Digital Government
Is government 'computer chaos' over?
While looking through some old files recently, I came across a report addressing federal agencies' problems with developing large computer projects. The report 'Computer Chaos: Billions Wasted Buying Federal Computer Systems,' which was investigated by William Cohen, now the secretary of Defense
Digital Government
What rules govern agency publicity?
A reader asked the following question: Are there any limits on agencies' advertising campaigns to promote their contracting capabilities? What rules govern agency publicity and advertising efforts? Advertising of the sort discussed in this question has become rampant in recent years. Many people th
Digital Government
What's involved in arbitration?
A company representative raised the following topic: We are a subcontractor on a large government contract. Our subcontract states that any disputes that we may have with the prime contractor must be submitted to arbitration before we can initiate a court action against the prime contractor. What p
Digital Government
How does a revolving fund work?
The following discussion continues the topic of interagency transactions raised in my previous column [FCW, Aug. 23]. Many government agencies are authorized to use revolving funds to support specific operations. Agencies have the authority to use these funds without regard to fiscalyear limitatio
Digital Government
What fiscal rules apply to interagency transactions?
A reader raised the following question: Many government acquisitions are being accomplished through interagency transactions. For example, the General Services Administration manages several programs that support other agencies. Some of these programs employ a revolving fund that may be exempt from normal constraints on the use of appropriated funds. Does an interagency transaction allow the user to take advantage of these exemptions?
Digital Government
Likely changes for weighing contractor qualifications
A contractor asked the following question: I read that the Federal Acquisition Regulation may be changed to give contracting officers more say over companies' compliance with environmental and other laws. What is this about? How much of a change is this going to be? This question relates to the rec
Digital Government
When is collective bargaining appropriate?
The following issue was raised by a contractor's representative: In many companies, employees are allowed to form unions and bargain collectively with management. However, union organizing is uncommon in the government contracting community. Why is that? When, if ever, are government contractor emp
Digital Government
How are vendors used in military conflicts?
The following topic is raised periodically by contracting professionals: Are there any restrictions on the use of contractors during war? Are there any rules on the employment of contractor personnel in military theaters? How are contractors used in military conflicts? Interest in this issue picks
Digital Government
What are the rules on spam?
A private organization asked the following questions: What are the rules on sending bulk e-mail? What does Virginia's new anti-spam law provide?
Digital Government
How fair is the FAIR Act?
A contractor asked the following questions: What does the FAIR Act require of government agencies? What is new in the act? How does it help contractors? How fair is it? The Federal Activities Inventory Reform Act (Pub. L. No. 105270, 112 Stat. 2382) was signed into law on Oct. 19, 1998. The act re
Digital Government
What is a claim under a government contract?
A company representative asked the following question: What constitutes a 'claim' under a government contract? For most government contracts, the Contract Disputes Act of 1978 (41 U.S.C. ?#038; Sect; 601, et seq.) establishes the procedures for the resolution of claims and disputes. The CDA requires that 'all
Digital Government
What are government's rights when a vendor defaults?
A contractor's representative raised the following topic: We have a fixedprice services contract with a federal agency that is not going as well as it might. What can the government do if we do not complete the contract? What are the government's rights when a contractor defaults?
Digital Government
What is stepped pricing?
In this column, I'd like to address the following points: What is stepped pricing? How new is it? How does it work? Recently, the concept of 'tier pricing' methodologies in government contracts has been discussed in Federal Computer Week. Such methods have been around for a long time. Indeed, a sig
Digital Government
Can agencies get credit for trade-ins?
The following topic was raised by a vendor representative: Can government agencies trade in used equipment for credit on new purchases? If so, what rules apply? In general, federal government agencies are authorized to take advantage of the tradein allowances that are offered by many commercial co
Digital Government
Why can't agencies buy on credit?
In my latest column on shareinsavings contracts [FCW, Feb. 22], I referenced the prohibition on government contracting in advance of appropriations. The following questions are related to that topic: What is a contract in advance of appropriations? Why is it prohibited? Why can't government agenc
Digital Government
What is share in savings?
Several government and industry representatives recently raised the following questions: What are shareinsavings contracts? What rules apply to them? This is another topic that shows how difficult it can be to discuss complex issues in general terms. Everyone seems to be in favor of shareinsavi
Digital Government
How can winners defend awards?
The following topic was raised by a company representative: What is the role of the apparently successful offeror when a procurement decision is challenged in federal court? This is another seemingly straightforward question to which the answer is anything but straightforward. To pursue an action i
Digital Government
Who to blame for the Y2K problem?
The following question is one I raised at a recent conference: The federal government is spending billions of dollars to fix the Year 2000 problem. The only reason for this problem is the fact that computer programmers routinely truncated the common fourdigit representation of years to a twodigit
Digital Government
What is a preferential procurement source?
A government employee raised the following topic: All government agencies are required to purchase certain items from designated 'preferential procurement sources.'
Digital Government
What are implied contracts?
A reader asked the following question: What are implied contracts? What rules are applicable to them? Any discussion of implied contracts must start with the idea of an express contract. An express contract is any binding agreement between two parties, both of whom understand and intend to enter in
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