Federal Contracts Report Index-Summary

SAFETY, OCCUPATIONAL

See OCCUPATIONAL SAFETY AND HEALTH

SANCTIONS

See PENALTIES

SATELLITES

– FSS contracting, commercial satellite communications, special item numbers added, 93:136

SAUDI ARABIA

– Aircraft, arms sale notification, 94:402

– – Lawmakers' national security concerns, 94:477
– – Letter of offer, disapproval

See LEGISLATION, FEDERAL, HJRes 99

SBA

See SMALL BUSINESS ADMINISTRATION (SBA)

SCA

See SERVICE CONTRACT ACT (SCA)

SDDC

See SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND (SDDC)

SEALED RECORDS

– Bidding, Standard Form 26, FAR rules

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

– Qui tam action, filing requirements, dismissal (6th Cir.), 94:363

SECURITY

– Background checks

See SECURITY CLEARANCES

– Classified information

See generally CLASSIFIED INFORMATION

– Computers

See CYBERSECURITY

– National security

See NATIONAL SECURITY
– – DHS

See HOMELAND SECURITY DEPARTMENT (DHS)

– Personal identity verification cards provided by U.S., FAR proposed rule on collection, 93:437
– Private security contractors

See generally SECURITY GUARDS

– Unclassified information

See generally UNCLASSIFIED INFORMATION

SECURITY CLEARANCES

– Facility clearance requirement, jurisdiction to review agency decision (ASBCA), 94:77
– Kuwait, defense contractor employees in sensitive jobs without clearance, DOD IG report, 94:308
– Privacy

– – NASA contract employees in nonsensitive jobs, background checks (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

– Senate hearing on investigation backlogs, 94:499

SECURITY GUARDS

– Afghanistan, private security contracting

– – Counterinsurgency efforts may be hampered, lawmaker says, 93:197 (6/22/10)
– – President Karzai's decree to remove contractors supported by SASC chair, 94:199; Karzai says decision is “final and conclusive” , 94:220

– Blackwater

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

– Enhancing Oversight and Security at United States Missions Act

See LEGISLATION, FEDERAL, S 3037

– Federal Protective Service

– – Federal Protective Service Reform and Enhancement Act

See LEGISLATION, FEDERAL, HR 5053

– – House Homeland Security Comm. hearing, mission obstacles, 93:302

– Inherently governmental restriction

– – Feingold (D-WI) wants war zone outsourcing ban, 93:480
– – Wartime Comm'n hearing, professor says risk factors may aid determination, 93:197 (6/22/10)

– International code of conduct, Xe Servs. and DynCorp sign, 94:478
– KBR, LOGCAP III contract, FCA and breach claims (D.D.C.), 93:269 (4/13/10)
– State Dep't in Iraq

– – Cost savings using private contractors, report (GAO-10-266R), 93:182
– – Drawdown

– – – House lawmakers question transition strategy, 94:300
– – – Wartime Contracting Comm'n report, planning needed for operational support after drawdown, 94:67

– Stop Outsourcing Security Act

See LEGISLATION, FEDERAL, HR 4650, S 3023

SEMINARS

See CONFERENCES AND MEETINGS

SEPARATION OF POWERS DOCTRINE

– Bill of attainder against ACORN, preliminary injunction for group reversed (2d Cir.), 94:205
– Qui tam settlement review (D.D.C.), 93:99

SERVICE CONTRACT ACT (SCA)

– Army and Air Force Exchange Serv. personnel lacked authority for deviation from wage determination (ASBCA), 94:369
– Threshold adjustment, DOD final rule, 94:139
– Visual information services, exemption for technical jobs, Army proposal evaluation (Fed. Cl.), 93:77

SERVICES CONTRACTS

– Acquisition management support services, GSA IG report on risks of using MAS contracts, 94:201
– Acquisition reform

– – DOD Sec'y Gates promises cuts in support services, 94:178; CRS report on savings, 94:198; industry groups urge moratorium on insourcing, 94:200
– – HASC interim report recommendations for reform, 93:200; final report, 93:247
– – IMPROVE Acquisition Act

