Government Contracts MonitorProcurement News and AnalysisNew Regulation Requires Contractors to Post Labor Rights NoticesMay 27, 2010 On June 21, 2010, federal agencies will begin using contract clauses requiring contractors to post new workplace notices informing employees of their rights under federal labor laws. The Department of Labor’s recent final rule implements Executive Order 13496, which President Obama issued soon after taking office. The Obama policy revoked Executive Order 13201 and reversed the… JK Attorney Publishes Article about Federal R&D FundingMay 11, 2010 Jackson Kelly attorney and blog contributor Eric Whytsell recently wrote an article appearing in the spring issue of Capacity magazine about federal R&D funding opportunities. In the article, Whytsell says, "despite the recently proposed spending ‘freeze,' the government will continue to make substantial R&D money available for the foreseeable future – through both contracts and… DoD Proposes Tightening Organizational Conflict of Interest (OCI) RulesMay 3, 2010 The Department of Defense (DoD) is proposing to amend its procurement regulations to “provide uniform guidance” and to “tighten existing requirements” for organizational conflicts of interest (OCI) in DOD contracts. Although the new rule implements § 207 of the Weapons Systems Acquisition Reform Act of 2009 (WSARA) (see our June 2009 post), it would apply to all non-COTS DOD… Congress Considers Reforming DoD Services and IT Acquisition [UPDATED]April 29, 2010 Legislation was introduced in the U.S. House of Representatives last week that would significantly change the way the Department of Defense purchases services and information technology. The bill’s focus reflects the new reality that services and IT now constitute the vast majority of what DoD buys. The legislation – the Implementing Management for Performance and Related Reforms to… Federal 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… 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… 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… 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… Custer Battles Decision Introduces More Uncertainty to Scope of False Claims ActMay 27, 2009 On April 10th, the U.S. Court of Appeals for the Fourth Circuit issued a ruling in the Custer Battles case clarifying the potential False Claims Act liability of contractors performing contracts in Iraq and elsewhere.
The judgment partially reverses a controversial decision by the U.S. District Court for the Eastern District of Virginia that limited the application of the False Claims Act (FCA) to… Government Contracts Alternative Dispute ResolutionMay 19, 2009 Alternative dispute resolution (ADR) promises to play an increasingly critical role in government contracts litigation.
In its broadest sense, ADR is any process that settles a dispute outside of the courtroom, for example, mediation and arbitration (read a full article on the concept, as applied to government contracts, here). ADR has grown increasingly popular as litigation costs… Stimulus Oversight Officials Named, Expect to Find FraudMarch 26, 2009 Earl Devaney, a former Massachusetts police officer, Secret Service agent, and current Department of Interior Inspector General, was tapped to head the Recovery Accountability and Transparency Board, which will oversee the use of over $750 billion in funds allocated by the American Recovery and Reinvestment Act of 2009 (the Stimulus). Mr. Devaney will be under intense… |
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