Contract Management articles from May 2003

Contract Management archives from May 2003

Certification: an association core competency. (President's Forum).
May 1, 2003... Take a look at just about any prominent association, and you will find a professional certification at its heart. NCMA is no different. Founded in 1959, NCMA first offered the Certified Professional Contracts Manager (CPCM) designation in...

Successful case management: advanced planning, good communication with clients, and a well-managed accounts payable system are key for government contractors seeking to maximize their company's cash flow.
May 1, 2003... Thomas Jefferson once said, "Never spend your money before you have it." These words constitute good advice for one's personal budget, but government prime contractors may not be able to live by the letter of this guidance. However, if armed...

Streamlined pricing for commercial services: while contracting through GSA's multiple award schedule can be advantageous, environmental services firms should first make a commitment to satisfy the agency's pricing and reporting requirements.
May 1, 2003... The General Service Administration (GSA) took a significant step forward several years ago to facilitate the acquisition of commercial services by creating the Multiple Award Schedule (MAS), which lists GSA contracted hourly rates for certain...

Financial due diligence for contractors: focused due diligence and a carefully negotiated agreement can help mitigate risks for government contractors engaged in a merger or acquisition.
May 1, 2003... Merger and acquisition targets in all industries require thorough due diligence to assess the proposed purchase price and to ensure appropriate contractual coverage for risk items. Government contractors face unique risks that can be far...

Cost recovery after voluntary agency corrective action in GAO protest: Georgia power short-circuits Buckhannon.
May 1, 2003... An examination of the U.S. Supreme Court's Buckhannon decision, and its rationale for rejecting the "catalyst" theory under cost-shifting statutes, as well as the GAO's Georgia Power decision and its departures from the Supreme Court's holding....

Financial responsibility: how can you determine if a contractor has sufficient financial resources to successfully complete a contract? Review key financial statements before award and throughout the contract term to help mitigate risk.
May 1, 2003... As members of the contracting community, we are required to purchase supplies and services from responsible contractors. Although responsibility has several facets, this article focuses solely on financial responsibility. Performing a...

Special termination cost clause: the ultimate tool; the STCC is a key weapon that program managers should include to develop effective defense systems.
May 1, 2003... A famous politician, Theodore Roosevelt, once said that it was eminently sensible to "speak softly, but carry a big stick." In the case of major weapon systems acquisition, it is also sensible to carry a big STCC, but for other less obvious...

The cost or pricing data dilemma: a key ingredient to nurturing a trustful relationship with the government is ensuring that bid proposals are properly prepared and supported with accurate, complete, and current cost or pricing data.
May 1, 2003... Compliance with government procurement requirements in preparing bid proposals is an expensive and arduous task, given the continuous changes in interpretations resulting from ongoing court and procurement hearing decisions. Government guidance...

Total costs claimed. (Case Commentary).(Propeilex Corporation)
May 1, 2003... Between July 1988 and March 1990, Propeilex Corporation (PX) received awards (contract # 817 and #445) from the U.S. Army Munitions and Chemical Command (Army). These awards were to deliver approximately 160,000 MK 45 Electric Primers--used as...

TSA: a new profit center for you? (E-Business).(Technical Services Associates Inc.)
May 1, 2003... This site was reviewed in early March 2003. Technical Services Associates, Inc. (TSA), has launched a superior Web site, www.tsagate.com, to further their customer service efforts to current and prospective clients alike. Their mission is...

Softrax: a strategic way to manage revenue and IT capabilities. (Information Technology).
May 1, 2003... These products were reviewed in early March 2003. Softrax is a software solution for big firms, primarily in the Internet/software sector. Prices start at $30,000 in return for a promise to track your revenue, account for it, and report it...

Contract consolidation. (Small Business Briefs).(Brief Article)
May 1, 2003... As awareness grows of the negative impact of federal government contract consolidation on small businesses, agencies are seeking guidance on how to mitigate that effect. For example, on January 17, 2002, the Department of Defense (DOD) issued a...