See LEGISLATION, FEDERAL, HR 5013

– Acquisition workforce, Army rebuilding effort, oversight panel, 93:329
– Advisory and assistance services, DOE proposed rule, 93:8
– Commercial items, time-and-material (T&M) and labor-hour contracts

– – DOD final rule, 94:198; delayed, newly discovered public comments not considered, 94:222
– – FAR proposed rule, restrictions, 94:300; status box, 94:310

– Contract inventories

– – 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 by defense agencies (GAO-10-350R), 93:113

– Education Dep't proposed rule, 94:203; status box, 94:204
– Health information management services, proposal evaluation unreasonable (Comp. Gen.), 93:281 (4/13/10)
– Holiday and vacation days, labor expenses, GSA contractor's hourly rates interpretation rejected (CBCA), 94:245; interest on unpaid invoices, 94:511
– Intelligence community

See LEGISLATION, FEDERAL, HR 2701, S 3611

– Logistic support services for SOCOM, 93:439 (6/29/10)
– Personal services contracts, DOD interim rule requires statements of work and safeguards to prevent unauthorized contracts, 94:218; status box, 94:241
– SCA

See SERVICE CONTRACT ACT (SCA)

– Senior mentors, DOD final rule bars contracting out for services, 94:523
– Successor contracts, first refusal right, DOL proposed rule, 93:251; status box, 93:256

SET-ASIDES

– AbilityOne program, guidelines not followed, performance enjoined on VA laundry services contract (Fed. Cl.), 94:433
– HUBZone program

See HUBZONE PROGRAM

– Mentor-protege clause, improper exclusion of contractor (ASBCA), 93:262
– Parity provision new law, lawmaker urges agency compliance, 94:402
– Small business

– – Construction, architectural and engineering services, DOD reinstates, 93:206 (6/22/10)
– – Market research sufficient, Army decision upheld (Fed. Cl.), 93:489
– – Price evaluation adjustment for disadvantaged business concerns, DOD class deviation, 93:224
– – Small Business Programs Parity Act

See LEGISLATION, FEDERAL, S 3190

– – Small Business Training in Federal Contracting Certification Act

See LEGISLATION, FEDERAL, S 3444

– – Suspension of GTSI, BNA Insights, 94:414
– – Vendor Information Pages database, ineligible for inclusion, pre-award protest jurisdiction (Fed. Cl.), 94:315

– Women-owned firms, underrepresented industries, SBA proposed rule, 93:177; final rule, 94:355; status box, 94:361; small entity compliance guide, 94:424

SETTLEMENTS

– Blackwater Worldwide, arms export violations settlement with State Dep't, 94:203; lawmaker expresses concern, 94:221
– Center for Corporate Equality report on OFCCP FY 2008 actions, 93:95
– DOJ plea deals, fraud prevention effectiveness, 93:431
– FCA

– – Constitutionality of court's review raised (D.D.C.), 93:99
– – Hewlett-Packard to pay $55M to resolve kickback claims (E.D. Ark.), 94:233
– – Retaliation claim but not qui tam claim of former Lockheed employee's released (N.D. Tex.), 94:537

– Offset, Coast Guard used settlement to offset debt in separate contract (CBCA), 94:77

SEXUAL HARASSMENT

– Arbitration bar on contractor employees' claims

– – DOD class deviation, Defense Appropriation Act provision, 93:135
– – DOD interim rule restricts pacts for contracts over $1M, 93:428; status box, 93:437; final rule, 94:557; status box, 94:567
– – Industry group requests clarification, 93:49

SHIPS AND SHIPBUILDING

– Coast Guard

See COAST GUARD

– Flag vessels

– – Foreign “riding gang members,” DOD interim rule, 94:403; status box, 94:407
– – Notice of transport rules interpretation, U.S. did not provide, equitable adjustment (CBCA), 94:342

– Navy

See NAVY

– Vessel hull design, technical data protection, DOD final rule, 94:241

SHUTDOWN

– Contracting out

See CONTRACTING OUT

SIGAR (SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION)

