Tag Archives: contractor

DOD Audits Identify Evaluation Errors, Shows Need For Proactive Contractor Diligence

On May 9, the Department of Defense Inspector General (“DoD IG”) released Audit Report No. DODIG-2017-081, Summary of Audits on Assessing Contractor Performance: Additional Guidance and System Enhancements Needed (the “Audit Report”). The audit identified weaknesses within the DoD’s contracting officials’ preparation of contractor Performance Assessment Reports (“PARs”) and potential improvements to the Contractor Performance … Continue Reading

Competition for the MASes…May Result in Messes

This post was also written by Joelle E.K. Laszlo. Full and open competition is a bedrock principle in federal contracting, so government initiatives to expand competition, like the interim rule on multiple-award schedule (“MAS”) contracts that took effect this summer, should come as no surprise. But competition breeds a lot of different things, and enhanced … Continue Reading

Those Seeking Dirty Laundry will be Disappointed – New Government Rules on Contractor Information Subject to Public Disclosure

This post was written by Steven D. Tibbets and Lorraine M. Campos. There is a long history of federal court cases distinguishing which items of information that contractors disclose to the Government may be obtained by the public and which items may not. Currently, there is much debate regarding how well the relatively new Federal … Continue Reading

Sound and Fury: The Effectiveness, or Lack Thereof, of the Foreign Contractor Tax

This post was also written by Steven D. Tibbets. In early 2011, Congress passed the James Zadroga 9/11 Health and Compensation Act of 2010 (“9/11 Act”). A last-minute amendment to the statute imposed a two-percent excise tax on foreign contractors to fund health benefits for 9/11 emergency responders. The tax has been much remarked-upon, but we … Continue Reading

No Contractor Left Behind: The Proposed Standardization of Contractor Past-Performance Evaluations

A proposed rule issued by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration on June 28, 2011 proposes to amend the Federal Acquisition Regulation (“FAR”) to provide a single set of standards for contract officers reviewing contractor past performance. In 2010, agencies were required to transition their various … Continue Reading

More than a Pass-Through?: DCAA to Evaluate whether Contractors and Subcontractors “Add Value”

This post was written by Stephanie E. Giese. Contractors for the U.S. Department of Defense, as well as the civilian agencies should expect to start seeing the Defense Contract Audit Agency (“DCAA”) recommend disallowance of certain contract costs on grounds that a contractor or subcontractor fails to “add value” when it subcontracts out more than … Continue Reading

FAPIIS Flap-is: Transparency Advocates Hate It Now, Contractors Likely to Hate It Later

This post was also written by Joelle E.K. Laszlo. It has been called “a steaming pile,” posited as “the worst government website . . . ever seen,” and emblazoned with two giant red thumbs pointed downward. And those were the reviews of its proponents. Just a handful of weeks after much of its content it became … Continue Reading

Hey, Government Contractor: Don’t Fret About the Next Federal Budget Stumbling Block; Prepare For It

This post was written by Lorraine M. Campos and Joelle E.K. Laszlo. When prevention of an event is impossible, preparation is the best defense. This is certainly the case for federal contractors facing an impending Government shutdown. By the time this ‘blog entry is posted, the likelihood of such a shutdown should be clearer, as … Continue Reading