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The Civilian Agency Acquisition and Defense Acquisition Regulations Councils have issued Federal Acquisition Circular 2005-44, which contains one rule amending the Federal Acquisition Regulation. The rule addresses reporting executive compensation and first-tier subcontract awards. This interim rule is effective July 8, 2010. Comments on the rule, identified by FAR Case 2008-039, are due by...
A grant of summary judgment on a government counterclaim for liquidated damages was affirmed by the Court of Appeals for the Federal Circuit because the contractor's defense was a contract modification claim that did not meet the Contract Disputes Act's jurisdictional requirements. After the contractor failed to timely perform roof and window replacement work, the government assessed LDs and...
According to the Court of Appeals for the District of Columbia Circuit, False Claims Act claims added by the government when it intervened in a qui tam action were barred by the FCA's statute of limitations because the claims did not relate back to the relator's original complaint. The relator, an officer of a construction company that was a partner in several joint ventures, alleged the joint...
The government's request to modify a Government Accountability Office corrective action recommendation was denied because the government failed to demonstrate the recommendation was not reasonable. After sustaining a protest of the establishment of a blanket purchase agreement involving software and related services, the Comptroller General recommended the government implement corrective...
Navy Awards Estimated $5.3 Billion in Services Contracts. The Navy is awarding indefinite-delivery/indefinite-quantity multiple-award contracts to 556 contractors that will compete for service requirements solicited by Naval Sea Systems Command, Naval Air Systems Command, Space and Naval Warfare Systems Command, Naval Supply Systems Command, Military Sealift Command, Naval...
The Civilian Agency Acquisition and Defense Acquisition Regulations Councils have published Federal Acquisition Circular 2005-43, which contains three final and two interim rules amending the Federal Acquisition Regulation. In order of appearance, the rules address the following subjects: Item I, Government Property (FAR Case 2008-011); Item II, Registry of Disaster Response Contractors (FAR...
A claim seeking to recover the value of stolen satellite cell phone services was denied by the Armed Services Board of Contract Appeals because the services were stolen from the contractor, not the government. The dispute arose from a contract to provide service for five government-owned satellite cell phones. After an investigation revealed the phone number for one of the phones was cloned...
The government's proposed corrective action to provide the awardee with an additional opportunity to address its organizational conflict of interest mitigation plan was proper because it was consistent with FAR 9.504(e) and did not constitute unequal discussions with only one offeror. After sustaining a protest of the original contract award, the Government Accountability Office recommended...
The Department of Energy has issued a proposed rule that would amend the DOE Acquisition Regulation to remove its contract appeals regulation and out-of-date coverage, conform to the Federal Acquisition Regulation, and update references. Specifically, the proposed rule updates the DEAR to reflect the Civilian Board of Contract Appeals provisions of Section 847 of the National Defense...
The Bureau of Industry and Security has issued a proposed rule that would amend the Export Administration Regulations by adding passive infrasound sensors, Export Control Classification Number 6A981, to the Commerce Control List (Supplement No. 1 to EAR Part 774), Category 6 (Sensors and Lasers). Items under this new ECCN would be controlled for regional stability, anti-terrorism reasons, and...