Federal Contracts Report Index-Summary

PAKISTAN

– TAA waiver, DOD proposed rule, 93:9; status box, 93:11

PANAMA

– Export controls, U.S. free trade agreement passage urged by GOP lawmakers, 93:74

PARTNERSHIPS

– Iraq, E.O. 13,541 establishes temporary organization to facilitate strategic partnership, 93:420
– Public-private partnerships

See generally CONTRACTING OUT

– Small business, §8(a) Bus. Dev. Program Partnership Agreement between DOD and SBA, 93:9; meeting, SBA notice, 93:11

PAST PERFORMANCE

– Assessment reports

– – Claim, letter to CO over critical report insufficient notice under CDA (Fed. Cl.), 93:488
– – Proposal evaluation, adverse rating not considered (Comp. Gen.), 93:444 (6/29/10)

– Construction services, VA's unequal consideration (Comp. Gen.), 94:17
– Defense Intelligence Agency's ratings for technical/management and performance not contradictory (Fed. Cl.), 93:378
– 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

– National Airspace Sys., FAA's improper evaluation for support services contract (ODRA), 93:62
– Space station cargo transportation services, evaluation upheld (Fed. Cl.), 93:379

PATENTS

See INTELLECTUAL PROPERTY

PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

– FCA, impact on public disclosure bar, BNA Insights, 94:252

PENALTIES

– Bill of attainder against ACORN unconstitutional (E.D.N.Y.), 93:15; preliminary injunction for group reversed (2d Cir.), 94:205
– Blackwater Worldwide, arms export violations settlement, 94:203; lawmaker expresses concern, 94:221
– Business systems and controls, deficiencies, DOD 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
– Debarment or suspension of contractors

See DEBARMENT AND SUSPENSION

– Discovery, dismissal of termination appeal for failure to comply with orders (CBCA), 93:379
– FCPA, BAE Sys. to pay $400M fine (D.D.C.), 93:185
– Improper Payments Elimination and Recovery Act

See LEGISLATION, FEDERAL, HR 3393

– Improper Payments Information Act

See LEGISLATION, FEDERAL, S 1508

– 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
– – 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
– – , U.S. export data inflated, transshipments problematic (GAO-10-375), 93:209

– Medicare Fraud Enforcement and Prevention Act

See LEGISLATION, FEDERAL, HR 5044

– War Profiteering Prevention Act

See LEGISLATION, FEDERAL, HR 1667

PENNSYLVANIA

– FCA, inflated pay rates for unqualified consultants, federally funded state project (W.D. Pa.), 94:371

PENSIONS

– Contractor review requirements, DOD proposed rule relocates to DFARS, 93:485
– Defined benefit plan costs, disallowance, FAR rule considered, 93:391
– 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
– Public Corruption Elimination Act

See LEGISLATION, FEDERAL, HR 4531

– Segment closing adjustments, Pay-As-You-Go post-retirement benefits costs not covered by CAS 413 (Fed. Cl.), 93:421

PERFORMANCE

– Award and incentive fees, FAR final rule links fees with acquisition outcomes, 94:327; status box, 94:340
– DCAA audit, insufficient time given by DCMA, DOD IG report, 94:180
– 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
– – Medical center, nonperformance of VA construction contract (CBCA), 93:126

– Efficiency of federal agencies

– – House oversight subpanel weights program reviews, 93:298
– – OMB Dir. Zients issues new guidance, 94:153
– – Senior Exec. Serv. feedback requested, 94:275

– Export controls, DOD final rule on contractor compliance with rules when items involved in performance, 93:276 (4/13/10); status box, 93:278 (4/13/10)
– Federal Awardee Performance and Integrity Info. Sys.

