Contract Management articles from July 2004

Contract Management archives from July 2004

Governance change--where do we go from here?(Leadership Forum)
July 1, 2004... In the past year, something truly remarkable happened. Members of NCMA's Board of Directors voted themselves out of a job. Some of the association's most dedicated and personally involved members came to the conclusion that the governance model...

Setting priorities: make the right choices to ensure you the greatest health, happiness, and prosperity in the long term.(Professional Development)
July 1, 2004... In 1970, sociologist Dr. Edward Banfield of Harvard University wrote a book, titled The Unheavenly City: The Nature and Future of Our Urban Crisis. He described one of the most profound studies on success and priority setting ever conducted....

Basics in intellectual property rights: a focus on copyright; As a contracts professional, you should make yourself aware of the risks associated with intellectual property, as well as the steps necessary to protect you and your organization from damages.
July 1, 2004... When a person has an original idea about something--a new song, a way to build a better mouse trap, or new software for a computer game--so long as the person keeps the idea in his or her head, the owner of that idea is clear. Only when the...

Protecting proprietary information submitted in a proposal: explore the methods available to prospective contractors to protect proprietary information submitted to the government from unauthorized use or disclosure.
July 1, 2004... In proposing to do business in the commercial world, companies frequently find themselves in the position of having to disclose confidential information and proprietary data in order to win business. Companies may be requested, for example, to...

Addressing technology escrow in the RFP stage: a small up-front cost can provide significant value by keeping critical applications running in the face of vendor problems.(request for proposal)
July 1, 2004... Companies in almost every industry license software for their mission-critical applications. From supply chain applications to inventory management, accounting, customer service, or logistics, if you are in a contract management position...

Invisible terms in international contracts and What to do about them: contractual literacy avoids unnecessary problems, builds a stronger foundation for business, and secures contracting success.
July 1, 2004... Large organizations make hundreds of contracts each day. Contracting professionals know that the quality of contracts has a significant effect on both business performance and risk exposure. Some companies are still learning the hard way that...

Poetic license? Caveats for buying or selling technology: a well-crafted license agreement helps maximize financial and technological profits and reduce risk.
July 1, 2004... A well-conceived intellectual property (IP) licensing program can advance your client company's objectives, maximize profits, and provide the company with many advantages. For example, dormant projects can be turned into revenue; new markets...

Want to avoid patent litigation? Become a government contractor: the power of the [section] 1498 should not be overlooked, as it could help your company avoid millions of dollars in patent damages and/or attorney fees, provided you are working with or for the U.S. government.(cooperative research and development agreements)(United States Government)
July 1, 2004... A rarely used legal provision--28 U.S.C. [section] 1498(a)--concerns the government contractor defense to a charge of patent infringement. The powerful nature of this defense undermines potentially onerous patent litigation and also avoids...

Do you recognize the differences among types of government contracts?(Government Contracting)
July 1, 2004... The contract type (e.g., fixed-price, cost-reimbursement) is a key consideration in any decision-making because the type of contract may determine the financial impact of the decision. For example, the financial effect of schedule changes...

The contracting officer's handshake.(Case Commentary)(Fentriss JH Bradburn Associates, PC. v. General Services Administration)
July 1, 2004... The contracting officer (CO), with an "unlimited" warrant, offered $1.2 million in settlement of architect/engineer claims for additional compensation. Mr. Bradburn, of Fentriss Bradburn Architects, Ltd., accepted on behalf of the contractor....

Wireless opens the door to spies, snoops, and hackers.(Intellectual Property)(Virtual Private Network)
July 1, 2004... Laptops, notebooks, and handhelds are a lot like cell phones. Their transmissions can be easily intercepted. The big difference is that cell phones just let eavesdroppers listen to your private conversation, while wireless computers can...

Appian Corporation and the three C's.(Information Technology)
July 1, 2004... This product suite was reviewed in May 2004. Three concepts are key attributes of any successful organization. Simply defined, they can be called the "Three C's," as follows: (1) communication--the ability for knowledge to flow freely, to...

Empowering professionals through training.(GSA Case Study)(FSS Center for Acquisition Excellence Virtual Campus)
July 1, 2004... FSS Center for Acquisition Excellence Virtual Campus On-line or classroom training? Different people have different learning styles. GSA wants to make sure that whatever the learning needs are, GSA is the fit. Some people do well with...

Bill regarding acquisition system improvement introduced in House.(Legislation)
July 1, 2004... Representative Tom Davis introduced a bill into the House of Representatives, titled "Acquisition System Improvement Act" (ASIA) (H.R. 4228). The proposed bill is intended to supplement the Services Acquisition Reform Act of 2003 (SARA), which...

Bill providing federal government employees with bid protest rights in actions under OMB circular A-76 introduced in Senate.(Legislation)
July 1, 2004... Senator Susan Collins has introduced a bill in the Senate, which aims "to amend title 31, United States Code, to provide federal government employees with bid protest rights in actions under the Office of Management and Budget (OMB) Circular...

DOD, GSA, and NASA issue interim rule to amend FAR and implement Veterans Benefits Act 2003 Section 308.(Regulations)(Federal Acquisition Regulation )(Brief Article)
July 1, 2004... The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued an interim rule to amend the Federal Acquisition Regulation (FAR), implementing Section 308 of the...

