Federal Contracts Report Index-Summary

ICA

See INTERSTATE COMMERCE ACT (ICA)

ID/IQ CONTRACTS

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

IDENTIFICATION CARDS

See generally SECURITY CLEARANCES

IGs (INSPECTORS GENERAL)

See INSPECTORS GENERAL

IMMUNITY

– Compelled statements, Blackwater Worldwide shooting, Garrity applicable (D.D.C.), 93:14
– Defamation, public policy shields contractor responding to procurement fraud probe (E.D. Va.), 93:168
– Sovereign immunity

See SOVEREIGN IMMUNITY

IMPLIED-IN-FACT CONTRACTS

– Contracting authority, USPS manager lacked (Fed. Cl.), 93:283 (4/13/10)
– Jurisdiction

– – C-5 Galaxy aircraft modernization, breach of fair and honest consideration (Fed. Cl.), 94:244
– – GSA Advantage program award protest, applicability of CDA (ASBCA), 93:61
– – Land lease, no authority over non-procurement bid protest, contract action survives (Fed. Cir.), 93:190
– – Zodiak products, breach of confidentiality and contract (Fed. Cl.), 93:219 (6/22/10)

– Pleading, Navy contractor's complaint sufficient (ASBCA), 93:125

INDEFINITE DELIVERY/INDEFINITE QUANTITY (ID/IQ) CONTRACTS

– Competitive range, Rapid Response Third Generation contract, exclusion for “unacceptable” rating (Fed. Cl.), 93:467
– Health care contract, CICA challenge to USAF option, U.S. enjoined from obtaining work under contracts (Fed. Cl.), 93:487; correction, 93:219 (6/22/10)
– Market research for noncommercial items, interim FAR rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Scope, Afghan police task orders outside scope (Comp. Gen.), 93:234

INDEMNIFICATION

– Accountability for Defense Contractors Act

– – Bill

See LEGISLATION, FEDERAL, HR 6310, S 3909

– – Impact on contractors, BNA Insights, 94:541

– Surety has no standing to intervene in claims appeal (ASBCA), 94:159

INDIA

– Aircraft deal with Boeing announced, other infrastructure planned, 94:482
– Dual-use technology, Obama promises to end sale restrictions, 94:484

INDIAN HEALTH SERVICE (IHS)

– Breach of contract, CDA limit period not jurisdictional and is subject to equitable tolling (D.C. Cir.), 94:156

INDUSTRIAL BASE

– Defense acquisition reform

– – HASC interim recommendations, 93:200; final report, 93:247
– – IMPROVE Acquisition Act

See LEGISLATION, FEDERAL, HR 5013

– Profit rates of federal contractors in 2008, Grant Thornton survey, 93:52

INFLATION

– DOD proposed rule to increase dollar thresholds, 93:49; status box, 93:59
– FAR proposed rule to increase dollar thresholds, 93:91; status box, 93:98; final rule, 94:229; status box, 94:241

INFORMATION TECHNOLOGY

– Accounting software limitations, BNA Insights, 94:289
– Arlington cemetery, Army Corps of Eng'rs

– – Oversight improvement

See LEGISLATION, FEDERAL, S 3860

– – Senate panel hearing on mismanagement, 94:129

– Buy American exemption for commercial items, FAR interim rule, 94:340
– Cloud computing

– – Consumer Fed'n urges providers to adopt best practices for privacy and protection, 94:529
– – House Oversight and Gov't Reform Comm. hearing, officials says no increase in outside contractors, 94:8
– – Recovery.com, website move to “cloud” saves money, 93:419
– – Security requirements, GSA issues guidelines to certify and accredit process for use, 94:451
– – Transparency and access, GSA procures services to improve access, 94:426

– Counterfeit parts

– – Combating Military Counterfeits Act

See LEGISLATION, FEDERAL, HR 3941

– – DOD supply chain, senators ask for information, 94:152

– Cybersecurity

See CYBERSECURITY

– Data sharing between agencies encouraged by OMB, 94:452
– Discussions, management software tool, Coast Guard did not fully convey concerns (Comp. Gen.), 94:157
– ExpertNet development, GSA input request, 94:561; status box, 94:567
– Export controls, single IT system, DOD Sec'y Gates explains reform agenda, 93:335
– FCA

