Monthly archive

August 2017 - page 3

Terminations for Convenience and Bad Faith by the Government | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

Did you know that the Government can terminate your contract at any time for any reason? Well, so long as there is no bad faith or a clear abuse of discretion that is. Every Government contract has a termination for convenience clause. These clauses are found at FAR 52.249-1 through -10, depending upon the type of contract. Although these clauses are not mandatory flow down clauses for subcontractors, prime contractors would be taking undue risk if they don’t flow them down to their subcontractors  – if the Government terminates the prime, the prime will certainly need to do the same to its subcontractors.

Source: PNWC’s Government Contracting Update: Terminations for Convenience and Bad Faith by the Government

An analysis of the 2018 NDAA – FederalNewsRadio.com

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This week on “Off the Shelf”, Jon Etherton, president of Etherton and Associates, Inc., analyzes the House’s proposed 2018 National Defense Authorization Act (NDAA) focusing the key procurement provisions and their potential impact on DoD and industry.

Source: An analysis of the 2018 NDAA – FederalNewsRadio.com

Risks Posed by Third Party Vendors Increasingly a Challenge for Businesses – Government Contracts Legal Forum

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This week it was reported that Indian police arrested four people accused of leaking a pre-release episode of the blockbuster HBO show, “Game of Thrones.”  The leak is supposedly the result of employees from a Mumbai-based company that stores and processes the series for the Indian streaming website Hotstar.

Source: Risks Posed by Third Party Vendors Increasingly a Challenge for Businesses – Government Contracts Legal Forum

Alliant 2 and other billion-dollar contracts worth watching this fall | Lohfeld

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Last week, Lisa Pafe and Beth Wingate sat down with Federal News Radio’s Jason Miller to discuss the latest updates on Alliant 2 (GSA requested bidders extend their offers through Dec. 31) and bids we’re tracking for FY17/FY18.

Source: Alliant 2 and other billion-dollar contracts worth watching this fall | Lohfeld

Joe Jordan: Agencies turn to end-of-year reverse auctions – FederalNewsRadio.com

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FederalNewsRadio.com

The annual end-of-year buying rush might be a bit more pronounced than usual this year. Budget uncertainty is running higher than ever. One technique lots of agencies use near the end of a fiscal year is reverse auctions. Joe Jordan, former federal procurement policy executive and now CEO of FedBid, gives Federal Drive with Tom Temin a status update.

Source: Joe Jordan: Agencies turn to end-of-year reverse auctions – FederalNewsRadio.com

Caution Regarding Substitutions for Contracted Skill Levels | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

T&M (Time and Material) contracts are common Government contract types. These contracts are usually issued when the Government cannot realistically estimate the requirements or the requirements cannot be known at the time of award. Firefighting is a good example. The Government wants to have forest/brush fire fighting capability under contract but the requirements depend on the number of forest fires which cannot be reasonably or accurately forecast.

Source: PNWC’s Government Contracting Update: Caution Regarding Substitutions for Contracted Skill Levels

No Ostensible Subcontractor Protests At GAO – SmallGovCon

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Ostensible subcontractor affiliation cannot be protested at GAO because the SBA has exclusive jurisdiction over ostensible subcontractor affiliation challenges.

Source: No Ostensible Subcontractor Protests At GAO – SmallGovCon

Winners & losers in the president’s budget – FederalNewsRadio.com

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This week on “Off the Shelf”, Ray Bjorklund, president of BirchGrove Consulting, analyzes President Donald Trump’s budget and what it means for the business of government.

Source: Winners & losers in the president’s budget – FederalNewsRadio.com

More on Setting Up Internal Controls Over Company-Issued Purchase Cards | PNWC’s Government Contracting Update

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PNWC's Government Contracting Update

Internal controls over company-issued purchase cards should be of paramount concern to Government contractors. Regular readers of this blog will recall several reports where the cost of improper purchases using company-issued purchase cards were passed along to the Government and fraud charges resulted. Its serious enough when employees defraud their employer but when those charges pass through to a Government contract, things get much more serious. A contractor cannot just let those involved slip quietly off into the night. There will be consequences for both the individual(s) and the contractor.

Source: PNWC’s Government Contracting Update: More on Setting Up Internal Controls Over Company-Issued Purchase Cards

Transactional data reporting, NDAA & more – FederalNewsRadio.com

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FederalNewsRadio.com

This week on “Off the Shelf”, Jonathan Aronie, Partner at Sheppard Mullin LLP, provides the latest update regarding the GSA Schedules program’s transactional data reporting (TDR) requirements.  Jonathan shares insights regarding GSA’s apparent move to optional TDR, as well as providing timely observations on how GSA contracting officers are using TDR and horizontal price comparisons to drive lower prices regardless of terms and conditions.

Source: Transactional data reporting, NDAA & more – FederalNewsRadio.com

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