March 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…
February 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…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…
November 2, 2009
October 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]…September 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…
September 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…August 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…
July 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…
July 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…
June 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…
June 5, 2009
March 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…
February 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…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…
November 2, 2009
October 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]…September 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…
September 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…August 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…
July 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…
July 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…
June 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…
June 5, 2009