– – First-to-file rule, dismissal of subsequent suit over non-TAA compliant website listings (D.D.C.), 94:43
– – GSA Advantage website statements about BAA and TAA compliance, specificity lacking (D. Mass.), 93:404
– – Hewlett-Packard to pay $55M to resolve kickback claims (E.D. Ark.), 94:233

– Federal Acquisition Streamlining Act bars task order protest (Fed. Cl.), 93:282 (4/6/10)
– Federal Procurement Data Sys.-Next Generation

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

– Federal spending to increase, INPUT report, 94:185
– Forum on Modernizing Gov't, White House discussion on streamlining government use of technology, 93:34
– Geospatial data-management, CIO guidance, 94:480
– Google Apps for Gov't, GSA move, 94:532
– GSA

– – Federal Acquisition Serv.

– – – Jordan, acting deputy comm'r, 93:277 (4/6/10)
– – – Kempf, deputy comm'r, 93:12; named acting comm'r, 93:277 (4/6/10)

– – Schedule 70 contracts, GSA Webinar, 93:34

– Health care contracts, survey on vendor relationships with hospitals, 93:53
– High-risk projects, OMB procedure for agency review, 94:130; chief CIO identifies “high priority” projects, 94:221
– House Armed Servs. Comm. hearing, Pentagon officials discuss acquisition reforms, 94:93
– HUBZone program set-aside not considered, sole source procurement improper (Fed. Cl.), 93:191
– Information returns, IRS updates electronic filing procedures, 94:403
– Information Tech. Exchange Program, DOD pilot program, 94:592
– Information Technology Investment Oversight Enhancement and Waste Prevention Act

See LEGISLATION, FEDERAL, S 920

– Insourcing decision for USAF services, COFC jurisdiction (W.D. Tex.), 94:485
– Internet

See INTERNET

– Investment baseline management

– – Deadline for agency policies set, 94:37
– – Financial systems modernization, OMB puts projects on hold, 94:7; review results in cutbacks, 94:276; review identifies cost-saving measures, 94:497

– 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)

– – Senate committee hearing witnesses say sanctions not enforced, 93:412

– Medicare Fraud Enforcement and Prevention Act

See LEGISLATION, FEDERAL, HR 5044

– Procurement reform, acting OMB Dir. Zients pledge cooperation with industry, 94:427; 25-point plan, 94:553
– Rehabilitation Act, §508 compliance, acquisition of accessible technologies, 94:99
– Security clearances

See SECURITY CLEARANCES

– Software, DOD

– – Non-substitution clause interpretation, replacement of software following termination (Fed. Cir.), 94:368
– – Reporting system requirements for MDAPs and major automated information programs, proposed rule, 93:399
– – Validation of contractors' restrictions, proposed rule, 93:399

– Substantial confidence assessment by USAF upheld (Fed. Cl.), 94:370
– Synchronized Predeployment and Operational Tracker (SPOT) database incomplete, GAO official says, 93:249
– Training for vendors, GSA offer pre-award and post-award assistance, 94:224
– USASpending.gov, data consistency issues, BNA Insights, 94:437
– WTO ruling delay on complaints about EU tariffs, 93:401; preliminary ruling, 93:212 (6/22/10)

INJUNCTIONS

– AbilityOne program, jurisdiction over award (Fed. Cl.), 94:572
– Alaskan military family housing, priority given to HUBZone program, injunction to terminate USAF contract (Fed. Cl.), 94:206
– Bridge contract extension denial, restraining order not granted (Fed. Cl.), 93:377
– Corrective action of resolicitation prejudicial (Fed. Cl.), 94:486
– Floating military warehouse, order limiting performance of awardee (Fed. Cl.), 93:146
– Force protection services, bid protest moot due to corrective action, relief denial (Fed. Cl.), 93:282 (4/13/10)
– Italy, task orders, ineligibility based on inadequate legal opinion (Fed. Cl.), 94:538
– Options, CICA challenge, U.S. enjoined from obtaining work under contract (Fed. Cl.), 93:487; correction, 93:219 (6/22/10)
– Security clearances, 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
– Unclean hands doctrine, denial of subcontractor relief (E.D. Va.), 94:208

