Here is a rundown of last week’s top developments related to government contracts to get you back on track and ready for Monday.
1. ACCESS TO SOLICITATION DOCUMENTS = CONFLICT OF INTEREST
The Court of Federal Claims upheld the VA’s decision to cancel a contract award, agreeing that the contractor’s access to solicitation documents created the appearance of a conflict of interest.
2. OIG CONSIDERS LAB FEE WAIVERS TO BE KICKBACKS!
The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently posted an Advisory Opinion 15-04 , which opined that laboratory waivers for certain patients referred by physician practices could generate prohibited remuneration under the Anti-Kickback Statute.
3. INTRODUCTION OF DOD ACQUISITION REFORM BILL
On March 25, Rep. Mac Thornberry and Rep. Adam Smith jointly introduced H.R. 1597, a bill aimed at reforming the DOD’s broken acquisition system.
4. NEW BILL TO ENSURE SMALL BUSINESS COMPETITION FOR GOV. CONTRACTS
On March 25, the Small Business Committee passed legislation introduced by Chairman Steve Chabot (R-OH) to ensure more small businesses can compete for federal contracts.
5. ADVANCED NOTICE OF PROPOSED RULE MAKING, BUY AMERICAN ACT
DOD, GSA, and NASA are considering amending the FAR to update the list of domestically nonavailable articles under the BAA, and are seeking information that will assist in identifying domestic capabilities and evaluating whether some articles on the list of domestically nonavailable articles are produced in the United States in sufficient and reasonably available commercial quantities, and of a satisfactory quality.
6. DFAR SUPPLEMENT: USE OF MILITARY CONSTRUCTION FUNDS
DOD is issuing an interim rule amending the DFARS to implement sections of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, which requires offerors bidding on DOD contracts to provide opportunities for competition to American steel producers, fabricators, and manufacturers; and restricting the use of military construction funds in certain foreign countries.