See generally AFGHANISTAN

SIMPLIFIED ACQUISITION PROCEDURES

– Commercial items, FAR final rule on test program extension, 93:230
– Education Dep't proposed rule, 94:203; status box, 94:204
– Emergency procurements, subcontracting limit on cost-reimbursement contracts above simplified acquisition threshold, DHS proposed rule, 93:481; status box, 93:485; industry group criticizes, 94:179
– Inflationary increase of threshold, FAR final rule, 94:229; status box, 94:241
– Iran, sanctionable business contact, FAR interim rule, 94:330; status box, 94:340
– Market research for noncommercial items, ID/IQ contract and task or delivery orders, interim FAR rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– Public contracts, 41 U.S.C.

See LEGISLATION, FEDERAL, HR 1107

– Termination for convenience, FAR proposed rule on availability of alternative contract clauses, 93:437

SIZE STANDARDS

– Eligibility determinations, SBA proposed rule, 93:163
– Small Business Contracting Protection Act

See LEGISLATION, FEDERAL, HR 4420

– Small Business Contracting Revitalization Act

See LEGISLATION, FEDERAL, S 2989

SMALL BUSINESS

– Architectural and engineering services, set-asides, DOD reinstates, 93:206 (6/22/10)
– Contract bundling

See CONTRACT BUNDLING

– Contract financing, CO should review all options, DOD memo, 93:277 (4/13/10)
– Contracting opportunities

– – Barriers to participation

– – – BNA Insights, 94:190
– – – House Small Bus. Comm. hearing, 93:248
– – – Outreach recommendations, agencies request, 93:484

– – Interagency task force established, 93:366; status box, 93:375; training and user-friendly technology recommended, 94:271

– Direct billing, DOD class deviation, 94:204
– Disadvantaged business program changes, FAR interim rule, 94:567
– DOL delegation of authority, small and disadvantaged business utilization program, 93:209
– DOT Disadvantage Bus. Enterprise program, proposed changes to expand eligibility and oversight, 93:415
– Education Dep't proposed rule, 94:203; status box, 94:204
– §8(a) program

– – Alaska Native Corporations, preferences

See LEGISLATION, FEDERAL, HR 6447, S 3959

– – Business Dev. Program Partnership Agreement between DOD and SBA, 93:9; meeting, notice, 93:11
– – Consolidated Acquisition of Prof'l Servs. task order, improper exclusion under mentor-protege clause (ASBCA), 93:262
– – FAR final rule on SBA contracting, 94:340
– – Justification and approval of sole-source contracts over $20M, FAR rulemaking, comments requested, 94:241
– – Section 8(a) Improvements Act

See LEGISLATION, FEDERAL, S 3458

– – Standing to challenge USAF decision to cancel credit report requirement and use FSS (Fed. Cl.), 94:207
– – Statement of work improperly e-mailed to vendors, HUD award set aside (Fed. Cl.), 93:315; U.S. motion for relief denied, 94:157; attorneys' fee award, no enhancement, 94:316

– Eligibility determinations, SBA proposed rule, 93:163
– Federal Procurement Data Sys.-Next Generation, business group says GSA removal of field will hurt small firms (N.D. Cal.), 93:316
– Fraud prevention in SBA programs, lawmakers to act, 94:593
– Greenhouse gas emissions, GSA pilot program, 94:504
– HHS, House panel examines claims of ARRA contract access denial, 93:332
– HUBZone program

