Federal Contracts Report Index-Summary

WAGES AND SALARIES

– Davis-Bacon Act

– Executive compensation

– – First-tier disclosure

– – – Grants and cooperative agreements, OMB interim final guidance, 94:279
– – – Subcontractors, FAR interim rule, 94:32; status box, 94:40; industry group criticizes “burdensome” requirements, 94:218; industry group criticizes lack of key definitions, 94:232

– – OMB benchmark notice, 93:313
– – Project on Gov't Oversight urges broader employee coverage for cap limits, 93:370

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

– – Inflated compensation reports, OPM and union dispute, 94:201
– – Locality pay areas, OPM interim rule, 94:344

– FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

– Holiday and vacation days, labor expenses, GSA contractor's hourly rates interpretation rejected (CBCA), 94:245; interest on unpaid invoices, 94:511
– Labor standard violations, contractors given awards despite prior history (GAO-10-1033), 94:380; disagreement on automatic debarment, 94:429; lawyers discuss impact, BNA Insights, 94:512
– National Wildfire Infrastructure Improvement and Cost Containment Act

See LEGISLATION, FEDERAL, HR 4488

– Wage determination, personnel lacked authority for deviation (ASBCA), 94:369

WAIVERS

– American Recovery and Reinvestment Act

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Authorization of delivery order by CO (ASBCA), 93:78
– Bid protests

– – Facility restriction challenge made after bidding process (Fed. Cl.), 93:100
– – Food and beverage vendor contract, objection not made until after award (Fed. Cl.), 93:377
– – Patent error and ambiguity in price evaluation, waiver of right to challenge (Fed. Cl.), 94:485

– BLM Contract Extension Act

See LEGISLATION, FEDERAL, HR 3759

– Claims

– – Good faith and fair dealing claims, no coercion or fraud in release (Fed. Cl.), 93:262
– – Personal jurisdiction defense to tort claim (11th Cir.), 93:77
– – Setoff right, Army's payment of bills without objection insufficient (Fed. Cl.), 93:192; retroactive application of FERA provisions in error, reconsideration still denied (D.D.C.), 93:402

– Class deviations

– – Award fee reduction, job safety violations and negligence, DOD, 93:373
– – Crime reports of contractors in Iraq and Afghanistan, DOD identifies authorities to which contractors report, 94:230
– – Federal Awardee Performance and Integrity Info. Sys., DOD, 93:332
– – Mandatory arbitration of employees' bias and harassment claims, DOD funding denial to contractors who force arbitration, 93:135; interim rule restricts arbitration pacts for contracts over $1M, 93:428; status box, 93:437; final rule, 94:557; status box, 94:567
– – Posting of employee rights, OFCCP compliance directive, DOD, 93:439 (6/29/10)
– – Small business qualification for direct billing, DOD, 94:204

– Default termination, construction completion date not waived (ASBCA), 94:539
– Defense Base Act insurance, DOD establishment of single point of contact, 93:7
– Domestic source restrictions

– – Afghanistan, Trade Agreements Act waiver for acquisitions from 9 South Central, South Asian countries, DOD proposed rule, 93:9; status box, 93:11
– – AFL-CIO official says no harm to supply chains, 93:398
– – Buses, Rail Cars, Ferryboats: Make it in America Act

See LEGISLATION, FEDERAL, HR 5791

– – Costa Rica

– – – DOD final rule, Buy American Act requirements, 93:59
– – – FAR final rule and Free Trade Agreement, 93:230
– – – Presidential proclamation, Free Trade Agreement, 93:207 (6/22/10)

– – Oman, FAR final rule and Free Trade Agreement, 93:230
– – Peru

– – – DOD final rule, Buy American Act requirements, 93:59
– – – FAR final rule and Trade Promotion Agreement, 93:230

– DOT, competitive bidding requirement

See LEGISLATION, FEDERAL, HR 4874

– Qui tam suits, release signed by relator prior to lawsuit enforceable, U.S. had notice (4th Cir.), 93:260; (U.S., rev den), 94:386
– Sovereign immunity

– – APA, judicial review of Nuclear Waste Policy Act (Fed. Cir.), 93:39
– – Water treatment and waste disposal, toxic exposure claims proceed (D. Md.), 94:287

– Wage determination, personnel lacked authority for deviation (ASBCA), 94:369

WAR PROFITEERING

– War Profiteering Prevention Act

See LEGISLATION, FEDERAL, HR 1667

WARRANTIES

– Tracking of item unique identification items, comments requested, 94:229; status box, 94:241

WARTIME SUSPENSION OF LIMITATIONS ACT (WSLA)

– Iraq conflict not war declared by Congress, WLSA does not toll limits on aircraft fraud indictment (S.D. Cal.), 94:45

WEAPON SYSTEMS ACQUISITION REFORM ACT

– Competition throughout life cycle of major defense acquisition programs, DOD interim rule, 93:157; status box, 93:163; final rule, 94:234; status box, 94:241
– Conflicts of interest, DOD proposed rule on organizational conflicts, 93:327; extension of comment period, 93:205 (6/22/10); status box, 93:339; FCR Analysis, 93:345; mitigation focus absent, groups comment, 94:100
– House Armed Servs. Comm. hearing, Pentagon officials discuss reforms, 94:93
– Make-or-buy analyses, additional DOD guidance recommended (GAO-11R-61R), 94:449

