Wednesday, October 28, 2020

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Proposed IR&D DFARS Rule Would Competitively Punish Technology Innovators

If implemented, a proposed rule that would amend the DFARS to ensure that contracting officials uniformly evaluate independent research and development costs during competitive source selections will punish innovative firms for engaging in IR&D efforts. In essence, the rule would ensure that the possible future reimbursement of IR&D overhead costs is reflected in a contractor’s […]
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Should Loose Lips Sink Qui Tam Suits? Supreme Court to Decide Whether FCA Seal...

On November 1, 2016, the Supreme Court heard oral arguments in State Farm and Casualty Co. v. United States ex rel. Rigsby on the question of what standard should govern the decision whether to dismiss a relator’s claim for violation of the False Claims Act’s seal requirement, which mandates that any FCA action brought by […]
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It’s Back – DCAA’s Non-Defense Audit Authority Revived

In a recent memorandum, the Defense Contract Audit Agency lifted its moratorium on performing audits for non-defense agencies. Because DCAA has met the statutory requirement of having less than 18 months of incurred cost inventory, it may now resume providing full audit support for non-defense agencies. More at Crowell & Moring
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Final DFARS Rule Enhances Effectiveness of Independent Research and Development

A final rule published in the Federal Register amends the Defense Federal Acquisition Regulation Supplement to improve the effectiveness of independent research and development investments by the defense industrial base, by requiring contractors to engage in technical interchanges with DoD before costs are generated. The rule also requires the results of these exchanges to be […]
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BOS Contractors Beware: Did the Contracting Officer Order the Work?

In base operating support (BOS) services contracts, end users and Contracting Officer’s Representatives can call in maintenance requests for the BOSS contractor to perform.  When these requests are within the scope of the contract, the contractor can usually proceed with the work.  However, if the request exceeds the scope of the contract, the contractor needs […]
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Proposed DoD Rule on Protection of Unclassified Technical Data Would “Disqualify” Contractors with Export...

The Department of Defense recently issued a proposed rule that would amend the DFARS to establish policy, assign responsibilities, and prescribe procedures for the dissemination and withholding of certain unclassified technical data and technology subject to the ITAR and EAR. Although DoD states this rule does not modify or supplant the ITAR or the EAR, […]
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Iran on Your Mind? The FAR Should Be, Too.

As the U.S. and EU scale back economic sanctions on Iran, companies considering doing business with the country should consider some potential challenges, particularly those also doing business with the federal government. Until federal regulations are updated, contractors are apparently required to certify their compliance with some sanctions that have been lifted.   More at […]
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GAO: No “Public Posting” Of Solicitation In Closed Government Office

In a recent decision, the Government Accountability Office affirmed the principle that agencies must take steps to ensure maximum competition, even when the dollar value of a simplified acquisition is below the threshold for posting the requirement on FedBizOpps. In this case, the agency placed the solicitation in a binder at the reception desk of […]
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DoD’s Proposed Rule Change to Weighted Guidelines May Lead to Lower Fee Scores on...

A recent proposed rule would amend the DFARS to provide a more transparent means of documenting the impact of costs incurred during the undefinitized period of an undefinitized contract action on allowable profit. In essence, the Department of Defense wants to separate the cost incurred during the undefinitized period from the projected costs to completion. […]
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Should I File a Claim or an REA on my Government Contract?

Contractors owed additional time or money under a federal contract must decide whether filing a claim or requesting an equitable adjustment is the right method for pursuing their costs. There are pros and cons to both approaches and the circumstances—and therefore the right answer—with change from contract to contract, but making the right decision could […]
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