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DoD, GSA, and NASA are adopting as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act for Fiscal Year 2010. This section requires the head of an agency to execute and make public prior to award, the justification for an 8(a) sole-source contract in an amount exceeding $20 million.
Failing to Consider Licensing and Alternatives from Previous Procurements Can Be Construed as Failing to Properly Plan for an Acquisition In eFEdBudget Corp.,1 the Government Accountability Office (GAO) sustained a protest while highlighting the importance of acquisition planning.2 The GAO determined that the Department of State (DOS) gave up substantial rights in software that the incumbent contractor created under a developmental contract, and that DOS failed to explore the possibility of acquiring additional rights to software.3 The protester alleged the justification and approval (J&A) was deficient and that the agency unreasonably refused to consider eFedBudget's approach in using non-proprietary software.4 The GAO denied the protest on the grounds the protests alleged, but nev...
...(iv) Documentation, approval, and reporting requirements to monitor compliance ... should be supported by a written justification that clearly sets forth all of the relevant credit...
...Contracting agencies shall submit justification and receive approval from the FHWA before using th...
In Catel, Inc.,1 the Armed Services Board of Contract Appeals (ASBCA) provided a thorough discussion of the concepts of express, implied, and implied-in-fact contracts, as well as the authority of government officials to bind the government. Catel ultimately submitted a claim for over seventy thousand dollars, an amount including the government's use of the skiff for four hundred fifty-eight days, repair and replacement costs, and markups for overhead and profit. The government employee that entered into the agreement with Catel was not a warranted contracting officer, and had not yet been appointed as an alternate contracting officer's representative. The verbal agreement, including Catel's agreement "to allow [the government] to use the equipment with the expectation of future work...
... a promise of payment by the agency, or approval of payment by a senior agency official with author... limited the scope of the previous Justification and Approval (J&A) document to the specific number...
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