Government Contracts MonitorFederal Circuit Clarifies the Definition of IR&D CostsMarch 29, 2010 The U.S. Court of Appeals for the Federal Circuit recently issued a long-awaited decision clarifying the classification of costs as Independent Research and Development (IR&D). ATK Thiokol, Inc. v. United States, No. 2009-5036 (Fed. Cir. Mar. 19, 2010). In ATK, the contractor (now known as ATK Launch Systems) funded an upgrade of one of its advanced “strap on” rocket motors in the… OFPP Administrator Dan Gordon Discusses Redefining the Contractor-Government RelationshipFebruary 22, 2010 On Thursday night, Dan Gordon commented on the need to "redefine" the relationship between the federal government and its contractors. Mr. Gordon was recently appointed by the Obama administration to head the Office of Federal Procurement Policy (OFPP), the federal government's procurement policy maker. Mr. Gordon said that over the past 15-20 years, contractors have become critical to the…Proposed Rule Would Place Burden on Contractors to Address Employee Personal Conflicts of Interest (PCIs)December 1, 2009 For some time now, OCIs have been a primary target for regulatory reforms, but now… PCIs? Background On November 13, 2009, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (FAR Councils) announced a proposed rule requiring contractors to take sweeping action related to personal conflicts of interest (PCIs) held by employees performing “acquisition… New Rule to Limit Length of Noncompetitive Contracts Awarded with “Unusual and Compelling Urgency”November 2, 2009 In an update to our recent post… Government Contractors Face Challenges in Establishing Contract Claims Against Higher Tier ContractorsOctober 5, 2009 Lower-tier subcontractors performing work on government contracts sometimes stand in a difficult position: exposed to the same government compliance requirements as prime contractors, but lacking the direct contractual relationships necessary to obtaining legal recourse in the event that something goes wrong. The case of CLP Resources, Inc., v. Kentucky Bluegrass Contracting, LLC[1]…Even in the Face of \"Unusual and Compelling Urgency,\" Agencies Must Maximize Competition to the Extent PossibleSeptember 24, 2009 The government must use “full and open competition” when it purchases goods or services unless one of seven primary exceptions is met. A recent Government Accountability Office (GAO) decision serves as a reminder that such exceptions do not necessarily mean competition can be abandoned altogether. In Major Contracting Services, Inc., the U.S. Army awarded a contract for “portable… New “Performance and Integrity” Database to Impose Additional Reporting Requirements on Government ContractorsSeptember 11, 2009 A proposed regulation would amend the Federal Acquisition Regulation (FAR) to require government contract offerors with over $10 million in federal grants and contracts to provide information relating to criminal convictions, civil judgments and administrative proceedings directly into a new information system maintained by the government. Under §872 of the 2009 Defense Authorization Act, the…E-Verify Rule to Take Effect September 8, 2009August 31, 2009 The last hurdle before the implementation of a rule requiring federal government contractors to verify employees’ employment eligibility has been cleared. On August 25th, the U.S. District Court for Maryland rejected the U.S. Chamber of Commerce’s challenge to a regulation mandating the use of E-Verify – the Department of Homeland Security’s internet-based system that checks… Obama Steps Up to the Plate for E-Verify, Confirms 9/8/09 Start-DateJuly 10, 2009 The Obama Administration has finally and officially endorsed the rules requiring federal government contractors to use E-Verify – the previous administration’s immigration compliance system extensively covered in this blog. Originally scheduled to go into effect in January 2009, the imposition of the system has been delayed four times, most recently on June 5 to allow the Obama… Providing Care to Federal Employees May Mean Affirmative Action Plans and Additional Compliance RequirementsJuly 8, 2009 If you provide medical services to federal government employees, you may be a government contractor without knowing it. And what you don’t know can hurt you.
Most health care providers have never heard of the Office of Federal Contract Compliance Programs (OFCCP), a branch of the Labor Department tasked with enforcing federal regulations prohibiting federal contractors and subcontractors from… Congress Demands More Oversight on Major Defense Systems AcquisitionJune 18, 2009 On May 22, 2009, President Obama signed the Weapons Systems Acquisition Reform Act of 2009 (WSARA), a statute that, in the President’s words, aims to “eliminate some of the waste inefficiency in our defense projects.” The Act passed unanimously in the House and Senate. “While it is tempting to conclude that a bill so unanimously supported must not do anything,” said House Armed… E-Verify Contractor Rule Postponed Yet Again - Until September 8, 2009June 5, 2009 On June 5, the Federal government announced a further delay of the requirement that Federal contractors use the E-Verify program – DHS’ electronic immigration compliance system to confirm employees’ employment eligibility.
Formal notice of the change states that the new clause at 52.222-54, Employment Eligibility Verification, is not to be included in any solicitation or contract… |
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