See HUBZONE PROGRAM

– Legislation

– – Contracting goals, GAO study

See LEGISLATION, FEDERAL, HR 4660

– – Expanding Opportunities for Main Street Act

See LEGISLATION, FEDERAL, HR 4929

– – Fairness in Women-Owned Small Business Contracting Act

See LEGISLATION, FEDERAL, S 3399

– – Helping Small Business Compete Act

See LEGISLATION, FEDERAL, HR 4496

– – Level Playing Field Contracting Act

See LEGISLATION, FEDERAL, S 3101

– – SBIR/STTR Reauthorization Act

See LEGISLATION, FEDERAL, S 4053

– – Section 8(a) Improvements Act

See LEGISLATION, FEDERAL, S 3458

– – Small Business Contracting Protection Act

See LEGISLATION, FEDERAL, HR 4420

– – Small Business Contracting Revitalization Act

See LEGISLATION, FEDERAL, S 2989

– – Small Business Fairness Act

See LEGISLATION, FEDERAL, HR 6226

– – 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

– – Small Business Jobs and Credit Act

See LEGISLATION, FEDERAL, HR 5297

– – Small Business Paperwork Relief Act

See LEGISLATION, FEDERAL, S 3946

– – Small Business Procurement Integrity Act

See LEGISLATION, FEDERAL, HR 6370

– – Small Business Programs Parity Act

See LEGISLATION, FEDERAL, S 3190

– – Small Business Reform Act

See LEGISLATION, FEDERAL, HR 4818

– – Small Business Training in Federal Contracting Certification Act

See LEGISLATION, FEDERAL, S 3444

– – Temporary extension of programs

See LEGISLATION, FEDERAL, HR 4508, S 3253

– Market research sufficient, set-aside upheld (Fed. Cl.), 93:489
– North Am. Indus. Classification Sys. code selection, protest of VA error (Comp. Gen.), 93:280 (4/6/10)
– Price evaluation adjustment for disadvantaged firms, DOD class deviation, 93:224
– Prime contract awards, FY 2009, Senate lawmaker praises, 94:227
– Public contracts, 41 U.S.C.

See LEGISLATION, FEDERAL, HR 1107

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

See LEGISLATION, FEDERAL, HR 5797

– Subcontracting

– – Comprehensive Subcontracting Plan Test Program, effectiveness questioned, 94:428
– – Elec. Subcontracting Reporting Sys. submissions, FAR final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)
– – Hurricane rebuilding contracts lacked oversight (GAO-10-723), 94:200
– – Unclean hands, no relief to subcontractor (E.D. Va.), 94:208

– Suspension of GTSI, BNA Insights, 94:414
– Veterans

– – Contracting goals unmet, official says, 94:68
– – E.O. 13,538 requires task force to aid owners in meeting contracting goals, 93:338; status box, 93:339; 93:375
– – Ownership verification

– – – House panel hearing, GAO says improvement needed, 93:372
– – – VA final rule, 93:137; status box, 93:141

– – Sole source criteria for SDVOSBs, FAR final rule, 94:11; status box, 94:12
– – Vendor Information Pages database, ineligible for inclusion, pre-award protest jurisdiction (Fed. Cl.), 94:315
– – Veteran-Owned Small Business Contracting Fairness Act

See LEGISLATION, FEDERAL, HR 6022

– Women-owned firms

– – Fairness in Women-Owned Small Business Contracting Act

See LEGISLATION, FEDERAL, S 3399

– – Set-asides in underrepresented industries, SBA proposed rule, 93:177; final rule, 94:355; status box, 94:361; small entity compliance guide, 94:424

SMALL BUSINESS ADMINISTRATION (SBA)

– Barriers to participation, outreach recommendations, comments requested, 93:484
– Budget, FY 2011 request includes $2M to fight fraud, waste, and abuse, 93:330
– §8(a) Bus. Dev. Program Partnership Agreement with DOD, 93:9; meeting, notice, 93:11
– Fraud prevention in programs, lawmakers to act, 94:593
– Regulations

– – Eligibility determinations, proposed rule, 93:163
– – Women-owned firms, set-asides in underrepresented industries, proposed rule, 93:177; final rule, 94:355; status box, 94:361; small entity compliance guide, 94:424

SMALL BUSINESS JOBS AND CREDIT ACT

– Set-aside parity, lawmaker urges agency compliance, 94:402

SOCOM

See SPECIAL OPERATIONS COMMAND, U.S. (SOCOM)

SOLE SOURCE PROCUREMENTS

– CICA

See COMPETITION IN CONTRACTING ACT (CICA)

– Financial management, integrated system requirement rational (Fed. Cir.), 93:166
– HUBZone program set-aside not considered, IT procurement improper (Fed. Cl.), 93:191
– Justification and approval documents, FAR rules

