How DoD Plans to change Commercial Item contracting

Thursday, September 13th, 2018
Over the summer, pursuant to Section 874 of the fiscal year 2017 National Defense Authorization Act,[1] the U.S. Department of Defense issued a proposed rule[2] to exclude the application of certain laws and regulations to the acquisition of commercial items, including commercially available off-the-shelf items. Among other things, the proposed rule identifies certain Defense Federal Acquisition Regulation Supplement and Federal Acquisition Regulation clauses that should be excluded from commercial item contracts and subcontracts, and sets forth a narrower definition of “subcontract” that would carve out a category of lower-tier…
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ASBCA won’t reconsider Raytheon Allowable Cost Ruling

Wednesday, September 12th, 2018
Neither Raytheon nor the Defense Contract Management Agency showed any clear error in a decision that had found that most of Raytheon’s disputed contract cost reimbursement claims were not expressly unallowable, the Armed Services Board of Contract Appeals ruled recently, refusing to reconsider its earlier decision.

The DCMA had failed to show any clear error in the board’s ruling that certain aircraft leasing costs claimed by Raytheon shouldn’t be subject to penalties under the Federal Acquisition Regulation, or FAR, the ASBCA found in an Aug. 28…

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Former Construction Exec. Gets 2 Years for Defrauding Feds

Wednesday, September 12th, 2018
A former construction company executive has been sentenced to two years behind bars for defrauding the federal government in connection with a $1.5 million roofing and air conditioning contract at a federal courthouse in Jackson, Tennessee.

M. Cleve Collins, 54, of Memphis, Tennessee, was sentenced Sept. 4 for one count of major fraud against the U.S., a crime for which he has also been ordered to pay $517,750 in restitution. Collins, once the chief operating officer of Don Brady Construction Inc., repeatedly told the government his…

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