Government Contracting Resources » Contract Disputes

Defense Federal Acquisition Regulation Supplement: Proposal Adequacy Checklist (DFARS Case 2011-D042

tdiguiseppe — Mon, 05 Dec 2011 14:24:52 +0000

While most would think that the 47 items on the proposed adequacy check list were already being done, the DoD’s Better Buying Power initiatives group did not think so therefore it is proposing to formally include the check list in the DFARS as a requirement for any proposal requiring Certified Cost or Pricing data to protect the Government against a perceived deficiency in the proposal evaluation process.

The only thing this will accomplish is to greatly extend the timeline and cost from RFP to contract award without any real measurable benefit to the Government.

DoD reasoning is quoted below.

“This proposed rule supports one of DoD’s Better Buying Power initiatives by incorporating the requirement for a proposal adequacy checklist into the Defense Federal Acquisition Regulation Supplement (DFARS) at section 215.408, and an associated solicitation provision at DFARS 252.215–70XX, to ensure offerors take responsibility for submitting thorough, accurate, and complete proposals. The provision should be included in solicitations that require the submission of certified cost or pricing data.”

Clink this link for a copy of the Federal Register

New DCAA Focus Areas – Questioned Costs

tdiguiseppe — Thu, 03 Nov 2011 19:10:46 +0000

More examples of how DCAA is interpreting the FAR for the purpose of finding more areas in which cost can be disallowed. Companies must prepare themselves for a more aggressive DCAA.

Click here for a copy of the article

Requirements Type Contracts, What you need to Know

tdiguiseppe — Tue, 25 Oct 2011 14:14:46 +0000

A good short article on the uniqueness of a Requirements contract. But what is most interesting is how the article demonstrates it is important to review and view the contract clauses and requirements as a whole, not individuality to fully understand their potential impact on your as contractor.

Click here for a copy of the article

Contractor Exposure for False Claims Act Violations During Contract Disputes Increases

tdiguiseppe — Wed, 17 Aug 2011 16:14:56 +0000

The attached article by Hal Perlof, Esq., of Husch Blackwell provides important information on how a recent court ruling can significantly increase contractor risks for False Claims Act (“FCA”) violations during contract disputes.

Mr. Perlof also provides a very good description of what criteria has to be met before bringing an FCA violation claim and how the new ruling changes the game.

A must keep article for your business files.

Click here for a copy of the article

Non-Discrimination in Compensation – Compensation data collection Tool

tdiguiseppe — Wed, 10 Aug 2011 14:26:29 +0000

The Obama’s administration early announcement that they will be proposing a new data collection rule related to “Compensation Discrimination”. This is another attempt on the part of DOL and the Obama’s administration to force contractors to report data on employee and management compensation under the guise of identifying and preventing compensation discrimination. In reality it is a back door effort to force government contractor to either become unionized or to pay wage scales dictated by the union. If also smacks of the heavy handed approach
to government dictating how business are to pay their employees. This is no different than DOL efforts to tell Boeing where it can set up business operations and that any effort to operate in Right to Work states will be met with lawsuits from DOL.

You have an opportunity to comment, please use it. However, the only real way to prevent this proposed rule from becoming finalized it to contact your Congressional Representative loudly and
often. Because this is another attempt to kill capitalization by the Obama administration.

Click here for a copy of the Fed Reg announcing this proposed rule

Understanding the Truth in Negotiation Act (TINA)

tdiguiseppe — Thu, 02 Jun 2011 19:34:35 +0000

A white paper on the Truth in Negotiation Act and what it means to you as a Government Contractor

Click here for access to the paper on TINA

Contracting with the U.S. Government

tdiguiseppe — Wed, 18 May 2011 17:25:16 +0000

A great paper by Rod Marvin, Esq., of Cohen and Mohr, on all aspects of doing business with the Federal government and how best to be successful in this market. While it is a long paper, it is a great resource to keep in your files for a reference tool on the many requirements of doing business with the government.

Click here for a copy of the White Paper

DFARS 252.242-7005 Contractor Business Systems Interim Rule

tdiguiseppe — Wed, 18 May 2011 17:15:42 +0000

This proposed DFARS is out for a third set of comments. While the attached Federal register summarizing the previous
comments on this propose rule is long, it gives some great insight into the position DoD COs will take when determining adequacy of a particular business system and what if any monies will be withheld due to identified inadequacies.

Under this rule:

A) DoD is defining contractor business systems as accounting systems, estimating systems, purchasing systems, earned value management systems (EVMS), material management and accounting systems (MMAS), and property management systems.

B) DoD is implementing compliance enforcement mechanisms in the form of a business systems clause which includes payment withholding that allows contracting officers to withhold a percentage of payments, under certain conditions, when a contractor’s business system contains significant deficiencies. Payments could be withheld on—

Interim payments under—
Cost–reimbursement contracts;
Incentive type contracts;
Time-and-materials contracts;
Labor-hour contracts;
Progress payments; and
Performance-based payments.

The Discussion and Analysis section of this Federal Register contains a insight into DoD position as it relates to the business systems listed above, the process of determining adequacy, contractor appeals, DCAA audits and follow up audits.

While this is out for comment until July 18^th, CO payment withholding due to system inadequacies is part of the future.
Understanding what that means and how to ensure your systems are not caught up in this process are important to the financial wellbeing of your company.

Tim

Click here for a copy of the Federal Register

Execusable Delays in Government Contracts

tdiguiseppe — Thu, 05 May 2011 13:42:19 +0000

A good short article on execuable delays as execptions to strict compliance with government contract T&Cs.

Click here for a copy of the article

Get ready for pricing wars

tdiguiseppe — Thu, 28 Apr 2011 16:11:52 +0000

A good article by Stan Soloway on measures being taking by DoD to increase its ability to dictate price reasonableness, and drive up the cost of doing business with the Government.

Tim

Click here for a copy of the article