Federal Contracts Report Index-Summary

RANDOLPH-SHEPPARD ACT (RSA)

– Museum lessee has no implied or express right to action under RSA (D. Haw.), 94:158

R&D

REAL ESTATE

– Contract formation, real property exchange with Army not complete, failure to state claim (Fed. Cl.), 94:187
– Easement relocation in exchange for road improvement, no CDA coverage, contract not procurement (Fed. Cl.), 94:389
– Leases

See LEASES

RECLAMATION BUREAU

– Attorneys' fees award, legal position not substantially justified (Fed. Cl.), 93:235

RECORDKEEPING

– Affirmative action, management attorneys recommend documentation of compliance during hiring, 94:380
– Contracting out, high-performing organizations, A-76 alternative, DOD data reliability failure hampers pilot program (GAO-10-566R), 93:457
– Contractor acquired property (CAP) business rules, memo on DOD requirements, 93:27
– Disaster response contractors' registry, FAR final rule, 94:12
– DOE proposed rulemaking notice on access and ownership, 93:437
– Interagency contracts, data issues prevent effect use (GAO-10-367), 93:452
– Inventories

See INVENTORIES

– Motion to supplement record

– – Attorneys' fees, EAJA applicant may submit itemized statement (Fed. Cl.), 94:207
– – Deposition testimony of bias against incumbent (Fed. Cl.), 93:216 (6/22/10)
– – USAJOBS screenshot on data security, allowed in part (Fed. Cl.), 93:284 (4/13/10); award upheld due to price difference, 94:45

– NARA

See NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

– Overpayments, “Do Not Pay” list, 93:198 (6/22/10)
– Privacy of workers, FAR interim rule to revise Payrolls and Basic Records clause, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Serial numbers on major end items, DOD final rule, 94:310
– Standard Form 26, sealed bids, FAR rules

– – Header change proposed, 94:241
– – Instructions, final rule, 93:230

– Synchronized Predeployment and Operational Tracker (SPOT) database incomplete, GAO official says, 93:249
– Warranties, tracking of item unique identification items, comments requested, 94:229; status box, 94:241
– Wide Area WorkFlow-Receipt and Acceptance electronic system report, DOD proposed rule, 94:279

RECYCLING

– Department of Defense Energy Security Act

See LEGISLATION, FEDERAL, HR 5280

REFORMATION OF CONTRACT

See CONTRACT REFORMATION

REGULATIONS, FEDERAL

– Ed. Note: This heading contains entries on the Federal Acquisition Regulation. For specific agency rules, see sponsoring agency or department.
– Allowable costs

– – Collective bargaining, proposed rule disallows costs related to influencing employees, 93:304; business group opposes, 93:200 (6/22/10); status box, 93:313
– – Defined benefit plans, disallowance, rule considered, 93:391
– – “Pass-through charges,” ABA recommendations on interim rule, 93:159; issued, 94:556; status box, 94:567

– Architect-engineer contracts, final rule on CO discretion to withhold payments for fixed-price contracts, 93:230
– Award and incentive fees, final rule links fees with acquisition outcomes, 94:327; status box, 94:340
– Commercial items

– – Buy American exemption, IT acquisitions, interim rule, 94:340
– – Test program extension, final rule, 93:230
– – Time-and-material (T&M) and labor-hour contracts, proposed rule, restrictions, 94:300; status box, 94:310

– Competition, DOD emphasizes that contracts associated with earmarks must comply with FAR, 94:184
– Conflicts of interest, proposed rule on contractor prevention of personal conflicts, consortium opposition, 93:25
– Contingency operations, House oversight hearing witnesses recommend streamlined rules, 94:6
– Cost or pricing data

– – Certified data and other data, differences clarified, 94:225; status box, 94:241
– – Harmonization of thresholds, 93:226; status box, 93:230
– – Inflationary threshold increase, 94:229; status box, 94:241
– – Price reduction for defective data, proposed rule, 94:306; status box, 94:310