See LEGISLATION, FEDERAL, HR 4899

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

– Floating military warehouse, injunction to limit time period pending appeal (Fed. Cl.), 93:146
– Jurisdiction over rating dispute

– – Navy claim (ASBCA), 94:44
– – USAF claim (ASBCA), 93:441

– Management plan, DOD final rule, 93:373; status box, 93:375
– Past performance

See PAST PERFORMANCE

PERSONNEL MANAGEMENT OFFICE (OPM)

– Federal sector

– – Inflated compensation report disputed, 94:201
– – Locality pay area, interim rule, 94:344

– Personally identifiable information, improved security need (GAO-10-849), 94:382

PERU

– DOD final rule on waiver of Buy American Act, 93:59
– FAR final rule on Trade Promotion Agreement, 93:230

PETROLEUM

See OIL AND GAS

PLAs

See PROJECT LABOR AGREEMENTS (PLAs)

PLEADING

– FCA

– – Blackwater defendants' expense reports for Katrina and overseas services, complaint not pled with particularity (E.D. Va.), 94:78
– – Body armor, 9(b) particularity requirement satisfied (D.D.C.), 93:192; retroactive application of FERA provisions in error, reconsideration still denied (D.D.C.), 93:402
– – Deepwater, fraud in inducement claim dismissal, alter ego and certification issues proceed (N.D. Tex.), 93:317
– – GSA Advantage website statements about BAA and TAA compliance, specificity lacking (D. Mass.), 93:404
– – Implied certification improperly alleged, dismissal improper where complaint may be amended (5th Cir.), 94:456
– – Lockheed Martin ex-employee's allegations sufficiently alleged (N.D. Tex.), 94:537
– – Medical equipment, relator's claims about discount disclosures (E.D. Pa.), 93:422
– – Medicare billing, dismissal or implied false certification claims upheld (9th Cir.), 94:189
– – Mobile homes, restrictions on subcontractor sales, allegations insufficient (M.D. Ga.), 93:236
– – Product information, claim based on website listings sufficient (D.D.C.), 93:342
– – Seal requirement violated, dismissal (6th Cir.), 94:363
– – Self-disclosure by medical device maker does not bar suit (W.D. Tenn.), 94:460

– Implied-in-fact contracts, Navy contractor's complaint sufficient (ASBCA), 93:125
– Real property exchange not complete, failure to state claim (Fed. Cl.), 94:187

POLITICAL ACTIVITIES

– 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

– No Taxpayer Money for Corporate Campaigns Act

See LEGISLATION, FEDERAL, HR 4550

POSTAL SERVICE (USPS)

– Auto accident of underinsured contractor, no breach damages for injured parties (Fed. Cir.), 94:571
– Claims, letter insufficient for formal claim (Fed. Cl.), 94:343
– Implied-in-fact contracts, district manager lacked authority to bind government (Fed. Cl.), 93:283 (4/13/10)

PPACA

See PATIENT PROTECTION AND AFFORDABLE CARE ACT (PPACA)

PREEMPTION

– Combat activities exception to FTCA, Iraq shooting, jurisdiction over interlocutory appeal (5th Cir.), 93:341
– Contingency operations, DCAA Dir. discusses subcontracting pricing issues at Wartime Contracting Comm'n hearing, 94:126

PREFERENCES

– 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

– 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

– Alaska Native Corporations, 8(a) program

See LEGISLATION, FEDERAL, HR 6447, S 3959

– Biobased products, USDA proposed rule adds items to preferred procurement list, 93:118; status box, 93:119; final rule, 94:407
– China's government procurement rules, criticism of “indigenous products” preferences, 93:120
– Disadvantaged business price evaluation adjustment, DOD class deviation, 93:224
– Domestic source restrictions

See DOMESTIC SOURCE RESTRICTIONS
– – Buy American Act

See BUY AMERICAN ACT

– “Environmentally preferable” products and services, GSA efforts to promote use, 94:220
– Fair Defense Competition Act

See LEGISLATION, FEDERAL, HR 5298, S 3361

– France offers infrastructure and manufacturing sector credits to improve global edge, 94:312
– Health care contracts, survey on IT vendor relationships with hospitals, 93:53
– HUBZone Improvement Act

See LEGISLATION, FEDERAL, S 3020

– Javits-Wagner-O'Day Act

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

– Navy's preferred supplier program, request for comments on draft policy, 93:453; status box, 93:461; notice withdrawn, 93:484
– PLAs, open shop contractors allege union favoritism by administration, 93:94
– Randolph-Sheppard Act

See RANDOLPH-SHEPPARD ACT (RSA)

– Reduce and End our Deficits Using Commonsense Eliminations in the Defense Programs Act

