Author Archive

Richard Rector

Agencies don't always play by the rules on commercial-item contracts

By knowing the rules and terms beforehand, contractors can successfully defend against audits of commercial-item contracts.

A word of caution on global contracting

In a world that is flat, trade laws can make all the difference.This is as true in public procurement as in the software, steel orwheat markets. For non-U.S. companies, there is increasinginterest in tapping into the U.S. public-contracting market.

Acquisition reforms ring in the new year

Contractors should be prepared to offer detailed justifications for their commercial-item pricing.

A hard line on organizational conflicts

Commentary: Organizational conflicts of interest continue to be a hot topic in federal acquisition and a potential risk area for contractors. Federal courts have confirmed in two recent decisions the importance of following OCI rules.

Richard Rector | Prepare now to avoid conflicts

It's protest season again. It comes around at the end of the government fiscal year when a spike in the number of new contracts inevitably is followed by a wave of bid protests.

DOD stops subcontract pass-through charges

A new rule issued by DOD in April aims to ensure that "pass-through" charges on DOD contracts and subcontracts ? such as indirect costs and profits charged by prime contractors ? are not excessive.

Acquisition reforms would give auditors upper hand

A number of contracting reforms are taking shape. After months of stops and starts, it appears that a handful of "accountability in contracting" measures will be heading to conference as part of the Defense Authorization Act for fiscal 2008.

Richard Rector | Time has come to dust off those ethics programs

Not having an ethics program is no longer a wise decision for any contractor, small or otherwise.

It's pretty tough to beat 'home-cooked' contracting

Everyone loves home cooking. It could be your mother's potato salad, your uncle's barbecued ribs or even your own three-egg deluxe omelette. There's something special about the things we make at home.

Fixed-price contracting makes unwelcome return

It's a depressing sign of getting old: You witness the discrediting of a bad idea, then, after a period of dormancy, its resurrection as the new best thing. It's happened with fondue, leggings, open classrooms and now, in the procurement arena, fixed-price development contracting.

Infotech and the Law: States grow more inflexible on contract terms

Imagine you're applying for a job, and it looks like a match made in heaven. The employer needs someone with exactly your skills and experience, and you like the stature, salary and challenge of the position. But there's a catch.

Infotech and the Law: States grow more inflexible on contract terms

Imagine you're applying for a job, and it looks like a match made in heaven. The employer needs someone with exactly your skills and experience, and you like the stature, salary and challenge of the position. But there's a catch.

Infotech and the Law: Druyun fallout will be felt long and hard

The federal government has long imposed unique ethical responsibilities on its contractors. Following the defense procurement scandals of the 1980s such as Operation Ill Wind, Congress considerably increased the number and types of ethical considerations governing federal contracts.

Europe ponders new competition policy for defense procurement

Although the European Union is steadily erasing the borders among its member states, defense spending among EU members remains largely segregated along national lines.

Infotech and the Law: DOD to scrutinize subcontractor choices by primes

The Defense Department has issued guidance on choosing subcontractors for subsystems and components of major programs, seeking to ensure that systems integrators are not biased when deciding whether to work with a sister division or an unaffiliated company.

Infotech and the law: Putting the 'share' in share-in-savings rules

The federal government July 2 published a proposed rule to authorize governmentwide use of share-in-savings contracts for federal IT projects. A final rule likely will take effect in the last quarter of 2004.

Infotech and the law: Time may tick against you when adding to FSS contracts

Contractors sometimes need to add supplies or services to their Federal Supply Schedule (FSS) contracts to respond to an agency's request for quote. But when must these additions be done: By the time quotes are submitted or by the time the blanket purchase agreement or FSS order is issued?

Infotech and the Law: Now, why can't foreigners work on fed IT deals?

The Homeland Security Department issued interim rules Dec. 4, 2003, that established its own acquisition regulation, known as HSAR. The rules supplement the Federal Acquisition Regulation and establish a uniform acquisition process for the entire agency, except the Transportation Security Administration.

Infotech and the Law: Savvy contractors brush up on procurement integrity laws

Procurement integrity laws have been around since 1989, but rarely in the news as prominently as they were in 2003.

Infotech and the Law: New York to keep close eye on contractor lobbying

On Aug. 14, a law took effect that places substantial new obligations on the marketing and lobbying activities of companies doing business with the state of New York. Known as Executive Order 127, "Providing For Additional State Procurement Disclosure," it requires contractors to establish new training and compliance programs for doing business in New York.