Contracting with the U.S. Government
Wednesday, May 18th, 2011
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
Wednesday, May 18th, 2011
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 18th, 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
Thursday, May 5th, 2011
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