– Costa Rica, final rule on trade agreements, 93:230
– Criminal violations, mandatory disclosure, BNA Insights, 94:47
– Debarment and suspension, interim rule extension of flowdown of restrictions to lower-tiered subcontractors, 94:560
– Deferred compensation, interim rule, alignment with CAS 415, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Disaster response contractors' registry, final rule, 94:12
– Domestic source restrictions

– – Construction materials, ARRA's Buy American Act mandate, final rule, 94:228; status box, 94:241
– – IT acquisitions, commercial items, Buy American Act exemption, interim rule, 94:340
– – Nonavailability listing under Buy American Act, final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)

– Editorial change, final rule, 93:230; status box, 93:207 (6/22/10)
– §8(a) program, final rule on SBA contracting, 94:340
– Employee rights under federal laws, contractor posting, E.O. 13,496 compliance, interim rule, 94:560; status box, 94:567
– FAC 2005-39, task order and delivery order contracts, enhanced competition, 93:223; harmonization of cost or pricing data, 93:226; Standard Form 26, commercial items' test program, payment withholding, Free Trade Agreements, status box, 93:230
– FAC 2005-42, ARRA contract awards requiring publication, whistleblower protections, and GAO and IG review, 93:199 (6/22/10); market research, justification and approval documents, CAS alignment, Buy American Act, and Taiwan, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– FAC 2005-45, cost or pricing data submission, 94:225; Buy American mandate for construction materials, 94:228; inflationary threshold increase, 94:229; status box, 94:241
– FAC 2005-47, interagency contracts, 94:555; excessive pass-through charges restriction, 94:556; HUBZone program eligibility, 94:558; employee rights, contractor posting, 94:560; status box, 94:567
– Foreign concerns, disclosure and consistency, interim rule alignment with CAS, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Free trade and WTO Gov't Procurement agreements, interim rule to increase dollar thresholds, 94:12
– Government property, final rule on Part 45 revisions, 94:12
– IG and GAO review of ARRA contract awards, final rule, 93:199 (6/22/10); status box, 93:207 (6/22/10)
– Inflation, proposed rule to increase dollar thresholds, 93:91; status box, 93:98; final rule, 94:229; status box, 94:241
– Interagency contracts, interim rule, 94:555; status box, 94:567
– Iran, sanctionable business contact

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

– Justification and approval documents

– – Public disclosure of noncompetitive contracts, final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– – Section 8(a) program contracts over $20M, notice of tribal consultation and comments requested, 94:241

– Market research for noncommercial items, ID/IQ contract and task or delivery orders, interim rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Oman, final rule on trade agreement, 93:230
– Pension costs, interim rule, alignment with CAS 412, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Personal identity verification cards provided by U.S., proposed rule on collection, 93:437
– Peru, final rule on trade agreement, 93:230
– Privacy of workers, interim rule to revise Payrolls and Basic Records clause, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Project labor agreements, final rule on E.O. 13,502, 93:308; status box, 93:313
– Publication of

– – ARRA awards, final rule, 93:199 (6/22/10); status box, 93:207 (6/22/10)
– – Justification and approval documents for noncompetitive contracts, final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– – Task and delivery orders, online posting, input request, 93:416; status box, 93:420

– Reporting

– – Federal Awardee Performance and Integrity Information Sys. implementation, final rule, 93:245; status box, 93:256; DOD class deviation, 93:332; CO procedures, final rule, 94:328; status box, 94:340; DOD policy memo to procurement officials on compliance, 94:384
– – First-tier subcontract information for contracts over $25K, 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
– – Small business subcontract reports, submission by Elec. Subcontracting Reporting Sys., final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)

– Small business

– – Disadvantaged business program changes, interim rule, 94:567
– – §8(a) program, final rule on SBA contracting, 94:340
– – Service-disabled veteran-owned, sole source criteria, final rule, 94:11; status box, 94:12
– – Subcontract reports, submission by Elec. Subcontracting Reporting Sys., final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)