INSOURCING

– Acquisition workforce, skills emphasis, DOD Bus. Bd. recommends, 93:134
– Jurisdiction, USAF IT services claim, COFC jurisdiction (W.D. Tex.), 94:485
– “Quota-driven exercise,” DOD initiative, groups assert, 93:397
– Senate panel hearing, witnesses discuss challenges, 93:429
– Services contracts, DOD Sec'y Gates promises reductions, 94:178; industry groups urge moratorium on insourcing, 94:200
– Small business, barriers to contracting opportunities, BNA Insights, 94:190
– Transparency in DOD conversions

See LEGISLATION, FEDERAL, HR 6349

INSPECTORS GENERAL

– Acquisition management

– – DHS needs improvements, report, 94:524
– – GSA IG report on risks of using MAS contracts for support services, 94:201

– Acquisition workforce, DCMA workers in Southwest Asia, training and certification, DOD IG, 93:272 (4/13/10)
– Afghanistan

– – Contracting activities, SIGAR report on obligation of $17.7B to 7000 contractors in FY 2007-2009, 94:425
– – Investigations by SIGAR not meeting professional standards, peer review, 94:98
– – Replacement for SIGAR urged by senators, 94:304; McCaskill (D-MO) critical of Fields' performance, 94:497
– – Surge viewed as opportunity to improve reconstruction, SIGAR letter, 93:112

– ARRA contract awards, review of, FAR final rule, 93:199 (6/22/10); status box, 93:207 (6/22/10)
– Award fees, Army Corps of Engineers' determination process insufficient, DOD IG, 93:274 (4/6/10)
– Brazilian IG to prepare list of firms with ethical conduct, 93:284 (4/6/10)
– Coast Guard acquisition reform overstated, DHS IG, 93:435
– Combat Search and Rescue Helicopter (CSAR-X) task orders, DOD IG criticism, 93:414
– Contract audits not being performed by DOD IG, Grassley (R-IA) says, 94:217
– DCMA, insufficient time for DCAA audit, DOD IG report, 94:180
– Debarment and suspension

– – DHS IG recommends process improvements, 93:222
– – DOT decision delays, impact of program, report, 93:27

– Federally funded R&D center, DCAA to improve audits after critical IG review, 94:452
– FEMA

– – Contract management, improvements recommended after DHS IG audit, 93:158
– – Emergency preparedness improvements, DHS IG report, 94:400

– High-speed rail contract awards, DOT IG investigation, 93:10
– Inspector General Authority Improvement Act

See LEGISLATION, FEDERAL, HR 5815

– Interagency contracts, internal control weaknesses in acquisitions through DOE, DOD IG report, 94:559
– Iraq, contract management, SIGIR report on recurring deficiencies, 93:372
– Kuwait contractor employees in sensitive jobs without security clearances, DOD IG, 94:308
– Sexual assaults, DOD IG wants contracts to require training on prevention and reporting, 93:333
– VA health care FSS contracting issues, 93:481

INSURANCE

– Auto accident, USPS contractor underinsured despite contract, no breach damages for injured parties (Fed. Cir.), 94:571
– Contractor review requirements, DOD proposed rule relocates to DFARS, 93:485
– Defense Base Act

See DEFENSE BASE ACT (DBA)

– Ransom, kidnapping threats to contractors overseas, Special Report, 94:544
– Unemployment benefits, fraud

See LEGISLATION, FEDERAL, HR 5363

INTELLECTUAL PROPERTY

– China, Joint Comm'n on Commerce and Trade agreements, 94:598
– Patents, data, and copyright, DOD proposed rule to update text, 94:310; comment period extension, status box, 94:535
– Self-protective adaptive roller kit system

See LEGISLATION, FEDERAL, HR 6157, HR 6187

– Trademark use under cooperative agreement, jurisdiction over breach claim (Fed. Cl.), 94:538
– Validation of contractors' restrictions, DOD proposed rule, 93:399; ABA says rule is beyond scope of laws, 94:32
– Vessel hull design, technical data protection, DOD final rule, 94:241
– Weapons systems, DOD final rule on assessments of “long-term technical data needs,” 93:8; status box, 93:11

