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United States Department of Commerce
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Lyons Security, Complaint for Declaratory and Injunctive Relief Civil Action No. 02-1548 (JR), D.D.C, Filed August 7, 2002. Lyons challenges a debarment by the State Department over State's allegations that Lyons fabricated documents submitted in a bid protest to the GAO. Interesting case and another good example of the use of hyperlinks in a filing from Cy Phillips.
Office of Federal Procurement Policy; Determination of Executive Compensation Benchmark Amount Pursuant to Section 808 of Public Law 105-85; Notice, 67 FR 30463, May 6, 2002. OFPP establishes Executive Compensation at $387,783.
Commercial Activites Panel Final Report Released. May 01, 2002. The report and a separate summary are available from the GAO website at :http://www.gao.gov/a76panel/index.html The report is a large 4MB file. Hard copies are available by calling 202-512-6000, and asking for CAP-02-01.
GAO, Bid Protest Regulations, Advance Notice of Proposed Rulemaking, 67 FR 8485, February 25, 2002.
SUMMARY The General Accounting Office (GAO) is reviewing, and will be
revising, its Bid Protest Regulations, promulgated in accordance with
the Competition in Contracting Act of 1984. GAO last revised Part 21 in
1996, and believes that developments since that time warrant updating
the Regulations to reflect current practice. In connection with this
effort, GAO also is soliciting comments on how its Regulations should
be revised to improve the overall efficiency and effectiveness of the
bid protest process at GAO.
DATES: Comments must be submitted on or before April 1, 2002.
CDA Interest Calculator, Attached is an Excel spreadsheet from Douglas Kornreich, US Corps of Engineers, to calculate CDA Interest. You put the balance under "settlement amount" and then type in the starting date, and each 6 month period thereafter to the ending date. It automatically does the lookup in the interest rate table. Note that you need to keep updating the rates . . . The rate that was set as of 1/1/01, is not yet included.
Confidentiality in Federal Alternative Dispute Resolution Programs 65 FR 83085, December 29, 2000. Department of Justice. Guidance from the Federal Alternative Resolution Council.
SUMMARY: This notice publishes a document entitled "Confidentiality in
Federal Alternative Dispute Resolution Programs", which provides
guidance to assist Federal agencies in developing ADR programs. The
document was created by a subcommittee of the Federal ADR Steering
Committee, a group of subject matter experts from federal agencies with
ADR programs. It was approved by the Federal ADR Council, a group of
high-level government officials chaired by the Attorney General. The
document contains detailed guidance on the nature and limits of
confidentiality in Federal ADR programs and also includes guidelines
for a statement on these issues that Federal neutrals may use in ADR
proceedings. PDF Version
EPA Policy on Alternative Dispute Resolution, 65 FR 81858, December 27, 2000.
SUMMARY: This document publishes the final policy of the United States
Environmental Protection Agency (EPA) regarding the use of alternative
dispute resolution ("ADR"). A draft of this policy was published in
the Federal Register (65 FR 59837) on October 6, 2000, for public
comment. The public comment period closed on December 5, 2000, and no
comments were received. Therefore, EPA is republishing this policy as a
final policy. Nothing in this document creates any right or benefit by
a party against the United States.
Revision of OMB Circular No. A-130, Transmittal No. 4., 65 FR 76777, December 12, 2000. Management of Federal Information Resources PDF Version See complied revised Circular and Appendices at http://cio.gov/docs/Documents.htm#omb
GAO Report-Not Following Procedures Undermines Best Pricing Under GSA's Schedule
GAO-01-125, November 28, 2000. GAO reviews DOD's ordering under FSS contracts.
Federal Acquisition Regulation; Reverse Auctioning; Notice, 65 FR 65231, October 31, 2000.
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (the Councils) are considering whether
there is a need at this time for guidance on the use of reverse auction
techniques and, if so, how it can be most effectively communicated
(e.g., through the Federal Acquisition Regulation, best practice
guides, agency instructions, or training). The Councils request that
interested parties provide comments.
