Defense Federal Acquisition Regulation Supplement: Proposal Adequacy Checklist (DFARS Case 2011-D042
Monday, December 5th, 2011
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
Contractor Exposure for False Claims Act Violations During Contract Disputes Increases
Wednesday, August 17th, 2011
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
CAS exemption for contracts performed outside the US no longer applies
Wednesday, August 10th, 2011
You will remember that a few months back I sent out a news alert about a proposed rule to remove the exemption from CAS for contracts performed outside the US. The proposal rule is not finalized.
Performing a contract entirely outside the US no longer exempts the contract for CAS coverage if under normal circumstance the contract would be CAS qualified.
Click here for the Feg Reg publication of the final rule
