Government Contracting Resources » Potential liability on Government contracts

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

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

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

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

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