Contract Management articles from August 2004

Contract Management archives from August 2004

Think NCMA ... each and every day.(Leadership Forum)(National Contract Management Association)
August 1, 2004... If you are reading this column, then you are most likely an NCMA member. The Contract Management magazine is our flagship publication and a valuable benefit of membership, so it is not surprising to find you flipping through the pages of the...

Managing by persuasion: use persuasion to manage the modern worker, who is part of a team and no longer accepts unquestioned authority.(Professional Development)
August 1, 2004... Do you ever ask yourself why an employee does not respond positively or enthusiastically when asked to do something? Has an employee ever replied to an order by saying, "Does this really have to be done?" Why do you need to follow-up to make...

Erratum.(Correction Notice)
August 1, 2004... In the July 2004 issue of CM magazine, in Neil Ferraro's "Poetic License? Caveats for Buying or Selling Technology" article (page 37) this sentence appears: "You wouldn't want the IP you licensed to be enforced against parties with whom you do...

Subcontract management & corporate compliance: what if you were to discover that your subcontract management department has been accused of misappropriating funds, violating laws, and operating under poor business practices?
August 1, 2004... Every aspect of business carries some degree of risk--one of your key responsibilities as a subcontract management professional is managing these risks to avoid situations that might jeopardize a firm's operations. Risks can be anticipated and...

Gifts and gratuities in government contracting: free key chains, hats, meals, and invitations to golf tournaments may be "business as usual" in the commercial world, but government employees and contractors play by stricter rules.
August 1, 2004... On a typical government contract, contractors and government employees have a great deal of interaction. At any point in time, a sales manager may buy a meal for his government client, a contracting officer's technical representative may...

Small business: is David Fighting Goliath or Becoming Goliath? Small companies hoping to maximize their federal contracting opportunities must consider the many recent changes and relevant case law in their business strategies, or risk premature exclusion from the set-aside programs.
August 1, 2004... A bedrock principle of the U.S. economic system is free competition. With limited exceptions, the Competition in Contracting Act of 1984 requires that all government acquisitions be made using full-and-open competition. (1) [ILLUSTRATION...

Subcontract choice of law: subcontracts possess unique rights and responsibilities under prime contracts--these details are critical to know.
August 1, 2004... Contract terms and conditions articulate the rights and responsibilities of the contracting parties. Even the best drafted contract clause can be open to interpretation, given the infinite factual circumstances that can affect contract...

New EEO guidelines define "Internet applicant" for government contractors: employers now have three conflicting definitions of an applicant and a great many questions.
August 1, 2004... The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) administers and enforces Executive Order 11246, as amended, which prohibits federal contractors who do more than $10,000 in government business in one year...

Federal & state procurement law: learn more about the developments of the federal government's trend toward streamlined procurement processes and the state government's movements toward uniform terms and conditions.(Cover Story)
August 1, 2004... On one hand, in the past year, the federal government has acted aggressively to reform the nation's federal contract procurement system to emphasize performance-based and service contracting, and to streamline the contracting process to...

Cutting contract disputes down to size.(E-Business)
August 1, 2004... The grind of manually searching contracts and other documents to resolve disputes is giving way to automated data-coding and artificial intelligence search tools. New technology is helping the corporate world settle contract disputes more...

A practical manual for ADR.(Book Review)(Alternative Disputes Resolution for Government Contracts)(Book Review)
August 1, 2004... Alternative Disputes Resolution for Government Contracts by Donald P. Arnavas (CCH Inc., 2004), 280 pp. $60, Order at www.onlinestore.cch.com (Discounts available for large quantities.) This is a book that delivers what it promises, and...

Negligent estimates.(Case Commentary)(Tank-Automotive and Armaments Command (US Army) )
August 1, 2004... Army Tank Automotive Command (TACOM) had multiple systems of inventory control. Item managers implemented a policy of repairing existing tank wheels before purchasing new ones to keep costs low. Item managers used several automated forecasting...

Governmentwide acquisition contracts: unlocking the potential.(GSA Case Study)
August 1, 2004... Whether for current customers or first-time purchasers, GSA's Governmentwide Acquisition Contracts (GWACs) offer comprehensive, total solutions for information technology (IT) requirements. Customers can expect superior acquisition expertise...

