Government Contracting Resources

New Rule Allows Contractors to Prevent Public Access to Contractor Information Reported in FAPIIS

tdiguiseppe — Fri, 03 Feb 2012 14:00:22 +0000

An informative Blog from Devon Hewitt Esq on what the final rule provide contractors in portecting data from public access.

Click here for a copy of the article

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

Changes to GSA SmartPay and what it means to Companies on the FSS

tdiguiseppe — Thu, 01 Dec 2011 14:48:24 +0000

An interesting article on changes coming to those on the FSS
and receive contracts of a $100k or less. Information about how the
Author and his company can assist you in dealing with Level 3 SmartPay can be
found through the link at the end of the article, or at the following website http://www.ftswpa.com/gsacardprocessing.php

Clink link for a copy of the article

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

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

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