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PNWC’s Government Contracting Update - page 50

Don’t Expect Any New Regulations to be Published for Awhile | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

Yesterday, we reported the President’s goal of reducing regulations by 75 percent. That, or course, is a very ambitious goal and whether he can roll back the number of pages of regulations to the early 1970s level is questionable but a very worthy goal.

Source: PNWC’s Government Contracting Update: Don’t Expect Any New Regulations to be Published for Awhile

New Administration Wants to Significant Reduce the Number of Regulations | PNWC’s Government Contracting Update

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President Trump told business leaders yesterday that he wanted to cut regulations by 75% or more. That would be a good start and take us back to the early 1970s in terms of number of pages of regulations. Currently, the Code of Federal Regulations (CFRs) is about 180,000 pages (or about as high as the Washington Monument).

Source: PNWC’s Government Contracting Update: New Administration Wants to Significant Reduce the Number of Regulations

Navy’s Cost Realism Analysis Was Flawed | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

Target Media bid on a Navy SEAPORT-e solicitation to provide engineering and professional services in support of ship maintenance systems information technology. Target didn’t receive the award and challenged the Navy’s award to Imagine One. Among other challenges, Target Media argued that the Navy conducted an unreasonable cost realism analysis.

Source: PNWC’s Government Contracting Update: Navy’s Cost Realism Analysis Was Flawed

DOE Funded Pension Plans – CAS vs ERISA | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

The Department of Energy (DOE) has oversight responsibility with respect to defined benefit pension plans sponsored by  DOE contractors under M&O contracts (management and operating contracts) and other facility management contracts (FMCs) where the work was once performed under M&O contracts. These contracts are characterized by successor contractors being required to employ all or part of the former contractor’s workforce and to assume sponsorship of the employee defined benefit pension plan.

Source: PNWC’s Government Contracting Update: DOE Funded Pension Plans – CAS vs ERISA

Proposed FAR Rules Regarding Sustainable Acquisition : PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

The FAR Councils issued a proposed rule to amend the Federal Acquisition Regulation(FAR) to implement one of the President’s executive order; Planning for Federal Sustainability in the Next Decade. This proposed rule promotes the acquisition of sustainable products, services, and construction methods in order to reduce energy and water consumption, reliance on natural resources, and enhance pollution prevention within the Federal Government.

Source: PNWC’s Government Contracting Update: Proposed FAR Rules Regarding Sustainable Acquisition

Government Need Valid Reason for Cancelling a Solicitation : PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

Back in July 2016, the Department of Veterans Affairs (VA) issued a solicitation for laundry services in the Los Angeles area. After the closing date for receipt of quotations, the VA reopened the solicitation on September 1, 2016 to increase the maximum award amount from $2.5 million to $10 million. A month later the VA cancelled the solicitation and at the same time, extended the existing contract with the incumbent contractor, Railroad Cleaners.

Source: PNWC’s Government Contracting Update: Government Need Valid Reason for Cancelling a Solicitation

Indictment in Another “Rent-A-Vet” Scheme | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

The owner of a Kansas City construction company and a co-conspirator (the veteran) were indicted last Friday by a Federal grand jury for their roles in a “rent-a-vet” scheme to obtain nearly $14 million in federal contracts.The Department of Justice announced the indictment in a press release last Friday.

Source: PNWC’s Government Contracting Update: Indictment in Another “Rent-A-Vet” Scheme

Prohibition on Confidentiality Agreements related to Fraud, Waste, and Abuse | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

The FAR Councils published a final rule last week that prohibits contracting with any company that requires employees (or subcontractors) to sign internal confidentiality agreements that restrict such employees (or subcontractors) from lawfully reporting waste, fraud, or abuse to a designated Government representative authorized to receive such information. This restriction on contracting applies to grants and cooperative agreements as well.

Source: PNWC’s Government Contracting Update: Prohibition on Confidentiality Agreements related to Fraud, Waste, and Abuse

Cost Relating to Congressional Investigations May Be Unallowable | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

The rules governing allowability of legal costs when a contractor has been charged with some form of wrongdoing is fairly well established. Generally, if the case is resolved by something other than complete vindication, the associated legal (and other related) costs will probably be questionable. FAR 31.205-47 describes it this way.

Source: PNWC’s Government Contracting Update: Cost Relating to Congressional Investigations May Be Unallowable

Third Senator in Three Months Publishes Book on Government Waste | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

It seems like U.S. Senators are competing to see who can identify the most wasteful Government spending. Last November, Oklahoma Sen. Lankford issued his second annual edition of Federal Fumbles wherein he chronicles 100 examples of wasteful, or at least questionable federal spending. Then last month, Arizona Sen John McCain issued a similar publication entitled America’s Most Wasted – Time to Arrest America’s Out-of-Control Spending. Now, Arizona Sen Jeff Flake has published his own listing of 50 examples (worth more than $5 billion) in wasteful Government spending. This latest publication is entitled PORKemon Go, named after the popular mobile app Pokemon Go. Three exposes in three months is a lot of waste.

Source: PNWC’s Government Contracting Update: Third Senator in Three Months Publishes Book on Government Waste

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