Thursday, October 22, 2020

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What Goes Around Comes Around: OFPP Makes Efforts to Institutionalize Category Management

The Office of Federal Procurement Policy’s continued effort to institutionalize category management principles in federal contracting could affect the number of opportunities available to federal contractors and the relative size of those contracts. In a draft of a new Office of Management and Budget Circular, OFPP proposes requiring agencies to use category management principles and […]
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Claim Certification Submitted During Appeal Insufficient Cure to Lack of Certified Claim, ASBCA No....

Government’s motion to dismiss appellant’s claim for lack of jurisdiction is granted, where the vendor could not demonstrate it submitted a properly certified claim to the contracting officer, and where a certification submitted to the Armed Services Board of Contract Appeals and the agency during an appeal is an insufficient cure. Suzan Company sought payment […]
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75 Percent of Organizations Lack Skilled Cybersecurity Experts

Only 25 percent of organizations surveyed by Tripwire said they were confident they have the right number of skilled cybersecurity experts needed to detect and respond to a serious breach. Some 66 percent of respondents said their organizations were under increased threat due to a lack of skilled cyber professionals, and 72 percent described challenges […]
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Eye on Affiliation: Joint Venture Partner Not Small Due to Economic Dependence

A recent decision from the Small Business Administration Office of Hearings and Appeals highlights the importance of knowing SBA’s affiliation rules and choosing the right teaming partner. In this protest, SBA found one member of a joint venture wasn’t an eligible small business, which rendered the JV ineligible for a small business set-aside the JV […]
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Former United States Navy Contractor Sentenced On False Statement Charges

A former Navy contractor has been sentenced for prison for making false statements to the government in connection with payments to subcontractors on his contract to renovate warehouses at a Navy facility. According to the charges, Andrew Persaud, president and corporate diretor of construction firm Persaud Companies Inc., submitted invoices to the Navy for progress […]
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GAO: “Brand Name Only” Restrictions Must Be Justified

In a recent decision, the Government Accountability Office affirmed the principle holding that agencies must have a solid justification for limiting competition to brand name-only products. On occasion, an agency might have a good reason to limit a solicitation to only brand name items, but in general agencies are prohibited from soliciting quotations based on […]
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FAR Council Finalizes Rule Imposing Restrictions On Contracting With Companies With Felony Convictions And...

Public comments on the FAR Council’s interim rule restricting contracting with corporations that have federal tax liabilities or a recent federal felony conviction highlight some of the challenges presented by the final rule. For example, in response to questions about the interim rule, the FAR Council explained the rule applies to any corporation, including pass-through […]
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Proposed DFARS Rule Would Recognize Contractors Who Timely Support Definitization of UCA

The Department of Defense is proposing to amend the Defense Federal Acquisition Regulation Supplement 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, and to recognize when contractors demonstrate efficient management and internal cost control systems through the submittal […]
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Proposed DFARS Rule Would Strengthen Accountability for Government-Furnished Property

The Department of Defense is proposing to amend the Defense Federal Acquisition Regulation Supplement to expand the prescription for use of the FAR government property clause. Specifically, the rule would amend DFARS 245.107 to strengthen the management and accountability of government-furnished property. DoD has identified a gap in the current process that hinders full implementation […]
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DFARS Final Rule Requires Contractor Reporting of Network Penetrations, Amends Definitions of Covered Defense...

The Department of Defense has published a final rule amending the Defense Federal Acquisition Regulation Supplement to require contractor reporting on network penetrations and to implement DoD policy on the purchase of cloud computing software. In a change from the interim rule, the definition of covered defense information is amended to clarify that the information […]
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