause, 93:183; status box, 93:188; final rule, 94:430; status box, 94:432
      – Expanding Opportunities for Main Street Act
        See LEGISLATION, FEDERAL, HR 4929
      – Extraterritorial jurisdiction
        – – Civilian Extraterritorial Jurisdiction Act
          See LEGISLATION, FEDERAL, HR 4567, S 2979
        – – War Profiteering Prevention Act
          See LEGISLATION, FEDERAL, HR 1667
      – FCPA
        – – Certification prior to contract awards
          See LEGISLATION, FEDERAL, HR 5837
        – – Indictment of 22 contractor employees, 93:56
        – – Overseas Contractor Reform Act
          See LEGISLATION, FEDERAL, HR 5366
      – 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
      – Flag vessels, foreign “riding gang members,” DOD interim rule, 94:403; status box, 94:407
      – 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
      – Insurance/pension reviews, DOD proposed rule relocates requirements to DFARS, 93:485
      – Kidnapping threats to employees overseas, Special Report, 94:544
      – Lead systems integrators
        – – Coast Guard Acquisition Reform Act
          See LEGISLATION, FEDERAL, HR 1665
        – – Coast Guard Authorization Act
          See LEGISLATION, FEDERAL, HR 3619, S 1194
        – – DHS interim rule on financial interest restrictions, 94:71; status box, 94:76
        – – DOD final rule on use restrictions, 93:55; status box, 93:59
      – Nonpublic procurement-related information, risks of contractor access, BNA Insights, 94:161
      – 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
      – Profit rates in 2008, Grant Thornton survey, 93:52
      – Public trust positions, E.O. 13,488, reinvestigation requirements, OMB proposed rule, 94:481
      – Qui tam suits
      – Reporting, annual representations and certifications, DOD final rule, 93:399
      – Secure Federal File Sharing Act
        See LEGISLATION, FEDERAL, HR 4098
      – Security clearances
      – Sensitive information, unauthorized disclosure, stronger safeguards recommended (GAO-10-693), 94:219
      – 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
        – – Prevention training and reporting, IG wants contract requirement, 93:333
      – Taxation
        – – Contract payments, 3 percent withholding, industry group requests delay, 94:272
        – – Delinquency, award bar
          – – – Contracting and Tax Accountability Act
            See LEGISLATION, FEDERAL, HR 572
          – – – White House memo, 93:48; status box, 93:59; OFPP survey of agencies' policies, 93:157
        – – Foreign affiliates used by U.S. contractors for avoidance, report (GAO-10-327), 93:72
      – Text messaging, FAR interim rule to encourage contractors' ban, 94:332; status box, 94:340
    FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
      – 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
    FEDERAL EMPLOYEES
      See also specific agencies and departments
      – Accountability and Transparency in Ethics Act
        See LEGISLATION, FEDERAL, HR 6019
      – Acquisition workforce
      – Civilian Extraterritorial Jurisdiction Act
        See LEGISLATION, FEDERAL, HR 4567, S 2979
      – Compensation and benefits
        – – Inflated compensation reports, OPM and union dispute, 94:201
        – – Locality pay area, OPM interim rule, 94:344
      – Contracting out
      – FCA, original source status of employees (D. Neb.), 93:40
      – Federal Employee Health Benefits Program
        See LEGISLATION, FEDERAL, HR 4489
      – Insourcing
      – National Wildfire Infrastructure Improvement and Cost Containment Act
        See LEGISLATION, FEDERAL, HR 4488
      – Public Corruption Elimination Act
        See LEGISLATION, FEDERAL, HR 4531
      – Reduce and Cap the Federal Workforce Act
        See LEGISLATION, FEDERAL, S 3747
      – Secure Federal File Sharing Act
        See LEGISLATION, FEDERAL, HR 4098
      – Security clearances
      – Senior Exec. Serv. feedback on efficiency initiative, 94:275
      – Whistleblowers
        – – MSPB report analysis, WPA protections, 94:562
        – – Whistleblower Protection Enhancement Act
          See LEGISLATION, FEDERAL, S 372
    FEDERAL HIGHWAY ADMINISTRATION (FHWA)
      – FCA, inflated pay rates for unqualified consultants, federally funded state project (W.D. Pa.), 94:371
    FEDERAL HOUSING FINANCE AGENCY (FHFA)
      – Equal opportunity and outreach, inclusion of women and minorities, notice of proposed rule, 93:11; rule to promote diversity, 93:29
    FEDERAL PROCUREMENT POLICY OFFICE (OFPP)
      – 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)
      – Public contracts, 41 U.S.C.
