Government Contracts Monitor

New Rule Requires Contractors to Report Executive Compensation and Subcontractor Information

Effective July 8, 2010, a new interim rule requires contractors to report information about subcontract awards and the names and – of particular note – the salaries of the 5 highest-paid prime and subcontractor executives. The subcontract award information will be made publicly available at USASpending.gov, and the contractor executive compensation information will be posted to the Central Contractor Registration (CCR) website. 

Government Finalizes Rule Requiring Posting of Sole Source Justifications

As we reported previously, the Government must use “full and open competition” when it purchases goods or services unless one of seven primary exceptions is met.  When the Government decides to limit competition by using one of these exceptions, it must prepare a “Justification and Approval” (J&A) explaining its rationale.

Bid Protests @ the Court of Federal Claims: The Judges’ Take

On June 15, 2010 a panel of judges from the U.S. Court of Federal Claims (CoFC) shared insights into bid protest litigation at the court. The CoFC is one forum in which a disappointed bidder can protest the award of a federal procurement contract.

Congressional Investigations: Responding to Congressional Information Requests

Receipt of a congressional subpoena is a scary moment for any company. In recent years, government contractors have come under congressional scrutiny not faced by commercial contractors.

Navy Announces Proposed Preferred Supplier Program

This October, the Navy plans to introduce a “Preferred Supplier Program” to reward contractors that have exhibited “exemplary performance” in the areas of cost, schedule, performance, quality, and business relations. Preferred Supplier Status (PSS) will provide contractors with better cash flow, profit, and contract terms. Importantly, PSS only impacts contract performance and will not be a factor in source selection.

New Regulation Requires Contractors to Post Labor Rights Notices

On June 21, 2010, federal agencies will begin using contract clauses requiring contractors to post new workplace notices informing employees of their rights under federal labor laws. The Department of Labor’s recent final rule implements Executive Order 13496, which President Obama issued soon after taking office.  

IT Industry Focus: Congress Will Look to Private Sector to Enhance Cybersecurity

Cybersecurity threats pose some of the most important challenges facing the United States today.  However, unlike other types of critical infrastructure, cyberspace cannot be protected by the government alone.

JK Attorney Publishes Article about Federal R&D Funding

Jackson Kelly attorney and blog contributor Eric Whytsell recently wrote an article appearing in the spring issue of Capacity magazine about federal R&D funding opportunities. In the article, Whytsell says, "despite the recently proposed spending ‘freeze,' the government will continue to make substantial R&D money available for the foreseeable future – through both contracts and grants." To read the full article see Federal R&D funding: it's out there - go get it!.

DoD Proposes Tightening Organizational Conflict of Interest (OCI) Rules

The Department of Defense (DoD) is proposing to amend its procurement regulations to “provide uniform guidance” and to “tighten existing requirements” for organizational conflicts of interest (OCI) in DOD contracts. Although the new rule implements § 207 of the Weapons Systems Acquisition Reform Act of 2009 (WSARA) (see our June 2009 post), it would apply to all non-COTS DOD contracts.

Congress Considers Reforming DoD Services and IT Acquisition [UPDATED]

Legislation was introduced in the U.S. House of Representatives last week that would significantly change the way the Department of Defense purchases services and information technology. The bill’s focus reflects the new reality that services and IT now constitute the vast majority of what DoD buys.