– Standard Form 26, sealed bids

– – Header change proposed, 94:241
– – Instructions, final, 93:230

– Sudan, restricted business operations, proposed rule on waivers, 94:361
– Taiwan, designated country listing due to WTO Gov't Procurement Agreement membership, final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Termination for convenience, proposed rule to clarify availability of alternative contract clauses, 93:437
– Text messaging, interim rule to encourage contractors' ban, 94:332; status box, 94:340
– Veterans

– – Affirmative action, VEVRAA, interim rule to implement DOL's EEO provisions, 94:330
– – Service-disabled veteran-owned small business, sole source criteria, final rule, 94:11; status box, 94:12

– Whistleblower protections applied to ARRA awards, final rule, 93:199 (6/22/10); status box, 93:207 (6/22/10)

REGULATORY REVIEW AND REFORM

– CRS report, 93:6; problems continue, new report, 93:228; agencies still not complying, report, 94:154
– E-rulemaking

– – E-Rulemaking Act

See LEGISLATION, FEDERAL, S 3946

– – OMB guidelines expected, 94:527; best practices guide issued, 94:565

– FAR revisions

See REGULATIONS, FEDERAL

– GAO, compliance improvement, 93:30
– Legislation

– – Community Partners Next Door Act

See LEGISLATION, FEDERAL, HR 553

– – Congressional Review Act Improvement Act

See LEGISLATION, FEDERAL, HR 2247

– – Regulations From the Executive in Need of Scrutiny Act

See LEGISLATION, FEDERAL, S 3826

– Public Accountability in Health Care Implementation Act

See LEGISLATION, FEDERAL, S 3924

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

REHABILITATION ACT

– Accessible technologies, acquisition for §508 compliance, 94:99
– Affirmative action, OFCCP requests rulemaking comments for contractor obligations, 94:98; status box, 94:105

RELEASES

See WAIVERS

REMEDIES

– Attorneys' fees

See ATTORNEYS' FEES

– Exhaustion

See EXHAUSTION OF REMEDIES

– Injunctions

See INJUNCTIONS

– Penalties

See PENALTIES

– Protective order for unit pricing materials not covered by trade secrets law (ASBCA), 94:188
– Stays

See STAYS

REPORTING REQUIREMENTS

– Aircraft industry subsidies, impact of, defense budget bill requirement, 93:454
– Annual representations and certifications, DOD final rule, 93:399
– ARRA fund use by agencies, presidential memo, 93:270 (4/13/10); OMB updated guidance, 93:395; disclosure nearly 100 percent in latest report, 94:383
– Bid protests, basis for sustaining in GAO annual report, CRS suggestion, 94:37
– Contract actions

– – ARRA, publication of awards, FAR final rule, 93:199 (6/22/10); status box, 93:207 (6/22/10)
– – DOD awards, required information not provided (GAO-11-122R, 11/30/10), 94:529
– – Justification and approval documents for noncompetitive contracts, FAR final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– – Task and delivery orders, online posting, FAR Councils ask for input, 93:416; status box, 93:420

– Costs and software data, system requirements for MDAPs and major automated information programs, DOD proposed rule, 93:399
– Criminal violations

– – FAR Mandatory Disclosure Rule, BNA Insights, 94:47
– – Iraq and Afghanistan, DOD class deviation identifies authorities to which contractors report, 94:230

– Cybersecurity, CyberScope to contain real-time executive branch data, OMB releases FY 2010 reporting requirements, 93:336
– Electronic filing of information returns, IRS procedures updated, 94:403
– 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); CO procedures, FAR final rule, 93:328; DOD class deviation, 93:332; 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 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

– Government property

– – Expansion of, DOD proposed rule, 94:618
– – Loss, theft or destruction, “eTools,” DOD proposed rule, 93:375

– Grants and cooperative agreements, Federal Funding Accountability and Transparency Act, OMB interim final guidance, 94:279
– Legislation

– – Access to Congressionally Mandated Reports Act

See LEGISLATION, FEDERAL, HR 6026

– – Campaign finance

– – – 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

– – Department of Homeland Security Appropriations Act

See LEGISLATION, FEDERAL, S 3607

– – Earmark Transparency Act

See LEGISLATION, FEDERAL, HR 5258, S 3335

– – Federal Awardee Performance and Integrity Info. Sys.