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

– Task order and delivery order contracts

– – DOD interim rule, 94:76
– – FAR final rule on enhanced competition, 93:223; status box, 93:230

– Veteran-owned

– – FAR final rule, criteria clarification for service-disabled small business, 94:11; status box, 94:12
– – VA final rule on ownership verification for service-disabled and small business firms, 93:137; status box, 93:141

SOLICITATIONS

– American Jobs Matter Act

See LEGISLATION, FEDERAL, HR 5637

– Bidder responsibility, subcontractors' experience cannot be used to satisfy prime requirement (Comp. Gen.), 93:465
– Flood plain violation, rental contract award vital to public interest (Fed. Cl.), 94:461
– 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

– North Am. Indus. Classification Sys. code selection, protest of VA error (Comp. Gen.), 93:280 (4/6/10)
– Prejudice not found in failure to amend solicitation due price differential (Fed. Cl.), 93:440
– Reformation of price, mistake and breach of duty to disclose superior knowledge, deviation from RFP (ASBCA), 93:403
– “Spot buy” with formal RFP subject to jurisdiction, sustained (Comp. Gen.), 94:288
– Temporary housing support services, reissuance, justiciability of pre-award protest (Fed. Cl.), 93:41
– Travel services, GSA issues RFP, 94:230
– Waiver of objection to facility floor restriction (Fed. Cl.), 93:100
– Warehouse space requirement not met, proposal noncompliant, DOD award vacated (Fed. Cl.), 93:342

SOURCE SELECTION

– Discussions with offerors for awards over $100M, DOD proposed rule, 94:525
– KC-X refueling tanker

– – Clerical error, swap of data, 94:523
– – Defense Level Playing Field Act

See LEGISLATION, FEDERAL, HR 6540

– Navy's preferred supplier program, request for comments on draft policy, 93:453; status box, 93:461
– Sole source procurements

See SOLE SOURCE PROCUREMENTS

– Super Bowl ticket, full value paid, USAF selection bias unproven (Fed. Cl.), 94:315
– Training need for use of best-value trade-off process (GAO-11-8), 94:422

SOUTH AMERICA

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

See PERU

SOUTH KOREA

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

SOVEREIGN ACTS DOCTRINE

– AOC work restrictions not “public and general” (GAOCAB), 93:443 (6/29/10)

SOVEREIGN IMMUNITY

– Foreign Sovereign Immunities Act claim, U.S. jurisdiction for broker services agreement breach by Iraq (E.D. Va.), 94:110
– Government contractor defense, mortar shell explosion liability (D. Haw.), 94:574
– Nuclear Waste Policy Act, APA waiver of immunity for judicial review (Fed. Cir.), 93:39
– Water treatment and waste disposal, toxic exposure claims proceed (D. Md.), 94:287

SPACE

– DOD system acquisitions

– – Commercial practices, use of, GAO report, 93:30
– – Cost overruns and delays, 93:203
– – Small Business Innovation Research program, data on effectiveness of technologies lacking (GAO-11-21), 94:478

– NASA

See NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

SPECIAL OPERATIONS COMMAND, U.S. (SOCOM)

– Logistics support, Lockheed selected, 93:439 (6/29/10)

SPECIFICATIONS

– Army breach of implied duty of cooperation, defective specifications (ASBCA), 93:212
– Bilateral modification offer for no cost termination not full relief, claim appeal on “impossible specification” (ASBCA), 93:422
– Government contractor defense, precision lacking for immunity, backfill led to flooding (5th Cir.), 94:284

STANDARDS

– Cybersecurity

– – Cybersecurity Act

See LEGISLATION, FEDERAL, S 773

– – Cybersecurity Enhancement Act

See LEGISLATION, FEDERAL, HR 4061

– Generally Accepted Gov't Auditing Standards, impact on contractors, GAO's DCAA Reports, FCR Analysis, 93:81
– Government Auditing Standards (Yellow Book), draft, availability, 94:279
– North Am. Indus. Classification Sys. code selection, protest of VA error (Comp. Gen.), 93:280 (4/6/10)
– Safety, DOD interim rule on standards compliance for facilities, 94:431; status box, 94:432
– Size standards