DATES: Interested parties should submit comments to the FAR Secretariat
at the address shown below on or before January 2, 2001.
On March 27, 2000, the FAA Administrator granted a new delegaton to Office of Dispute Resolution for Acquisition ("ODRA") for final decisions of the agency with respect to bid protest and contract disputes.
OFPP Rescind Various Policy Letters. 65 FR 16968, March 30, 2000. Rescission of Office of Federal Procurement Policy; Policy
Letters 77-2, 78-2, 78-3, 78-4, 79-1, 79-2, 80-3, 80-6, 80-8, 81-1, 81-
2, 82-1, 83-1, 83-2, 83-3, 84-1, 85-1, 89-1, 91-2, 91-4, 92-5, and 95-1.
SUMMARY: Notice is hereby given that the Office of Federal Procurement
Policy (OFPP) is rescinding the following OFPP Policy Letters: 77-2,
Section 502(c) of Pub. L. 95-89; 78-2, Preventing "Wage Busting" for
Professionals: Procedures for Evaluating Contractor Proposals for
Service Contracts; 78-3, Requests for Disclosure of Contractor-Supplied
Information Obtained in the Course of a Procurement; 78-4, Field
Contract Support Cross-Servicing Program; 79-1, Implementation of
Section 15(k) of the Small Business Act, as amended: Office of Small
and Disadvantaged Business Utilization; 79-2, Boards of Contract
Appeals: Position Allocation Pursuant to Public Law 95-563; 80-3,
Regulatory Guidance on Pub. L. 95-563, the Contract Disputes Act of
1978; 80-6, Regulatory Guidance on Section 221 of Public Law 95-507;
80-8, Establishment of Procurement Data Reporting Requirements to
Comply with Public Law 96-39 (as amended by Transmittal Memoranda Nos.
1, 2, and 3); 81-1, Procurement Procedures, Advance Procurement
Planning, and Review of End-of-Year Purchases; 81-2, Policy Guidance
for the Labor Surplus Area Programs; 82-1, Policy Guidance Concerning
Government-wide Debarment, Suspension, and Ineligibility; 83-1,
Withholding of Funds from Construction Contract Progress Payments; 83-
2, Publicizing the Development of Procurement Policies and Regulations;
83-3, Procurement of Architect-Engineer Services, 84-1, Federally
Funded Research and Development Centers; 85-1, Federal Acquisition
Regulations System; 89-1, Conflict of Interest Policies Applicable to
Consultants; 91-2, Service Contracting; 91-4, Use of Irrevocable
Letters of Credit; 92-5, Past Performance Information; and 95-1,
Subcontracting Plans for Companies Supplying Commercial Items.
Antidumping Duty Order-Vector Supercomputers from Japan. 62 FR 55392, October 24, 1997. The International Trade Administration of the Department of Commerce issues an antidumping order for vector supercomputers shipped to fulfill the requirements of a contract entered into on or after October 16, 1997. As a result of the order, Customs is required to collect a cash deposit ranging from 173.08 percent to 454 percent depending on the manufacturer.
Sales at Less Than Fair Value:Vector Supercomputers from Japan On August 28, 1997 the International Trade Administration of the Department of Commerce Published its August 20, 1997 determination that vector supercomputers from Japan are being sold in the United States at less than fair value. The determination set the margin as follows: Fujitsu Ltd. - 173.08%; NEC Corp. - 454.00%; and all others - 313.54% For entries after April 7, 1987, the Custom Service will require a cash deposit or a bond equal to the estimated amount by which the normal value exceeds the export price. Pdf Version.