INTERAGENCY CONTRACTS

– Audit reports

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

– Regulation of

– – DOD final rule limits procurement through non-DOD agencies, 93:114; status box, 93:119
– – FAR interim rule, 94:555; status box, 94:567

INTEREST

– Commercial Items clause, actual acceptance not required to trigger interest penalty (ASBCA), 94:17
– DCMA prospective obligation agreement, CDA and PPA inapplicable (Fed. Cl.), 93:411
– Treasury Dep't notice of prompt payment rate, 93:11; 94:12
– Unpaid invoices, entitlement to CDA interest from date CO received claim (CBCA), 94:511

INTERIOR DEPARTMENT (DOI)

– Acquisition process streamlining consistent with FAR, interim final rule, 93:312; status box, 93:313; final rule, 94:185
– Bid protests

– – Mootness, dismissal of post-award bid protest due to corrective action (Fed. Cl.), 94:620
– – Proposal evaluation, low-priced offeror must receive notice of risk in proposal (Comp. Gen.), 93:402

– BLM Contract Extension Act

See LEGISLATION, FEDERAL, HR 3759

– Claims

– – Bifurcation of CDA damages claim from pre-award protest (Fed. Cl.), 93:60
– – Liquidated damages for late payment of invoices, no authority under contract clause (CBCA), 93:218 (6/22/10)
– – Negotiation of payment sought by letter not CO's final decision, appeal dismissed (CBCA), 94:509
– – “Precedent agreement” with pipeline provider is contract under CDA jurisdiction (CBCA), 94:286

– National Wildfire Infrastructure Improvement and Cost Containment Act

See LEGISLATION, FEDERAL, HR 4488

INTERNAL REVENUE SERVICE (IRS)

– Debt collection program, flawed study (GAO-10-963), 94:428
– Electronic filing of information returns, procedures updated, 94:403

INTERNATIONAL TRADE

See also specific countries
– Export controls

See EXPORT CONTROLS

– President's Economic Advisory Bd. meeting, President attends and focuses on means to double U.S. exports, 93:305
– WTO

See WORLD TRADE ORGANIZATION (WTO)

INTERNET

– Ed. Note: For a list of electronic resources and Web sites, see back page of each issue.
– Contract actions, online posting of text, FAR Councils ask for input, 93:416; status box, 93:420
– E-rulemaking initiative, OMB guidelines on online dockets expected, 94:527; best practices guide issued, 94:565
– GSA Schedule 70 contracts, Webinar, 93:34
– Legislation

– – Access to Congressionally Mandated Reports Act

See LEGISLATION, FEDERAL, HR 6026

– – Earmark Transparency Act

See LEGISLATION, FEDERAL, HR 5258, S 3335

– – Expenditure tracking website

See LEGISLATION, FEDERAL, HR 6052

– – Public Online Information Act

See LEGISLATION, FEDERAL, HR 4858, S 3321

– Privacy framework, Commerce Dep't requests input, 94:616
– Security

See CYBERSECURITY

– Social media use for public input, OMB guidance, 93:274 (4/13/10)

INTERSTATE COMMERCE ACT (ICA)

– Claims of Transp. Serv. Providers untimely (Fed. Cl.), 93:443 (6/29/10)

INVENTORIES

– Services contracts

– – Defense Threat Reduction Agency, FY 2008 list available, 93:339
– – DOD, FY 2009 list available, 94:406
– – GSA FY 2011 budget, new database, 93:367; OFPP guidance on requirement for civilian agencies, 94:475
– – Inconsistent methodologies used for defense agencies' inventories (GAO-10-350R), 93:113

INVESTIGATIONS

– “Cash for clunkers” program's administrative costs, lawmaker's DOT request, 93:11
– Civilian Extraterritorial Jurisdiction Act

See LEGISLATION, FEDERAL, HR 4567, S 2979

– Crimes in Iraq and Afghanistan, DOD class deviation identifies authorities to which contractors report, 94:230
– Defamation, immunity for contractor responding to procurement fraud probe (E.D. Va.), 93:168
– E-mail misuse, suspension of L-3 Communications division pending outcome, 93:439 (6/29/10); lifted, 94:153
– Health care contracts, survey on IT vendor relationships with hospitals, 93:53
– Inspectors General, by