Matchmaking initiative announced. (Small Business Briefs).(Brief Article)
May 1, 2003... The Small Business Administration (SBA), U.S. Chamber of Commerce, and Hewlett Packard have joined to implement a business matchmaking program. The program matches SBs with federal, state, and local government agencies and private companies...

SBA multilingual site. (Small Business Briefs).(Small Business Administration)(Brief Article)
May 1, 2003... SBA has now made SB start-up information available on its Web site in Arabic. The translation of basic start-up information and a directory of SB resources were developed jointly by SBA's Office of Women's Business Ownership and its Office of...

Small business patents. (Small Business Briefs).(Book Review)
May 1, 2003... A recently released study reveals that much of America's technological innovation originates in SBs, and that they are more productive than their larger counterparts. The study, Small Serial Innovators: The Small Firm Contribution to Technical...

DOD Contracting Opportunities. (Small Business Briefs).(Brief Article)
May 1, 2003... The Office of Small and Disadvantaged Business Utilization (OSDBU), in the Department of Defense, has prepared a Guide to DOD Contracting Opportunities--A Step by Step Approach to the DOD Marketplace, which helps guide vendors through the DOD...

Construction subcontracts. (Small Business Briefs).(Defense Federal Acquisition Regulations Supplement)(Brief Article)
May 1, 2003... The DOD is proposing to amend its DFARS regarding fixedprice construction subcontracts. To bring the DFARS in line with FAR coverage, DOD proposes to permit the use of alternative payment protections for fixed-price construction subcontracts...

Electronic invoices and payment. (Small Business Briefs).(Brief Article)
May 1, 2003... Section 1008 of the National Defense Authorization Act for FY 2001 requires that DOD contractors electronically submit payment requests, for electronic DOD processing. DOD has issued an interim rule effective March 1, 2003, to implement this...

Withholding payment. (Small Business Briefs).(Defense Federal Acquisition Regulations Supplement)(Brief Article)
May 1, 2003... Currently, the DFARS provides that a contracting officer should withhold 5 percent of the payments due to a contractor under a time and materials or labor-hour contract. DOD is now proposing to remove that requirement, and instead to permit the...

Financial services: finding solutions in schedule 520. (GSA Case Study).
May 1, 2003... The following case studies--and concluding practical tips--were developed to provide readers with inside, firsthand information about Schedule 520, offered by GSA Case Study #1 David Hammond works as a program analyst for the Federal...

Bill regarding amendments to Small Business Act introduced in house. (Legislation).(Brief Article)
May 1, 2003... Representative Albert Wynn has introduced a bill, titled the "Subcontractor Protection Act," in the House of Representatives. If enacted, the bill would amend section 8(d) of the Small Business Act (15 U.S.C. 637(d)) providing, among other...

Bill regarding contract consolidation requirements introduced in senate. (Legislation).(Brief Article)
May 1, 2003... Senator John Kerry has introduced a bill, titled "Small Business Federal Contractor Safeguard Act," in the Senate. If enacted, the bill would amend, among other things: (1) section 3(o) of the Small Business Act (15 U.S.C. 632(o)) to replace...

Bill on integrity and business ethics of contractors introduced in house. (Legislation).(Brief Article)
May 1, 2003... Representative Albert Wynn has introduced a bill in the House of Representatives regarding requirements of integrity and business ethics of federal contractors. The bill, if enacted,, would amend both Chapter 137 (General Procurement) 'of Title...

Bill prohibiting bid shopping in federal construction projects introduced in house. (Legislation).(Brief Article)
May 1, 2003... Representative Paul Kanjorski has introduced a bill, titled "Construction Quality Assurance Act of 2003," in the House of Representatives. According to Representative Kanjorsiti, the purpose of the bill is to ensure quality and best value with...

DOD, GSA, and NASA issue final rule regarding contract types for commercial item acquisitions. (Regulations).(Brief Article)
May 1, 2003... The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a final rule to amend the Federal Acquisition Regulation (FAR) to provide guidance on what contract...

