Government Contracting Resources » Uncategorized

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

CAS exemption for contracts performed outside the US no longer applies

tdiguiseppe — Wed, 10 Aug 2011 14:17:30 +0000

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

Determining Manufacturing Readiness Risk as part of the Source Selection process

tdiguiseppe — Mon, 01 Aug 2011 16:42:08 +0000

DFARS (DFARS Case 2011-D031) is proposing that as part of the source selection process, manufacturing readiness and manufacturing-readiness processes of potential contractors and subcontractors, be considered for major defense acquisition programs (MDAP).

Of course nothing in the proposed rule, as described in the Federal Register, defines what manufacturing readiness and processes are and how that will be measured/determined during the source selection process.

Most likely DoD is floating this rule out there to get major manufactures input, through their comments, on how this would work, and what the parameters should be.

While most major prime contractors would be able to address this potential issue, it is the subcontractors on such MDAP that need to be concerned about the proposed rule. Because it would not be the CO obtaining this information during the source selection process, but the prime obtaining the information from prospective subcontractors. This could expose the subcontractors intellectual property as it relates to its manufacturing processes, to the prime.

This could put the subcontractor at a significant negotiating disadvantage with the prime. Another area, from this administration, in a long line of new risks being faced by subcontractors.

Tim Di Guiseppe

Click here for a copy of the Federal Register and info on where to submit comments

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

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

OFCCP Releases Notice of Proposed Rulemaking Regarding Protected Veterans

tdiguiseppe — Thu, 28 Apr 2011 16:04:02 +0000

“These obligations require, for the first time, quantitative measurements for the hiring of protected veterans,
self-identification invitations pre and post-offer, and a documented review of specified personnel practices.”

Be prepared to significantly increasing policies, procedures and reporting requirements not only internally but also when flowing down contract clauses to subcontractors.

Tim

Click here for a copy of the article

DFARS Case 2010-D026, Display of DoD Inspector General Fraud Hotline Posters,Proposed rule

tdiguiseppe — Fri, 11 Mar 2011 15:54:11 +0000

The DoD IG has determined that FAR 52.203-14(c), which allows an exemption from posting agency hotline posters if the contractor already has an ethics and conduct awareness program, is not sufficient to protect potential whistleblowers when alleging fraud, waste and abuse by their company.

Under this propose rule the DoD IG wants to supplement the FAR with a DFARS Clause that would make it mandatory for all DoD contractors (regardless of size or adequacy of internal ethics and conduct programs) to display the DoD IG hotline posters.

Comments on the proposed rule should be submitted in writing to the address shown below on or before May 10, 2011, to be considered in the formation of the final rule.

My guess is that regardless of any comments against this propose rule, it will be implemented, so be prepared to post the additional posters and for DCAA to ensure such posters are posted during their audits.

Click here for a link to the Federal Register

DFARS Case 2009-D031, Government Support Contractor Access to Technical Data, Interim rule

tdiguiseppe — Wed, 02 Mar 2011 15:40:30 +0000

I would recommend all contractors discuss with their outside counsel the impact and potential risk to the security of their technical data this interim rule poses. If any contractor needs a recommendation for counsel with expertise in this subject matter feel free to contact me via email or at the following number 814-242-2410

Click here for a link to the Federal Registor for DFARS Case 2009-D031

DFARS Case 2010-D011, Independent Research and Development Technical Description, Proposed rule

tdiguiseppe — Wed, 02 Mar 2011 15:17:34 +0000

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require contractors to report independent research and development (IR&D) projects generating annual costs in excess of $50,000.

This proposed rule will significantly increase the reporting requirement for IR&D projects and potentially disclose to the public such efforts. I would recommend contractors to discuss this with their outside counsel to understand the potential impact and risk and to determine if the contractor wants to provide comments on the proposed rule.

Click here for a link to the Federal Register for DFARS Case 2010-D011