See LEGISLATION, FEDERAL, HR 4899

– – Federal Contracting and Oversight Act

See LEGISLATION, FEDERAL, HR 5726, S 3323

– – Government Efficiency, Effectiveness, and Performance Improvement Act

See LEGISLATION, FEDERAL, HR 2142, S 3853

– – Helping Small Business Compete Act

See LEGISLATION, FEDERAL, HR 4496

– – Improper payments

– – – Improper Payments Elimination and Recovery Act

See LEGISLATION, FEDERAL, HR 3393

– – – Improper Payments Information Act

See LEGISLATION, FEDERAL, S 1508

– – Intelligence community, services contract

See LEGISLATION, FEDERAL, HR 2701, S 3611

– – Public Online Information Act

See LEGISLATION, FEDERAL, HR 4858, S 3321

– – Summitville Procurement Protection Act

See LEGISLATION, FEDERAL, HR 5158

– Medicare contractors, satisfaction with, CMS survey, 93:301
– Offsets, Commerce Dep't meeting, 93:57
– “Pass-through charges”

– – DOD repeals provision, final rule, 94:179; status box, 94:185
– – FAR interim rule, ABA recommendations, 93:159; issued, 94:556; status box, 94:567

– Recovery.com, website move to “cloud” saves money, 93:419
– Sexual assaults, DOD IG wants contracts to require training on requirements, 93:333
– Small business

– – Small Business Paperwork Relief Act

See LEGISLATION, FEDERAL, S 3946

– – Subcontract reports, submission by Elec. Subcontracting Reporting Sys., FAR final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)

– Specialty metals, DOD final rule eliminates report for COTS items containing foreign metals in noncommercial end items, 94:185
– Subcontracts

– – Electronic reporting system

– – – DOD interim rule, 94:407
– – – FAR final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)

– – First-tier disclosure 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

– USASpending.gov, data consistency issues, BNA Insights, 94:437

REPORTS AND STUDIES

– Acquisition workforce, government officials do not perceive OMB guidance as actionable, Grant Thornton and PSC, 94:476
– Bid protests, GAO reasons for sustaining in annual report, CRS suggestion, 94:37
– Buy American Act, U.S. Chamber of Commerce on negative impact, 93:138
– Contracting activities in Iraq and Afghanistan, CRS report, 94:33
– Convoy protection in Afghanistan, contractor payments to warlords, 93:438 (6/29/10); SASC investigates, 94:71
– Defense acquisition reform

– – CRS report on savings due to Gates' reductions, 94:198
– – HASC interim recommendations, 93:200; final report, 93:247

– Export growth, lower initial costs needed, White House, 93:117
– Federal employees

– – Compensation, OPM and union dispute reports of inflated compensation, 94:201
– – Whistleblowers, MSPB report analysis on protections, 94:562

– IGs, by

See INSPECTORS GENERAL

– Information technology, federal spending to increase, INPUT report, 94:185
– KC-X refueling tanker, IRIS Independent Research, 94:401
– OFCCP FY 2008 settlements, Center for Corporate Equality, 93:95
– Profit rates of federal contractors in 2008, Grant Thornton, 93:52
– Rulemaking activity and notice to Congress, CRS, 93:6; problems continue, 93:228; agencies still not complying, 94:154
– Unmanned aerial vehicles, foreign entities' illicit contacts, Defense Security Serv., 93:273 (4/13/10)

REQUEST FOR PROPOSALS (RFPs)

See SOLICITATIONS

RES JUDICATA

– Breach of contract, U.S. can pursue despite ASBCA litigation (6th Cir.), 94:536
– Transit contractor's claims not barred (D.D.C.), 94:287

RESCISSION

– Attorneys' fees, no EAJA entitlement when U.S. voluntarily dismisses claim, appellant not “prevailing party” (ASBCA), 94:78

RESEARCH & DEVELOPMENT (R&D)