DOD, GSA, and NASA issue final rule regarding ocean transportation of supplies purchased under government contracts. (Regulations).(Brief Article)
May 1, 2003... The DOD, GSA, and NASA have issued a final rule to amend thc FAR regarding the use of U.S.-flag vessels for ocean transportation of supplies purchased under government contracts. Currently, FAR [section] 12.504 (Applicability of Certain Laws to...

DOD, GSA, and NASA issue final rule to clarify clauses in far relating to federal, state, and local taxes. (Regulations).(Brief Article)
May 1, 2003... The DOD, GSA, and NASA have issued a final rule to amend the FAR to clarify certain clauses relating to federal, state, and local taxes. FAR Subpart 29.401 (Domestic Contracts) includes prescriptions for the use of FAR [sections] 52.229-3...

DOD, GSA, and NASA issue final rule regarding progress payment requests under indefinite-delivery contracts. (Regulations).(Brief Article)
May 1, 2003... The DOD, GSA, and NASA have issued a final rule to amend the FAR with respect to progress payment requests. Currently, FAR [section] 32.503-5(c) (Administration of Progress Payments) states that a contracting officer, under an...

DOD issues proposed rule to amend the DFARS to remove the mandatory 5 percent withholding requirement. (Regulations).(Department of Defense)(Defense Federal Acquisition Regulation Supplement)(Brief Article)
May 1, 2003... The' Department of Defense (DOD) has issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove the 5 percent withholding requirement. Currently, the administrative contracting officer (AGO) is...

NASA issues final rule regarding products subject to trade agreements act. (Regulations).(Brief Article)
May 1, 2003... NASA has issued a final rule regarding the procurement of products that are subject to the. Trade Agreements Act. As previously reported, NASA issued a proposed rule that sought to amend Part 1825 (Foreign Acquisition) of. the NASA FAR...

DHS issues interim final rule regarding restrictions on lobbying. (Regulations).(Department of Homeland Security)(Brief Article)
May 1, 2003... The Department of Homeland Security (DHS) has issued an interim final rule regarding restrictions on lobbying. This interim final rule prohibits recipients of a federal contract, grant, loan, or cooperative agreement from using appropriated...

GSA issues proposed rule to amend provisions regarding industrial funding fees. (Regulations).(Brief Article)
May 1, 2003... GSA has issued a proposed rule to amend the General Services Administration Acquisition Regulation (GSAR) with respect to provisions regarding Industrial Funding Fees (IFF). The proposed rule amends the GSAR to, among other things: (1) allow...

An NES program exceeds expectations. (Association News).
May 1, 2003... The Suncoast Chapter in Florida hosted one of its most successful NES programs on January 24, 2003, when 101 members and non-members participated in the "Project Management in the Contracting Process" course presentation. The key to the...

Blanche witte award winners and honorees named for 2002. (Association News).
May 1, 2003... This award is designed to provide formal recognition to an individual in the procurement or contracts field in the public or private sector (membership not required). Blanche Witte, NCMA Fellow Robert D. Witte's mother, was a summa cum...

In erratum.
May 1, 2003... CM regrets not printing Terry Brewer's employer and position in her biography listed in the March 2003 issue announcement of new Fellows. Brewer is a contracts specialist with the Institute for Scientific Research, Inc., in Fairmont, West...

This year's outstanding volunteers: the muller awards. (Association News).(National Contract Management Association)
May 1, 2003... This award is named for Arthur Muller, one of the founding members of NCMA. He was president of the original New York Chapter of the Government Contract Management Association (GCMA), which later merged with the National Association of...

Presenting the new CPCMs! (Association News).(Certified Professional Contracts Manager)
May 1, 2003... "Certification is the Key to Professionalism" Congratulations to those candidates listed below who passed the Certified Professional Contracts Manager (CPCM) examination. The CPCM designation represents the highest level of...