See LEGISLATION, FEDERAL, HR 5784

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

See LEGISLATION, FEDERAL, HR 5780

– Service contracts, first refusal right under successor contracts, DOL proposed rule, 93:251; status box, 93:256
– Small Manufacturers Export Initiative Act

See LEGISLATION, FEDERAL, HR 5797

PREJUDICE

– Corrective action of resolicitation, enjoined (Fed. Cl.), 94:486
– FCA complaint related to pending actions, dismissal (7th Cir.), 93:464
– Treasury Dep't failure to amend solicitation, price differential (Fed. Cl.), 93:440

PREVAILING WAGES

– Davis-Bacon Act

See DAVIS-BACON ACT
– – Tax Extenders Act

See LEGISLATION, FEDERAL, HR 4213

– False certification, motion to amend $1.66M FCA judgment untimely (M.D. Tenn.), 94:19
– FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

PRICE REALISM

– Fort Sill contract, agency discretion upheld (Fed. Cl.), 93:99

PRICING

– Automated Integrated Staffing Recruitment and Position Classification Sys., DOJ award upheld due to price (Fed. Cl.), 94:45
– Bid rigging

See BID RIGGING

– Cost or pricing data, FAR final rules

– – Harmonization of thresholds, 93:226; status box, 93:230
– – Inflationary increase, 94:229; status box, 94:241

– F-22 fighter aircraft, Lockheed does not owe price adjustment (Fed. Cir.), 93:214 (6/22/10); cost impact statements, BNA Insights, 94:318
– Preferences

See PREFERENCES

– Prejudice not found in failure to amend solicitation due price differential (Fed. Cl.), 93:440
– Price realism, Fort Sill contract, agency discretion upheld (Fed. Cl.), 93:99
– Unit pricing

– – Post-award debriefings, USAF memo on disclosure, 93:31
– – Protective order for materials not covered by trade secrets law (ASBCA), 94:188

PRISONS

See CORRECTIONAL FACILITIES

PRIVACY

– Background checks

– – NASA contract employees in nonsensitive jobs (U.S., rev grant), 93:207; (oral arg), 94:364; legal issues discussion, BNA Insights, 94:463
– – Personally identifiable information, OPM needs to improve security (GAO-10-849), 94:382

– Cloud computing, Consumer Fed'n urges providers to adopt best practices, 94:529
– Data sharing, OMB encourages cooperation between agencies while complying with laws, 94:452
– Internet task force's proposed framework, Commerce Dep't requests input, 94:616
– Secure Federal File Sharing Act

See LEGISLATION, FEDERAL, HR 4098

– Social Security Numbers and addresses, FAR interim rule to revise Payrolls and Basic Records clause, 93:204 (6/22/10); status box, 93:207 (6/22/10)

PRIVATIZATION

– Contracting out

See CONTRACTING OUT

PRO SE LITIGANTS

– Breach of oral contract, Arabic interpreter may sue Army and contractor (D.C. Cir.), 93:468

PROCUREMENT INTEGRITY

– Conflicts of interest

See CONFLICTS OF INTEREST

– Czech Republic, Chamber of Commerce's public contract transparency campaign, 93:259
– Federal Employee Health Benefits Program

See LEGISLATION, FEDERAL, HR 4489

– Panel on Contracting Integrity's 2009 report, recommended DOD actions for 2010 implementation, 93:70
– Small Business Procurement Integrity Act

See LEGISLATION, FEDERAL, HR 6370

PROFIT

– Facility clearance requirement, loss profits claim not part of identified diversions (ASBCA), 94:77
– Grant Thornton survey of federal contractors, 93:52
– Laches, dismissal of lost profits claim upheld, 12-year delay (ASBCA), 94:412

PROJECT LABOR AGREEMENTS (PLAs)

– FAR final rule on E.O. 13,502, 93:308; status box, 93:313
– Union favoritism by administration alleged, open shop contractors oppose, 93:94

PROMPT PAYMENT

– Commercial Items clause, actual acceptance not required to trigger interest penalty (ASBCA), 94:17
– DCMA prospective obligation agreement, PPA interest inapplicable (Fed. Cl.), 93:411
– DOD interim rule provides Act exemption for contingency operations and emergencies, 94:69; status box, 94:76
– “Just reason” for U.S. payment delay to construction contractor not established, final judgment (Fed. Cl.), 93:213
– Treasury Dep't rate on payments due, notice, 93:11; 94:12

