Topic Archives: Compliance

Compliance

Hurricanes, Floods, Tornadoes, and Power Loss: What’s A Government Contractor To Do? Act Now Under Your Contract, While You Fix the Roof

This article has been republished in Law360. The aftermath of a hurricane is a difficult time for many in the affected areas, and government contractors are no exception.  Hurricanes Harvey and Irma caused terrible damage in Texas and Florida, claiming lives and extensively damaging property.  The costs of these hurricanes are staggering.  Recovery will be ...›

Compliance
June 12, 2017Compliance, Protests & Litigation

O Ye of Little Faith: Breaching the Duty of Good Faith and Fair Dealing While Complying with the Express Terms of a Government Contract

In contracts – and especially in government contracts, where one is expected to “turn square corners” – we often analyze breach of contract in light of the jots and tittles of a contract’s express terms.  And, in bringing a Contract Disputes Act (CDA) claim against the Government based upon an alleged breach, one’s focus usually ...›

Compliance

Contracting (or Subcontracting) with DLA? Check for Counterfeit Parts Clauses

In the past several years, there has been an ongoing focus on avoiding and detecting counterfeit parts, culminating in the issuance of new DFARS sections and contract clauses in May 2014 concerning Contractors’ Counterfeit Electronic Part Detection and Avoidance Systems.  Although the DFARS clause focuses on electronic parts, any company contracting or subcontracting with the ...›

Compliance
May 17, 2017Compliance, Grants

OMB Gives Grant and Cooperative Agreement Recipients Additional Time to Comply With New Procurement Requirements Mandated by “Super Circular”

The Office of Management and Budget (“OMB”) announced earlier this week that it is giving universities, nonprofits, state and local governments, and other “non-Federal entities” an additional year to comply with the new procurement standards that were part of the extensive changes to administrative processes, cost accounting, and audit requirements set in motion by OMB’s December ...›

Compliance
May 11, 2017Compliance, Schedule Contracting

Risky Business — Intracompany Transfers at Price v. Cost

The FAR cost principles and their DAR and ASPR predecessors have long provided that “materials, supplies, and services” can be transferred between “divisions, subdivisions, subsidiaries, or affiliates of the contractor” at a “price,” rather than at the transferring entity’s cost, only when (i) it is the transferor’s established practice to make such transfers at price for the ...›

Compliance
March 27, 2017Compliance, Resources

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services.  It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government. ...›

Litigation
March 23, 2017Compliance, Protests & Litigation

CBCA Affirms It Cannot Direct an Agency to Revise a CPAR

The Civilian Board of Contract Appeals (CBCA) recently affirmed that it would follow the Court of Federal Claims (COFC) and Armed Services Board of Contract Appeals (ASBCA) in refusing to direct an agency to revise a Contract Performance Assessment Report (CPAR). Compucraft, Inc. v. General Services Administration, CBCA 5516, 17-1 BCA ¶ _______. This decision ...›

Compliance
February 28, 2017Compliance

Enforcing the Regulatory Reform Agenda: Bureaucracy Designed to End Bureaucracy

On February 24, 2017, President Trump issued an Executive Order–“Enforcing the Regulatory Reform Agenda–that creates mechanisms designed to reduce bureaucracy.  The Order, which advances the president’s campaign agenda of diminishing regulatory burdens, requires the head of each federal executive agency to designate a Regulatory Reform Officer (RRO) and to establish a “Regulatory Reform Task Force.”  ...›