WEAPONS

– Blackwater Worldwide, arms export violations settlement with State Dep't, 94:203; lawmaker expresses concern, 94:221
– Commercial items, time-and-material and labor-hour contracts, DOD final rule on acquisitions, 94:198; delayed, newly discovered public comments not considered, 94:222
– Intellectual property, DOD final rule on assessments of “long-term technical data needs,” 93:8; status box, 93:11
– International Traffic in Arms, State Dep't proposed rule, equipment for foreign persons, 93:256
– Japan, lifting arms export ban favored by Defense Minister, 93:37; review underway, 93:232
– Major defense acquisition programs

– – Competition throughout life cycle, DOD interim rule to ensure competition throughout life cycle, 93:157; status box, 93:163; final rule, 94:234; status box, 94:241
– – Cost growth, experts tell House panel how to reduce spending, 94:95
– – Costs and software data reporting system requirements, DOD proposed rule, 93:399
– – Leadership key to successful acquisitions (GAO-10-522), 93:396
– – Make-or-buy analyses, additional DOD guidance recommended (GAO-11R-61R), 94:449
– – Milestone decision authority to select contract type, DOD final rule, 93:277 (4/13/10); status box, 93:278 (4/13/10)
– – Product support reform, DOD report, 93:6
– – Special tooling for hardware, preservation and storage, DOD proposed rule, 93:399

– Missiles, Commerce Dep't final rule on revisions to Missile Tech. Control Regime Annex, 93:339
– Nuclear

See generally NUCLEAR GOODS AND FACILITIES

– Quadrennial Defense Review, 2010, 93:112; independent panel faults strategy for “underperforming” activities, 94:151
– Russia

– – Export growth, pledge, 93:232
– – Quality assurance, arms production requirements adopted, 94:455

– Saudi Arabia arms sale notification, 94:402

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

See LEGISLATION, FEDERAL, HJRes 99

– Small arms, Afghanistan and Iraq acquisitions, DOD final rule, 93:277 (4/13/10); status box, 93:278 (4/13/10)
– Unmanned aerial vehicles, foreign entities' illicit contacts, report, 93:273 (4/13/10)
– Weapon Systems Acquisition Reform Act

See WEAPON SYSTEMS ACQUISITION REFORM ACT

WHISTLEBLOWER PROTECTION ACT (WPA)

– MSPB report analysis, federal workers' protections, 94:562

WHISTLEBLOWERS

– ARRA contract awards, FAR final rule, 93:199 (6/22/10); status box, 93:207 (6/22/10)
– Federal employees

– – MSPB report analysis, federal workers' protections, 94:562
– – Whistleblower Protection Enhancement Act

See LEGISLATION, FEDERAL, S 372

– Retaliation

– – Baghdad embassy construction, 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

WITNESSES AND TESTIMONY

– Inspector General Authority Improvement Act

See LEGISLATION, FEDERAL, HR 5815

– Motion to supplement record, deposition testimony of bias against incumbent (Fed. Cl.), 93:216 (6/22/10)

WOMEN

– Affirmative action, generally

See AFFIRMATIVE ACTION

– DOL delegation of authority in small business and disadvantaged utilization program, 93:209
– FHFA notice of proposed rule, inclusion of women in equal opportunity and outreach, 93:11; rule to promote diversity, 93:29
– HHS, House panel examines claims of ARRA contract access denial, 93:332
– Small business

– – 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

WORLD TRADE ORGANIZATION (WTO)

– Aircraft industry subsidies

– – Airbus, 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, panel delays interim report on subsidies, 94:42; preliminary ruling upholds key EU claims, 94:281

– Government Procurement Agreement

– – Armenia and Jordan accession, 93:142
– – China

– – – China Fair Trade Act

See LEGISLATION, FEDERAL, S 3505

– – – Market access, revised offer, 93:462; U.S. demands improved offer, 94:408

– – Market access, EU wants improvements, 94:282; 94:313; negotiations ending, 94:408; reciprocity emphasis, 94:597
– – Taiwan, designated country listing

– – – DOD final rule, 93:485
– – – FAR final rule, 93:204 (6/22/10); status box, 93:207 (6/22/10)

– – Threshold increase

– – – DOD interim rule, 93:485; final rule, 94:139; adopted without change, 94:432
– – – FAR interim rule, 94:12

– Information Tech. Agreement, ruling delay on EU tariffs, 93:401; preliminary ruling, 93:212 (6/22/10)

WPA

See WHISTLEBLOWER PROTECTION ACT (WPA)

WRONGFUL DEATH

– Lieutenant Colonel Dominic “Rocky” Baragona Justice for American Heroes Harmed by Contractors Act

See LEGISLATION, FEDERAL, HR 2349, S 2782

WRONGFUL DISCHARGE

– FCA, human resources director's termination claim (E.D. La.), 94:434

WSLA

See WARTIME SUSPENSION OF LIMITATIONS ACT (WSLA)

WTO

See WORLD TRADE ORGANIZATION (WTO)