See INSPECTORS GENERAL

– Public trust positions, E.O. 13,488, reinvestigation requirements, OMB proposed rule, 94:481
– Security clearances

See SECURITY CLEARANCES

– Security services, Blackwater Worldwide shooting, Garrity applicable, immunity due to compelled statements (D.D.C.), 93:14

IQ CONTRACTS

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

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)

– Energy, oil, gas, and petrochemical sectors, firms with commercial activity despite sanctions, GAO report, 93:412; petroleum products sold by contractors in 2009 and 2010, 94:357
– Enriched uranium swap arrangement, U.N. counterproposal, 93:432
– Export control data inflated, transshipments problematic (GAO-10-375), 93:209
– FAR, sanctionable business contact

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

– House lawmakers' letter shows support for sanctions for nuclear weapons threat, 93:307
– Senate committee hearing witnesses say sanctions not enforced, 93:412
– “Stuxnet” worm at nuclear facilities, U.S. cybersecurity bill priority, 94:502

IRAQ

– Budget, FY 2010, supplemental request, lawmakers prepare, 93:226; Senate Appropriations Comm. begins work, 93:252; further action, see LEGISLATION, FEDERAL, HR 4899
– Claims, transportation cost increases and currency fluctuations, Iraq contractor denied (ASBCA), 94:410
– Competition limits and small arms requirements for acquisitions, DOD final rule, 93:277 (4/13/10); status box, 93:278 (4/13/10)
– Contingency contracts, improved oversight needed (GAO-10-357), 93:334
– Contract management, SIGIR report on recurring deficiencies, 93:372
– Contracting activities

– – CRS report, 94:33
– – DOD to provide data to GAO, 93:139

– Criminal activities

– – Class deviation identifies DOD authorities to which contractors report, 94:230
– – Sexual assaults, DOD IG wants contracts to require training on prevention and reporting, 93:333

– Detainee interrogation, contractor prohibition, DOD interim rule, 94:449; status box, 94:454
– Embassy construction, dismissal of FCA claims upheld (4th Cir.), 94:108
– E.O. 13,541 establishes temporary organization to facilitate strategic partnership, 93:420
– Foreign Sovereign Immunities Act, U.S. jurisdiction for broker services agreement breach (E.D. Va.), 94:110
– LOGCAP contract, KBR

– – Dining facilities and meal services, FCA claims dismissal (4th Cir.), 93:14
– – Security guards, FCA and breach claims for arming employees and unauthorized billing (D.D.C.), 93:269 (4/13/10)

– Oil infrastructure, transfer of contract does not relieve Army Corps of Eng'rs of obligation to pay (ASBCA), 94:573
– Police training program, senators' criticism of contract management, 93:50
– Prompt payment interest penalty, actual acceptance not required under Commercial Items clause (ASBCA), 94:17
– Security services

– – Baghdad shooting, Garrity applicable, immunity due to compelled statements (D.D.C.), 93:14
– – FCA complaint not pled with particularity (E.D. Va.), 94:78

– Stop Outsourcing Security Act

See LEGISLATION, FEDERAL, HR 4650, S 3023

– Synchronized Predeployment and Operational Tracker (SPOT) database incomplete, GAO official says, 93:249
– Task Force on Wartime Contracting report, personnel shortages and inadequate business systems, 93:71
– Torts

– – Driver shooting, jurisdiction over interlocutory appeal (5th Cir.), 93:341
– – Hexavalent chromium exposure at water plant, no jurisdiction over Natl. Guard soldiers' failure to warn suit (S.D. Ind.), 93:212
– – Personal jurisdiction defense to state tort claim (11th Cir.), 93:77
– – Political question doctrine and government contractor defense

– – – Convoy accident injuries, no bar to KBR employees' suits (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

– 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)
– – Security services, inherently governmental restriction, professor says risk factors may aid determination, 93:197 (6/22/10)
– – 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

– WLSA does not toll limits on aircraft fraud indictment (S.D. Cal.), 94:45

IRS

See INTERNAL REVENUE SERVICE (IRS)

ISSUE PRECLUSION

See COLLATERAL ESTOPPEL