PROPERTY

– Government property

See GOVERNMENT PROPERTY

– Leases

See LEASES

– TARP

See TROUBLED ASSET RELIEF PROGRAM (TARP)

PROPOSAL EVALUATIONS

– Accounting system for joint venture, DOT rejection upheld (Comp. Gen.), 93:79
– Anacostia Park rehabilitation, low-priced offeror must receive notice of risk in proposal (Comp. Gen.), 93:402
– Cargo transportation, NASA trade-off analysis upheld (Fed. Cl.), 94:601
– Competitive range, Rapid Response Third Generation contract, exclusion for “unacceptable” rating (Fed. Cl.), 93:467
– Discussions

See DISCUSSIONS

– FOIA system for DOJ, failure to make evenhanded review (Comp. Gen.), 93:124
– Force protection services, protest moot due to corrective action, injunctive relief denial (Fed. Cl.), 93:282 (4/13/10)
– Hazardous-waste services, Army Corps of Eng'rs to clarify ratings (Fed. Cl.), 94:459
– Health care services contract, irreparable injury due to flaws (Fed. Cl.), 93:410
– Health information management services, no reasonable basis, transition plan and milestones (Comp. Gen.), 93:281 (4/13/10)
– LPD 17 class ship maintenance, cost unreasonably adjusted upward (Comp. Gen.), 94:537
– Man-portable aircraft survivability trainer system, Army errors (Comp. Gen.), 94:571
– Past performance

– – Construction services, VA's unequal consideration of performance and subcontractor (Comp. Gen.), 94:17
– – Contractor performance assessment reports, adverse ratings not considered (Comp. Gen.), 93:444 (6/29/10)
– – Defense Intelligence Agency's ratings for technical/management and past performance not contradictory (Fed. Cl.), 93:378
– – National Airspace Sys., FAA's improper past performance review for support services contract (ODRA), 93:62

– Patent error and ambiguity, waiver of right to challenge price evaluation (Fed. Cl.), 94:485
– Power systems services, EPA's price/technical tradeoff analysis inadequate (Comp. Gen.), 94:140
– Price realism analysis, agency discretion upheld (Fed. Cl.), 93:99
– Road maintenance and engineering BPAs, justification lacking for evaluation scores and tradeoffs (Comp. Gen.), 93:42
– Service Operations Support contract, protest over FAA's rating (ODRA), 93:61; sustained for misrepresentation of personnel availability, 93:466
– Source selection

See SOURCE SELECTION

– Space station cargo transportation services, sufficiency of tradeoff analysis (Fed. Cl.), 93:379
– “Spot buy” with formal solicitation, jurisdiction asserted, sustained (Comp. Gen.), 94:288
– Staffing

– – Automated Integrated Staffing Recruitment and Position Classification Sys., DOJ award upheld due to price (Fed. Cl.), 94:45
– – NASA protective services contract award upheld (Fed. Cl.), 94:79

– Substantial confidence assessment by USAF upheld (Fed. Cl.), 94:370
– Visual information services, SCA exemption for technical jobs (Fed. Cl.), 93:77
– Warehouse space requirement not met, proposal noncompliant, DOD award vacated (Fed. Cl.), 93:342

PROTEST COSTS

– Attorneys' fees

See ATTORNEYS' FEES

– Protective orders, redacting GAO decisions, BNA Insights, 94:21

PUBLIC POLICY

– Defamation, immunity for contractor responding to procurement fraud probe (E.D. Va.), 93:168
– Unclean hands, no relief to subcontractor (E.D. Va.), 94:208

PUBLIC-PRIVATE PARTNERSHIPS

– Contracting out

See CONTRACTING OUT

PUBLICATIONS

– Ed. Note: For information on publications, reports, studies, and surveys, see specific subject headings.

PUERTO RICO

– Locality pay area, OPM interim rule, 94:344

PURCHASE CARDS

– GSA guidance, 93:98; internal controls necessary, 93:134