        See LEGISLATION, FEDERAL, HR 1107
      – Rehabilitation Act, §508 compliance, acquisition of accessible technologies, 94:99
      – Services contracts, inventories, guidance, 94:475
      – Tax-delinquent contractors, survey of agencies' policies, 93:157
    FEDERAL PROTECTIVE SERVICE (FPS)
      – Federal Protective Service Reform and Enhancement Act
        See LEGISLATION, FEDERAL, HR 5053
      – House Homeland Security Comm. hearing, mission obstacles, 93:302
      – SECURE Facilities Act
        See LEGISLATION, FEDERAL, S 3806
    FEDERAL SUPPLY SCHEDULE CONTRACTING (FSS)
      – BPAs
      – Commercial satellite communications, special item numbers added, 93:136
      – Construction site security, some services outside scope of vendor's contract (Comp. Gen.), 93:101
      – Federal Supply Schedules Usage Act
        See LEGISLATION, FEDERAL, S 2868
      – GWACs
      – Holiday and vacation days, labor expenses, GSA contractor's hourly rates interpretation rejected (CBCA), 94:245; interest on unpaid invoices, 94:511
      – MAS contracts
      – Standing to challenge USAF decision to cancel §8(a) program credit report requirement and use FSS (Fed. Cl.), 94:207
      – VA health care contracting problems, IG report, 93:481
      – Webinar on information technology, Schedule 70 contracts, 93:34
    FEDERAL TORT CLAIMS ACT (FTCA)
      – 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
    FEDERAL TRADE COMMISSION (FTC)
      – Cybersecurity certification program for service providers, comments on FCC proposal, 94:383
    FEES
    FEMA
    FERA
    FHFA
    FHWA
    FINANCIAL INSTITUTIONS
    FINANCIAL MANAGEMENT
      – Defense acquisition reform
        – – HASC interim recommendations, 93:200; final report, 93:247
        – – IMPROVE Acquisition Act
          See LEGISLATION, FEDERAL, HR 5013
      – Financial Innovation and Transformation Office opens, 93:278 (4/13/10)
      – Improper payments
        – – Improper Payments Elimination and Recovery Act
          See LEGISLATION, FEDERAL, HR 3393
        – – Improper Payments Information Act
          See LEGISLATION, FEDERAL, S 1508
      – Information technology, OMB puts systems modernization projects on hold, 94:7; review results in cutbacks, 94:276; review identifies cost-saving measures, 94:497
      – 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
      – Sole source procurements, integrated system requirement rational (Fed. Cir.), 93:166
    FINES
    FINLAND
      – Buy American Act restrictions, DOD final rule, 93:485
    FIRST AMENDMENT
    FIXED-PRICE CONTRACTS
      – 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
          See LEGISLATION, FEDERAL, HR 6540
        – – Fair Defense Competition Act
          See LEGISLATION, FEDERAL, HR 5298, S 3361
        – – IRIS Independent Research paper focuses on companies and job creation, 94:401
        – – 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
      – Price realism analysis, agency discretion upheld (Fed. Cl.), 93:99
      – 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)
    FLSA
    FMS
    FOIA
    FOOD AND DRUG ADMINISTRATION (FDA)
      – FDA Food Safety Modernization Act
        See LEGISLATION, FEDERAL, S 510
    FOOD PRODUCTS
      – FDA Food Safety Modernization Act
        See LEGISLATION, FEDERAL, S 510
    FORCED LABOR
      – Child 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
      – Jobs Through Procurement Act
        See LEGISLATION, FEDERAL, HR 6262