The Clause, September 2002 Issue. A quarterly publication of the Board of Contract Appeals Bar Association. See http://www.bcabar.org
AN ASSESSMENT OF TODAY'S FEDERAL PROCUREMENT SYSTEM- REMARKS OF STEPHEN M. DANIELS CHAIRMAN, GENERAL SERVICES BOARD OF CONTRACT APPEALS- OFFICE OF FEDERAL PROCUREMENT POLICY LECTURE SERIES, AUGUST 15, 2002 PDF Version
SIGNIFICANT DEVELOPMENTS IN FEDERAL GRANTS LAW IN THE PAST YEAR, Federal Bar Association Government Contracts Section Grants Committee, National Grants Management Association 23rd Annual Training Conference, Bethesda, Maryland May 2-3, 2002
The Clause, May 2002 Issue. A quarterly publication of the Board of Contract Appeals Bar Association. See http://www.bcabar.org
Commercial Activites Panel Final Report Released. May 01, 2002. The report and a separate summary are available from the GAO website at :http://www.gao.gov/a76panel/index.html The report is a large 4MB file. Hard copies are available by calling 202-512-6000, and asking for CAP-02-01.
The Clause, February 2002 Issue. A quarterly publication of the Board of Contract Appeals Bar Association. See http://www.bcabar.org
BEST PRACTICES
Taking a Strategic Approach Could Improve DODŐs Acquisition of Services GAO Report No. 02-230, January 2002.
Intellectual Property: Navigating Through Commercial Waters October 2001 version of the DOD Guide for the DOD acquisition community of issues and solutions when negotiating intellectual property with commercial companies. If you look at the left side of the page you'll see a button that says "Guidebooks." One click and you're there. The guide sports a new cover design that the team is betting will catch people's eye. DOD is still accumulating comments and will make more substantive changes in the future; that change will be version 2.0. Any comments and suggestions for improvement of this guide should be sent to Karen Sorber , or Lt Col Gregory Redick.
The Clause, November 2001 Issue. A quarterly publication of the Board of Contract Appeals Bar Association. See http://www.bcabar.org
The Clause, June 2001 Issue. A quarterly publication of the Board of Contract Appeals Bar Association. See http://www.bcabar.org
SIGNIFICANT DEVELOPMENTS IN FEDERAL GRANTS LAW IN THE PAST YEAR, Federal Bar Association Government Contracts Section Grants Committee, National Grants Management Association 22nd Annual Training Conference, Bethesda, Maryland May 23-24, 2001
The Clause, March 2001 Issue. A quarterly publication of the Board of Contract Appeals Bar Association. See http://www.bcabar.org
Core Principles for Federal Non-Binding Workplace ADR Programs; Developing Guidance for Binding Arbitration--A Handbook for Federal
Agencies. 65 FR 50005, August 16, 2000
SUMMARY: This notice contains two documents to assist Federal agencies
in developing alternative dispute resolution (ADR) programs: ``Core
Principles for Non-Binding Workplace ADR Programs'' and ``Developing
Guidance for Binding Arbitration--A Handbook for Federal Agencies.''
These documents were created by the Federal ADR Council, a group of
high level government agency officials chaired by the Attorney General.
The documents are based on the combined expertise of ADR specialists in
federal agencies with active ADR programs. The first document describes
ten key elements that are essential in any fair and effective ADR
program. The second document provides information and assistance for
agencies on the use of binding arbitration. PDF Version
Procurement Roundtable 2000 "The Federal Aquisition System: Transistioning to the 21st Century". The December 1999, paper by the Procurement Roundtable(PRT) a non-profit organization. The PRT recommends that Congress enact legislation to direct the Executive Branch to establish a high-level panel, similar to the "Section 800 Panel" of the early 1990s, to identify the specific actions required to implement the recommendations in this paper. (A 140K pdf file.)
The ABA's Public Contract Law Section's position paper on the Scanwell Sunset issue was transmitted to the GAO and relevant Members of Congress on December 29, 1999. The GAO has received an extension until March 15th to submit its report to Congress so the ABA comments are timely. The paper, Comments Regarding U. S. General Accounting Office Study of Concurrent Protest Jurisdiction is available in pdf form here, and at the Section's Bid Protest Committee.