– Aerospace industry, impact of Airbus subsidy ruling uncertain, 93:310
– Allowable costs

– – ATK Thiokol's costs properly chargeable (Fed. Cir.), 93:260
– – Clarity on classification of IR&D Costs, FCR Analysis, 93:286 (4/6/10)

– Audits, DCAA to improve after critical IG review of Cal. center, 94:452
– Cooperative agreements

See COOPERATIVE AGREEMENTS

– Cybersecurity Enhancement Act

See LEGISLATION, FEDERAL, HR 4061

– Default termination, A-12 stealth aircraft, failure to make progress justification, trade group criticizes (U.S., amicus brief filed), 93:469
– Fixed-price contracts and development contracting, BNA Insights, 94:390
– Homeland Security Science and Technology Authorization Act

See LEGISLATION, FEDERAL, HR 4842

– Light Weight Armor Research Requirements for Individual Operational Readiness Act

See LEGISLATION, FEDERAL, HR 5063

– NASA, cost growth for large-scale projects (GAO-10-227SP, 2/1/10), 93:115
– National Aeronautics and Space Act

See LEGISLATION, FEDERAL, HR 3237

– Small business

– – SBIR/STTR Reauthorization Act

See LEGISLATION, FEDERAL, S 4053

– – Small Business Innovation Research program, DOD data on effectiveness of space-related technologies lacking (GAO-11-21), 94:478
– – Small Business Innovation to Job Creation Act

See LEGISLATION, FEDERAL, HR 4549, S 3228

– – Small Business Investment and Innovation Act

See LEGISLATION, FEDERAL, S 3967

RETALIATION

– Bid protester's Bivens action against USDA, statutory remedies not pursued (D. Idaho), 94:485
– FCA

– – Baghdad embassy, dismissal of claims upheld (4th Cir.), 94:108
– – Bonus reduction and audit claims dismissal, wrongful termination claim proceeds (E.D. La.), 94:434
– – HUD contractor's claim, denial of motion to dismiss (N.D. Ill.), 93:234
– – Settlement release of former Lockheed employee's claims and no post-employment conduct coverage (N.D. Tex.), 94:537
– – Statutes of limitations, rejection of “discovery” rule, accrual on firing date (D. Utah), 94:18

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

RETIREMENT

– Deferred compensation, FAR interim rule, alignment with CAS 415, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– FSS Retirement Fairness Act

See LEGISLATION, FEDERAL, HR 5115

– National Wildfire Infrastructure Improvement and Cost Containment Act

See LEGISLATION, FEDERAL, HR 4488

– Public Corruption Elimination Act

See LEGISLATION, FEDERAL, HR 4531

RFPs (REQUEST FOR PROPOSALS)

See SOLICITATIONS

RISK

– Acquisition management support services, GSA IG report on risks of using MAS contracts, 94:201
– Assumption of risk of loss clauses for contracts that furnish aircraft, DOD final rule, 93:485
– Currency fluctuations, Iraq contractor's claim denied (ASBCA), 94:410
– High-risk contracts

– – DCAA to limit audits to high-dollar proposals, 94:448
– – FY 2010, OMB reports savings due to reductions in contracts, 94:31
– – FY 2012 budget, OMB directs agencies to cut contracts, 93:482
– – IT projects, OMB procedure for agency review, 94:130; chief CIO identifies “high priority” projects, 94:221

– Kidnapping threats to contractors overseas, Special Report, 94:544
– Nonpublic procurement-related information, risks of contractor access, BNA Insights, 94:161
– Private security contractors, inherently governmental restriction, Wartime Comm'n hearing, professor says risk factors may aid determination, 93:197 (6/22/10)
– Proposal evaluation, low-priced offeror must receive notice of risk in proposal (Comp. Gen.), 93:402

RSA

See RANDOLPH-SHEPPARD ACT (RSA)

RUSSIA

– Arms manufacturing

– – Export growth, pledge to sustain, 93:232
– – Quality assurance in production, 94:455

– Iran sanctions, senators' opposition to legislative exclusion, 93:227