NASA Authorization Act 2004 introduced in senate.(Legislation)(Brief Article)
August 1, 2004... Senator John McCain introduced a bill to reauthorize and restructure the National Aeronautics and Space Administration (NASA)--it's called the "NASA Authorization Act of 2004." Among the provision of this act specifically pertinent to...

DOD, GSA, and NASA issue final rule to amend FAR definitions clause.(Regulations)(Federal Acquisition Regulation )(Brief Article)
August 1, 2004... The Department of Defense (DOD), General Services Administration (GSA), and NASA have issued a final rule to amend Federal Acquisition Regulation (FAR) Part 52.202-1, Definitions. Specifically, this rule deletes the prior list of definitions...

DOD, GSA, and NASA issue final rule to amend FAR provisions, determining compliance with INA.(Regulations)(Federal Acquisition Regulation )(Brief Article)
August 1, 2004... DOD, GSA, and NASA have issued a final rule to amend the FAR provisions regarding the determining official for compliance with the Immigration and Nationality Act (INA). Specifically, the rule adds the secretary of homeland security, in...

DOD, GSA, and NASA issue final rule: amend FAR provision on FSS and blanket purchase agreements.(Regulations)(Federal Supply Schedules )(Brief Article)
August 1, 2004... DOD, GSA, and NASA have issued a final rule to amend FAR provisions for blanket purchase agreements (BPA) under the Federal Supply Schedules (FSS). Specifically, this rule makes this changes, among others: (1) mandates that the contracting...

DOD, GSA, and NASA issue final rule to amend FAR, designating countries eligible to participate in WTO GPA.(Regulations)
August 1, 2004... DOD, GSA, and NASA have issued a final rule to amend FAR to reflect a determination by the U.S. trade representative--pursuant to the Trade Agreements Act--that suppliers from 10 new member states of the European Union are eligible to...

DOD, GSA, and NASA issue final rule to amend FAR unallowable cost provisions.(Regulations)(United states, department of defense)(General services administration)(National Aeronautics & Space Administration)(Federal Acquisition Regulation)(Brief Article)
August 1, 2004... DOD, GSA, and NASA have issued a final rule to amend FAR Part 31.204, Applications of Principles and Procedures. Specifically, this rule implements the previously reported on proposed rule, regarding unallowable costs, without changes. (See...

DOD, GSA, and NASA issue final rule to amend FAR on cost principles.(Regulations)(Department of Defense)(general services administration)(National Aeronautics & Space Administration)(Federal Acquisition Regulation)(Brief Article)
August 1, 2004... DOD, GSA, and NASA have issued a final rule to amend FAR cost provisions for gains and losses, maintenance and repair costs, and material costs. This rule deletes the cost principle at FAR 31.205-24, Maintenance and Repair Costs. The rule also...

DOD issues final rule to amend DFARS regarding follow-on production contracts for prototype projects.(Regulations)(Defense Federal Acquisition Regulation Supplement)(Brief Article)
August 1, 2004... DOD has issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) provisions regarding follow-on production contracts awarded pursuant to Section 822 of the National Defense Authorization Act of 1992....

DOD issues final rule to amend DFARS: production surveillance and reporting.(Regulations)(Department of Defense)(Defense Federal Acquisition Regulation Supplement)(Brief Article)
August 1, 2004... DOD has issued a final rule amending DFARS Section 242.1104, Surveillance Requirements, by eliminating the requirement for production surveillance and progress monitoring on contractors with low urgency (Criticality Designator C) contracts by...

DOD issues final rule to amend application of DFARS Part 12 to PBC for services.(Regulations)(United States. Department of Defense)(Defense Federal Acquisition Regulation Supplement)(performance-based contracting)(Brief Article)
August 1, 2004... DOD has issued a final rule amending the DFARS by removing obsolete text that pertains to the application of Part 12, Acquisition of Commercial Items, procedures to performance-based contracting (PBC) for services. The agency stated that this...

DOD issues interim rule to amend DFARS threshold for architect-engineer services contracts.(Regulations)
August 1, 2004... DOD has issued an interim rule amending the DFARS to implement Section 1427 of the National Defense Authorization Act for Fiscal Year 2004, regarding contracts for architect-engineer services. Specifically, this interim rule increases the...