Electronic Guide to Federal Procurement ADR The Inter-Agency Alternative Dispute Resolution Working Group ("IADRWG") was established by Presidential Memorandum last year. The Contract and Procurement Section of the Group, Chaired by Air Force Brigadier General Frank J. Anderson, Jr., is pleased to announce that it has developed, and published on the Internet, a new Electronic Guide to Federal Procurement ADR. The Guide was designed from the outset for electronic publication so as to be readily available to all federal contracting personnel and interested private parties at their desktops. November, 1999
DOD's Draft Guide (pdf) on the use of "Other Transactions" for prototype projects. Under Secretary of Defense Gansler's transmittal letter to CODSIA, September 13, 1999. OT Guide (Word version)
DOD's Past Performance Guide PDF version. A GUIDE TO Collection and Use of PAST PERFORMANCE INFORMATION. See also the Office of the Deputy Under Secretary for Defense for Acquisition Reform
A RESTATEMENT OF BASIC GRANT PRINCIPLES. May 9, 1999. Malcom S. Mason and Paul G. Dembling prepared this Preliminary DISCUSSION ROUGH DRAFT and OUTLINE for distribution for comment to members of the Federal Bar Association Federal Grants Committee. Pdf version
Excellent Example of use of HyperText in a Brief This nonconfidential version of Cy Phillip's brief in an appeal to the CAFC of a COFC decision is an excellent example of the use of HyperText to link to cited cases, statutes and regulations.
Sunset of District Court Bid Protest Jurisdiction February 14, 2000. The FBA's Government Contract Section has issued report on Sunset of District Court Bid Protest Jurisdiction. Joseph J. Petrillo chaired the Working Group which prepared the report. [Note: This is a 92k pdf file which readers may wish to download, rather than read online.]
Speaking The Truth, A timely paper and speech by Judge Eric G. Bruggink of the United States Court of Federal Claims presented at the November 6, 1998, Fall Public Contracts Section Program in Colorado Springs, Colorado. {This paper is also be at http://www.abanet.org/contract/operations/proceedings/sigdocs/docs.html
The Role of the Courts-What Would Sherlock Holmes Say? The Alan E. Peterson Lecture by Chief Judge Loren A. Smith of the United States Court of Federal Claims presented at the August 4, 1998, annual meeting of the ABA's Section of Public Contract Law in Toronto.
FOSTERING CIVILITY: A PROFESSIONAL OBLIGATION An excellent paper and speech by Judge Paul L. Friedman of the United States District Court for the District of Columbia presented at the March 13, 1998, Fourth Annual Procurement Institute of the ABA's Section of Public Contract Law.
FAR CHANGES AND COMMERCIAL VENDORS -- CONTRACTING FOR COMMERCIAL ITEMS An excellent paper by Wiliam A. Shook presented at the Fourth Annual Procurement Institute of the Section of Public Contract Law.
Modular Contracting White Paper July 1977. This Acquisition White Paper on modular contracting is one in a series of short papers that focus on key issues and hot topics in the acquisition and management of information technology (IT). Pdf version. Also see GSA's IT Policy OnRamp.
Past Performance Survey-Preliminary Results. The Section of Public Contract Law of the American Bar Association has issued an interim report which summarizes the preliminary results of the Past Performance Survey initiated by the Past Performance Subcommittee of the Federal Claims and Judicial Remedies Committees. The Subcommittee is made up of attorneys from both the private sector and Government agencies, including representation from the Office of Federal Procurement Policy.
Court of Federal Claims Guidelines for Bid Protests A copy of the Guidelines is available on the ABA's Bid Protest Committee's page.
Adarand IV A brief review of the June 2, 1997 District Court decision holding that the statutes and regulations underlying DOT's SDB subcontracting compensation clause are unconstitutional.
OFPP White Paper
Recommendations for the Bid Protest Group of the
United States Court of Federal Claims, 4/1/97. PDF
version. Link
to paper on ARNet.