See SIZE STANDARDS

– Voluntary Private Sector Preparedness Accreditation and Certification Program standards, DHS adoption, 93:205 (6/22/10); status box, 93:207 (6/22/10)

STANDING TO SUE

– Equitable subrogation, surety has no standing to intervene in claims appeal (ASBCA), 94:159
– Food and beverage vendor contract, non-bidder's futility argument fails (Fed. Cl.), 93:377
– HUD contract, offeror with no chance of success not interested party for protest (Fed. Cl.), 94:244
– Randolph-Sheppard Act, lessee has no implied or express right to action (D. Haw.), 94:158
– Small business, incumbent may challenge decision to cancel §8(a) program credit report requirement and use FSS (Fed. Cl.), 94:207

STATE AND LOCAL GOVERNMENT

See also specific states
– ARRA contract awards, FAR final rule requires whistleblower protections, 93:199 (6/22/10); status box, 93:207 (6/22/10)
– Federal Supply Schedules Usage Act

See LEGISLATION, FEDERAL, S 2868

– Medicaid Recovery Audit Contractors, federal/state funding guidance, HHS proposed rule, 94:481

STATE DEPARTMENT

– Afghan police task order authorization

See LEGISLATION, FEDERAL, HR 4899

– Blackwater Worldwide, arms export violations settlement, 94:203; lawmaker expresses concern, 94:221
– International Traffic in Arms, proposed rule on equipment for foreign persons, 93:256
– Iraq

– – Contract management of police training program, criticism by senators, 93:50
– – Drawdown

– – – House lawmakers question transition strategy, 94:300
– – – Wartime Contracting Comm'n report, planning needed for operational support after drawdown, 94:67

– – Embassy construction, dismissal of FCA claims upheld (4th Cir.), 94:108
– – Private security contractors, cost savings, report (GAO-10-266R), 93:182

– Synchronized Predeployment and Operational Tracker (SPOT) database incomplete, GAO official says, 93:249

STATUTES OF LIMITATIONS

– Bidding, KC-X refueling tanker, U.S. Aerospace bid properly rejected for lateness (Comp. Gen.), 94:387; firm will not pursue bid, 94:399
– Claims

– – Accrual date for, breach of contract cannot occur before contract formation (ASBCA), 93:147
– – CDA period not jurisdictional and is subject to equitable tolling (D.C. Cir.), 94:156
– – Flooring contractor did not “sleep on its rights” (Fed. Cl.), 94:342
– – Garrison cap supplier did not submit within 6-years (ASBCA), 93:213
– – Interstate Commerce Act bars untimely claims (Fed. Cl.), 93:443 (6/29/10)
– – Security contractor's use of CDA provision makes Tucker Act limit inapplicable (Fed. Cl.), 94:386

– Fraud

– – FCA

– – – “Discovery” rule rejected, claim accrued on firing date (D. Utah), 94:18
– – – 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
– – – Thirty-day deadline on appeal action filed without government intervention (9th Cir.), 93:144; (U.S., rev den), 94:367

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

– Size appeals, SBA proposed rule, 93:163

STAYS

– Appeals involve same contract in district court suit (ASBCA), 93:281 (4/6/10)
– CICA

– – Radiation health risks at contract site, DOE override upheld (Fed. Cl.), 94:433
– – TSA, applicable to (Fed. Cl.), 93:17

– Conflicts of interest, denial of stay to intervenor in hospital renovation contract dispute (Fed. Cl.), 94:368
– Default termination stay rejected despite pending FCA suit (ASBCA), 94:111
– Protective order for unit pricing materials, U.S. to pursue judicial options (ASBCA), 94:188

STEEL INDUSTRY

– Buses, Rail Cars, Ferryboats: Make it in America Act

See LEGISLATION, FEDERAL, HR 5791

– Domestic source restrictions, ARRA, Buy American Act mandate for iron and steel, FAR final rule, 94:228; status box, 94:241

STIMULUS PLANS

– American Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– TARP

See TROUBLED ASSET RELIEF PROGRAM (TARP)