DOD, GSA, and NASA issue proposed rule to amend FAR regarding cost principal for gains and losses.(Regulations)(Federal Acquisition Regulation)(Brief Article)
July 1, 2004... DOD, GSA, and NASA have issued a proposed rule to amend the FAR, by revising the cost principle regarding gains and losses on disposition or impairment of depreciable property or other capital assets. Specifically, the proposed rule makes the...

DOD, GSA, and NASA issue proposed rule regarding non-available articles for Buy American Act purposes.(Department of Defense, General Services Administration, National Aeronautics and Space Administration)(Brief Article)
July 1, 2004... DOD, GSA, and NASA have issued a proposed rule to amend the FAR to clarify the intent of the list of items determined to be non-available for the Buy American Act purposes. Specifically, the rule proposes to amend FAR Subpart 25.1 to (1)...

DOD, GSA, and NASA issue proposed rule to amend FAR regarding withholding payment.(Department of Defense, General Services Administration, National Aeronautics and Space Administration, Federal Acquisition Regulations)(Brief Article)
July 1, 2004... DOD, GSA, and NASA have issued a proposed rule to amend the FAR by removing the requirement that a contracting officer withhold 5 percent of the payments due under a time-and-materials or labor-hour contract, unless otherwise prescribed in the...

DOD issues final rule regarding multi-year procurement authority for environmental services of military installations.(Department of Defense)(Brief Article)
July 1, 2004... DOD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 827 of the National Defense Authorization Act for Fiscal Year 2003. Section 827 authorizes DOD to enter into multiyear...

DOD issues interim rule to amend DFARS regarding Berry Amendment changes.(Department of Defense, Defense Federal Acquisition Regulation Supplement)(Brief Article)
July 1, 2004... DOD has issued an interim rule amending the DFARS to implement Sections 826 and 827 of the National Defense Authorization Act for Fiscal Year 2004. DFARS 225.7002-1 contains requirements for the acquisition of certain items from domestic...

DOD issues proposed rule to amend DFARS: policy update on Pilot Mentor-Protege Program.(Department of Defense, Defense Federal Acquisition Regulation Supplement)(Brief Article)
July 1, 2004... DOD has issued a proposed rule to amend the DFARS to update policy pertaining to the DOD Pilot Mentor-Protege Program. Specifically, the proposed rule amends DFARS Part 219, to authorize the director of the Small and Disadvantaged Business...

OMB issues notice of establishment of CFR Title for policy guidance for grants and agreements.(Office of Management and Budget, code of federal regulations)(Brief Article)
July 1, 2004... The OMB has issued a notice that it is establishing Title 2 in the CFR for grants and other financial assistance and nonprocurement agreements. Title 2 consists of two subtitles--Subtitles A and B. In Subtitle A, OMB is publishing...

OMB issues notice regarding relocation of Circular A-110.(Office of Management and Budget, federal government policies on grants and other financial assistance)(Brief Article)
July 1, 2004... The OMB issued a notice that it is relocating Circular A-110 to Title 2 in the CFR (Subtitle A, Chapter II, Subchapter B, Part 215) as part of an initiative to provide the public with a central location for federal government policies on grants...

SBA issues final rule to amend small business size regulations and appeals of size determinations.(Small Business Administration)(Brief Article)
July 1, 2004... The Small Business Administration (SBA) has issued a final rule amending SBA's small business size regulation and the regulations applying to appeals of size determinations. The final rule makes the following changes, inter alia: (1) amends the...

Winning the race--"power to those who endure": World Congress 2004.(National Contract Management Association conference)
July 1, 2004... "The race doesn't go to the swift and the strong--the race goes to those who endure." These words from Ronald Langston, national director of MBDA, who spoke as a keynote on April 28, seem to mark important relevance to this year's World...

A meeting of the minds: joint Council of Fellows and Board of Advisors meeting.(minutes of the meeting, National Contract Management Association)
July 1, 2004... The Council of Fellows and Board of Advisors met jointly on Sunday, April 25, 2004, in conjunction with World Congress 2004 in Orlando, Florida. [ILLUSTRATION OMITTED] NCMA President Gary Zura welcomed both groups and provided a brief...

Marie Jatsko named Outstanding Fellow.(NCMA Association News)
July 1, 2004... The Council of Fellows welcomed one more winner of the Outstanding Fellow Award into their ranks this year, when it recently named Marie L. Jatsko as the Outstanding Fellow Award winner for 2004. Jatsko received the award at the NCMA World...

Why recertify?(NCMA Association News)(National Contract Management Association )
July 1, 2004... "I earned the designation, so what do you mean I can no longer say I'm certified by NCMA?" That is a perfectly legitimate question and if you've already thought of it, you are not alone in asking that question. The principal reason for...

CM magazine 2004 editorial calendar.(Contract Management)
July 1, 2004... November -- Articles Due: Aug. 1, 2004 Information Technology Auctions and reverse auctions, buying consortiums, global transactions, software, standard procurement system, billing and payment, value-added networks, automated...

Timely Battlefield Acquisition research wins AFIT thesis award.(NCMA Association News)(Air Force of Institute of Technology)(National Command and Military Authorities)(Biography)
July 1, 2004... CM magazine congratulates Captain Ryan M. Novak, USAF, for his recent Air Force of Institute of Technology (AFIT) thesis award. Novak's thesis is titled, Going to War with Defense Contractors: A Case Study Analysis of Battlefield Acquisition....