Government Contracts Monitor

Even in the Face of "Unusual and Compelling Urgency," Agencies Must Maximize Competition to the Extent Possible

The government must use “full and open competition” when it purchases goods or services unless one of seven primary exceptions is met. A recent Government Accountability Office (GAO) decision serves as a reminder that such exceptions do not necessarily mean competition can be abandoned altogether.

Recovery Act’s New FAR Clauses Add Complexity to Buy American Compliance for Construction Firms

On March 31, 2009, the Federal Acquisition Regulation (FAR) Councils unveiled interim “Buy American” regulations and FAR clauses applicable to construction projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA/Recovery Act).

New Regulations Control Procurement of Stimulus Funds Immediately

On March 31, 2009, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (“Councils”) agreed on and implemented interim rules, effective March 31, 2009, amending the Federal Acquisition Regulation (“FAR”) in response to the American Recovery and Reinvestment Act (“ARRA” or “Stimulus Bill”).

In Wake of Stimulus, Federal Government Struggles to Improve Grants Website

Grants.gov – the central portal for federal grant opportunities – may not be able to keep up with the unprecedented volume of grants expected to be awarded under the American Recovery and Reinvestment Act of 2009 (ARRA).

Stimulus Oversight Officials Named, Expect to Find Fraud

Earl Devaney, a former Massachusetts police officer, Secret Service agent, and current Department of Interior Inspector General, was tapped to head the Recovery Accountability and Transparency Board, which will oversee the use of over $750 billion in funds allocated by the American Recovery and Reinvestment Act of 2009 (the Stimulus).

Oversight Panel Turns to Public For Suggestions

Congress has turned directly to the public to solicit advice on reforms to the federal contracting system. Senator Claire McCaskill, chair of the newly formed Homeland Security and Governmental Affairs Subcommittee on Contracting Oversight, announced the creation of an on-line discussion forum for members of the public to submit comments on government contracting reforms.

New Whistleblower Protections for Employees of Government Contractors and State and Local Governments

The economic stimulus bill that was passed by Congress on February 12, 2009 (the American Recovery and Reinvestment Act of 2009, “ARRA”) includes new whistleblower protections introduced by Sen. Clair McCaskill (D-MO) to prevent fraud in the use of stimulus funds (“McCaskill Amendment”).  

What the Stimulus Law Doesn't Say

The American Recovery and Reinvestment Act ("ARRA") that President Obama signed on Tuesday, February 17, 2009 sets lofty goals for preventing fraud, waste, and abuse in the award of contracts using stimulus funds, but not all of the stimulus’ legal implications for procurement are crystal clear. 

Stimulus' Buy American Provision Raises Compliance Challenges for Contractors

The much-criticized "Buy American" provision of the $700 billion+ American Recovery and Reinvestment Act (ARRA) imposes domestic-sourcing requirements that may appear familiar to consturction companies currently holding government contracts.

American Recovery and Reinvestment Act

As all Americans know, President Obama signed the American Recovery and Reinvestment Act ("ARRA") into law on February 17, 2009.  This legislation undoubtedly offers an excellent opportunity for government contractors.