STUDIES

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

SUBCONTRACTING AND SUBCONTRACTORS

– Affirmative action, government contractor/subcontractor status

– – Complacency dangers, FCR Analysis, 93:285 (4/13/10)
– – Natl. Employment Law Inst. conference, OFCCP power over providers, 94:404
– – OFCCP expands jurisdiction, 94:132

– Bidder responsibility, subcontractors' experience cannot be used to satisfy prime requirement (Comp. Gen.), 93:465
– Breach of contract, knowledge insufficient to establish mutuality of intent to contract (Fed. Cl.), 94:619
– CAS overseas exemption, elimination proposed, 94:399; status box, 94:407
– Changes, contractor's hiring not constructive change, no additional cost liability for U.S. (Fed. Cl.), 93:145
– Comprehensive Subcontracting Plan Test Program, effectiveness questioned, 94:428
– Contingency operations, Wartime Contracting Comm'n, DCAA Dir. discusses pricing issues, 94:126
– Debarment and suspension, FAR interim rule extension of flowdown of restrictions to lower-tiered subcontractors, 94:560
– Emergency procurements, limit on cost-reimbursement contracts above simplified acquisition threshold, DHS proposed rule, 93:481; status box, 93:485; industry group criticizes, 94:179
– FCA, mobile home sales, pleading insufficient (M.D. Ga.), 93:236
– HUBZone Improvement Act

See LEGISLATION, FEDERAL, S 3020

– Hurricane rebuilding contracts lacked oversight (GAO-10-723), 94:200
– Indirect costs, submission of claim cannot be used to circumvent payment procedures (ASBCA), 94:600
– Inflationary increase of threshold, FAR final rule, 94:229; status box, 94:241
– Miller Act claims, direct relationship with prime's subcontractor sufficient (D.N.M.), 94:458
– “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

– Proposal evaluations, VA's unequal consideration (Comp. Gen.), 94:17
– Reporting

– – Electronically, DOD interim rule, 94:407
– – 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

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

– Summitville Procurement Protection Act

See LEGISLATION, FEDERAL, HR 5158

– Technical data, computer software, validation of contractors' restrictions, DOD proposed rule, 93:399; ABA says rule is beyond scope of laws, 94:32
– Unclean hands, no relief to subcontractor, contract violates public policy (E.D. Va.), 94:208

SUBPOENAS

– Inspector General Authority Improvement Act

See LEGISLATION, FEDERAL, HR 5815

SUBSTANCE ABUSE

See DRUG AND ALCOHOL ABUSE

SUCCESSOR EMPLOYERS

– Service contracts, first refusal right, DOL proposed rule, 93:251; status box, 93:256

SUDAN

– FAR proposed rule on waivers of business restrictions, 94:361

SUPPLY SCHEDULES

See FEDERAL SUPPLY SCHEDULE CONTRACTING (FSS)

SUPREME COURT, U.S.

– Attorneys' fees, administrative offset against litigant's preexisting debts to U.S. (dec), 93:217 (6/22/10)
– Default termination, A-12 stealth aircraft, failure to make progress justification, trade group criticizes (amicus brief filed), 93:469
– FCA

– – Public disclosure bar

– – – “Original source” exception, Medicare providers' alleged kickbacks, solicitor general's views on when relator must provide information (order), 93:165; salesman qualified as source (rev den), 93:441 (6/29/10)
– – – State or local administrative materials, barring of actions (dec), 93:279 (4/6/10)

– – Release signed by relator prior to lawsuit enforceable, U.S. had notice (rev den), 94:386
– – Thirty-day deadline on appeal action filed without government intervention (rev den), 94:367

– Security clearances, privacy rights, background checks of NASA contract employees in nonsensitive jobs (rev grant), 93:207; (oral arg), 94:364; legal issues discussion, BNA Insights, 94:463

SURETIES

See generally BONDS

SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND (SDDC)

– Claims, Interstate Commerce Act bars untimely claims (Fed. Cl.), 93:443 (6/29/10)

SURVEYS

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

SUSPENSION OF CONTRACTORS

See DEBARMENT AND SUSPENSION