Saturday, December 5, 2020

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DoD Proposes to Update Grant and Cooperative Agreement Regulations

The Department of Defense’s new proposed rules will update, standardize, and clarify the DoD Grant and Agreement Regulations for both DoD administrators and award recipients. Because the proposed rules seek the inclusion of standard terms and conditions in DoD grants and cooperative agreements, in addition to defining certain key acquisition terms, they could potentially impact […]
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DOD Plans to Adjust Offerors’ Prices to Account for Independent Research & Development Efforts

A new proposed rule would amend the DFARS to require Department of Defense contracting officers to adjust offerors’ proposed prices and estimated costs when their proposals rely on the fruits of their independent research & development efforts. The proposed adjustment would be based on the amount that such future IR&D investments reduce the price of […]
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Boards of Contract Appeals Will Prod Contracting Officers to Issue Final Decisions

In a recent decision, the Armed Services Board of Contract Appeals signaled its willingness to compel contracting officers to issue a final decision on a pending certified claim when the contractor has waited an unreasonable amount of time for a determination. In Volmar Construction Inc., ASBCA concluded the agency did not justify the 10-month lag […]
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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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