    FOREIGN CORPORATIONS
      – 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
        See LEGISLATION, FEDERAL, HR 2349, S 2782
      – Overseas Contractor Reform Act
        See LEGISLATION, FEDERAL, HR 5366
      – Taxation, use of offshore affiliates by U.S. defense contractors to avoid payroll taxes, report (GAO-10-327), 93:72
    FOREIGN CORRUPT PRACTICES ACT (FCPA)
      – BAE Sys. to pay $400M fine (D.D.C.), 93:185
      – Certification prior to contract awards
        See LEGISLATION, FEDERAL, HR 5837
      – DOJ indictment of 22 contractor employees, 93:56
      – Overseas Contractor Reform Act
        See LEGISLATION, FEDERAL, HR 5366
    FOREIGN MILITARY SALES (FMS)
      – Indian Air Force deal for Boeing's C-17 Globemaster aircraft, 94:482
      – Saudi Arabia arms sale notification, 94:402
        – – Lawmakers' national security concerns, 94:477
        – – Letter of offer, disapproval
          See LEGISLATION, FEDERAL, HJRes 99
    FOREIGN SALES
      – Offsets, reporting requirements, Commerce Dep't meeting, 93:57
    FOREIGN SOVEREIGN IMMUNITIES ACT (FSIA)
      – Broker services agreement breach by Iraq, U.S. jurisdiction (E.D. Va.), 94:110
    FOREIGN WORKERS
    FOREST SERVICE
      – 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
      – Constructive change, dismissal of claim for lack of jurisdiction, expenses not submitted to CO (CBCA), 93:343
      – Differing site conditions foreseeable, claim denied (Fed. Cl.), 94:413
      – National Wildfire Infrastructure Improvement and Cost Containment Act
        See LEGISLATION, FEDERAL, HR 4488
      – Retaliation, Bivens action, statutory remedies not pursued by protester (D. Idaho), 94:485
    FPS
    FRANCE
      – Infrastructure and manufacturing sector offered loan and export credits to improve global edge, 94:312
    FRAUD
      – Audits
      – Counterfeits
        – – Combating Military Counterfeits Act
          See LEGISLATION, FEDERAL, HR 3941
        – – DOD supply chain, senators ask for information, 94:152
      – Defamation, immunity for contractor responding to procurement fraud probe (E.D. Va.), 93:168
      – Defund the Crooks Act
        See LEGISLATION, FEDERAL, HR 4444
      – DOJ settlements and plea deals, prevention effectiveness, 93:431
      – FERA
      – Health care fraud
      – National Procurement Fraud Task Force, BNA Insights, 93:220 (6/22/10)
      – Preventing Waste, Fraud, and Abuse Act
        See LEGISLATION, FEDERAL, HR 5363
      – Recovery Initiative, DOJ enforcement, BNA Insights, 94:53
      – 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
          See LEGISLATION, FEDERAL, HR 6370
        – – WLSA does not toll limits on aircraft fraud indictment (S.D. Cal.), 94:45
        – – Whistleblowers
    FRAUD ENFORCEMENT AND RECOVERY ACT (FERA)
      – 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
    FREEDOM OF INFORMATION ACT (FOIA)
      – 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
      – Faster FOIA Act
        See LEGISLATION, FEDERAL, HR 5087
      – FCA claim based on request that yielded VETS-100 filings (2d Cir.), 93:281 (4/13/10)
      – Federal Awardee Performance and Integrity Info. Sys., Project on Gov't Oversight files request for records access, 93:332
    FREEDOM OF SPEECH
      – Bivens action against USDA, statutory remedies for alleged retaliation against bidder not pursued (D. Idaho), 94:485
    FSIA
    FSS
    FTC
    FTCA

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