DOD issues interim rule to amend DFARS written assurance of technical data conformity.(Regulations)(Brief Article)
August 1, 2004... DOD has issued an interim rule amending the DFARS to implement Section 844 of the National Defense Authorization Act for Fiscal Year 2004 regarding assurance of technical data conformity. Specifically, this interim rule eliminates the...

DOD issues interim rule to amending DFARS--firefighting services contracts.(Regulations)
August 1, 2004... DOD has issued an interim rule amending the DFARS to implement Section 331 of the National Defense Authorization Act for Fiscal Year 2004. This section provides that the DOD can contract for the performance of firefighting functions at military...

DOD issues proposed rule amending DFARS reporting requirement for contracts outside states.(Regulations)
August 1, 2004... DOD has issued a proposed rule the amend DFARS provisions requiring contractor reporting of contract performance outside of the United States. Specifically, this proposed rule clarifies the current regulations into two separate reporting...

DOD issues proposed rule to amend DFARS payment and billing instructions.(Regulations)(Department of Defense)(Brief Article)
August 1, 2004... DOD has issued a proposed rule to amend DFARS provisions regarding payment and billing instructions in DOD contracts. This proposed rule would, among others: (1) relocate text at DFARS 204.201, 204.202, 204.7103-2, 204.7104-2, 204.7107, and...

DOD issues proposed rule to amend DFARS--construction and architect-engineer services.(Regulations)(Department of Defense)(Brief Article)
August 1, 2004... DOD has issued a proposed rule to amend DFARS provision pertaining to the selection of firms for architect-engineer contracts. Specifically, the proposed rule would: (1) revise DFARS 236.602-1, by relocating the procedures regarding the...

NASA issues final rule to amend NFS by re-issuing Subchapters E and F.(Regulations)(NASA FAR Supplement)(Brief Article)
August 1, 2004... NASA has issued two final rules to amend the NASA FAR Supplement (NFS) by re-issuing Subchapter E and Subchapter F. As previously reported, NASA is in the process of amending the NFS by removing from the Code of Federal Regulations (CFR) those...

GSA issues proposed rule to amend GSAR debarment and suspension.(Regulations)(General Services Administration)(Brief Article)
August 1, 2004... GSA has issued a proposed rule to amend the General Services Acquisition Regulation (GSAR), by adding an additional process for the debarment and suspension of parties. Specifically, the proposed rule would require the agency to provide a...

This is a JWOD Champion.(NCMA Association News)(Javits-Wagner-O'Day)
August 1, 2004... Rhonda Chavez, chief of the base acquisition flight, Davis-Monthan Air Force Base, is the type of person who makes a difference. Always involved in a variety of community activities, Chavez is currently the president of the Saguaro Chapter and...

In memoriam of two dedicated NCMA members.(NCMA Association News)(Brief Article)(Obituary)
August 1, 2004... CM regrets the recent deaths of two members of our association, and extends sympathy to all those who knew them: Platt Jay Gilmartin (Fort Monmouth Chapter) and John Green (Puget Sound). Platt Jay Gilmartin Chapter Treasurer Platt Jay...

Announcing new ESI Contracting Award.(NCMA Association News)
August 1, 2004... Excellence in the contracting profession--especially at a time when contractors are responsible for developing new relationships on an increasingly interconnected global front--should never be underestimated or taken for granted. NCMA's...

NCMA's 2004-2005 educational conference calendar.(National Contract Management Association)(Calendar)
August 1, 2004... Attendance at NCMA's conferences offer you: * ways to stay in touch with contemporary issues, * exposure to best practice models, * opportunities for networking with those in the same field, * career growth programs, and *...

Air Force announces latest contracting award winners.(NCMA Association News)
August 1, 2004... The U.S. Air Force formally recognized its contracting award winners for FY 2003, in a ceremony held April 22, 2004, at the Pentagon Auditorium in Washington, D.C. Contracting units and professionals throughout the air force competed for 22...

Enduring devotion to voluntarism and leadership: latest Berger Award winner.(NCMA Association News)
August 1, 2004... It isn't too often that one person can possess all the qualities worthy of an Albert Berger Outstanding Chapter Leadership Award. But then again, so many of our chapters at NCMA are filled with people who, inspired by others, strive to make...