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Federal Construction Contracting Blog

Federal Construction Contracting Blog
The purpose of this blog is to give the construction industry the benefit of our insights about the latest developments in federal construction contracting.
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Articles

HUBZone Priority Upheld by the Courts
2010-08-27 20:41:00
By: Edward T. DeLisle On August 13th, the Court of Federal Claims temporarily ended a controversy regarding how agencies go about setting aside contracts for certain qualified small businesses. DGR Associates, Inc. v. United States involved a decision by the Air Force to issue a set aside contract for qualified 8(a) companies. The project involved housing maintenance, inspection services and repairs at Eielson Air Force Base in Alaska. The solicitation was challenged by a HUBZone contractor who claimed that the Air Force violated the Small Business Act by failing to give priority to HUBZone contractors. Specifically, the protesting contractor claimed that when the HUBZone program was established in 1997, the legislation required agencies to consider setting aside contracts for HUBZone contractors prior to considering any other small and/or disadvantaged companies for such contracts. The enabling statute for the HUBZone program states the following: Notwithstanding any ot...
More About: Courts
Legislation Grants Public Access to the Federal Awardee Performance and Int
2010-08-24 17:10:00
By: Michael H. Payne & Elise M. Carlin As recently reported in Washington Technology, on July 29, 2010, President Obama signed the Supplemental Appropriations Act for 2010 into law. This legislation amends the Clean Contracting Act of 2008, and allows the public to access the Federal Awardee Performance and Integrity Information System (FAPIIS), previously off-limits to anyone other than chairmen and ranking members of congressional committees. Under the new law, with the exception of contractors’ past performance evaluations, all information will be available for viewing online. What Is FAPIIS? Effective April 22, 2010, FAPIIS was established as part of the 2009 Defense Authorization Act. FAPIIS is managed by the General Services Administration, and was launched as “part of an ongoing initiative by the Administration to increase consideration of contractor integrity and the quality of a contractor's performance in awarding Federal contracts.”...
More About: Public , Grants , Access , Legislation
Recent GAO Decisions Highlight the Importance of Meaningful Discussions wit
2010-08-04 17:22:00
By: Michael H. Payne & Elise M. Carlin Each year, a significant number of bid protests filed at the GAO are the result of inadequate discussions. Recent ly, the GAO released two decisions which reiterated the importance of holding meaningful discussions that do not mislead offerors during negotiated procurements. The purpose of holding discussions in negotiated procurements is to maximize the best value to the government. Discussions are held to give offerors in the competitive range an opportunity to revise their bids to make them more competitive. The Federal Acquisition Regulation (the "FAR") defines discussions and in what context they occur with an offeror: Negotiations are exchanges, in either a competitive or sole source environment, between the Government and offerors, that are undertaken with the intent of allowing the offeror to revise its proposal. These negotiations may include bargaining. Bargaining includes persuasion, alteration of assumptions and...
The Tradeoff Process in Best Value Procurement
2010-07-15 16:01:00
By: Michael H. Payne It is not uncommon, in best value negotiated procurements, for a solicitation to announce that the technical evaluation factors, collectively, are more important than price.  Construction contractors, of course, still remember the days of sealed bidding where the lowest bidder received the award and they are not very receptive to hearing about a subjective technical evaluation that results in an award to a higher priced proposal.  Nevertheless, the Federal Acquisition Regulation allows an award to a higher priced proposal, provided that an appropriate price/technical tradeoff has been made by the agency. According to FAR 15.101-1(a), “A tradeoff process is appropriate when it may be in the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror.”  The regulations go on to provide, in FAR 15.101-1(b), that when using a tradeoff process, the following...
A Postaward Debriefing is Important
2010-07-12 16:38:00
By: Michael H. Payne In a negotiated procurement, where a contractor submits a proposal in response to an RFP (Request for Proposals), FAR 15.506(a)(1) states that “An offeror, upon its written request received by the agency within 3 days after the date on which that offeror has received notification of contract award in accordance with 15.503(b), shall be debriefed and furnished the basis for the selection decision and contract award.” It is a good idea to request a debriefing if you did not receive the award because you may learn something that will help you to improve your next proposal, or you may learn that you were treated unfairly and that you may have a basis to file a protest. The offeror who was awarded the contract should also request a debriefing because there may be information about how the proposal can be made even better the next time. In addition, if a disappointed offeror files a protest, an awardee may be in a better position to defend a protest after ...
SBA Proposes Rule to Expand Federal Contracting Opportunities for Women-Own
2010-05-25 16:02:00
By: Edward T. DeLisle & Lori Wisniewski Azzara On March 4, 2010, the Small Business Administration released a proposed rule that, if adopted, would significantly expand federal contracting opportunities for eligible women-owned small businesses (“WOSB”). The SBA conducted a study that identified 83 industries, based upon the NAICS code, in which WOSBs are either “underrepresented” or “substantially underrepresented.” Those industries include construction and design-related services, among others. The proposed rule allows for contracting officers to restrict competition to eligible WOSBs, thereby ensuring that they have an equal opportunity to participate in federal contracting opportunities. The proposed rule specifically authorizes the restriction of competition to WOSBs where the anticipated award does not exceed $5 million for manufacturing contracts and $3 million for all other contracts. “Women -owned small businesses are one of t...
More About: For Women , Opportunities
Important HUBZone Employee Definition Change
2010-05-19 20:12:00
By: Lane F. Kelman On May 3, 2010, the SBA's definition of the term "employee" of a Historically Underutilized Business Zone ("HUBZone") was amended. The new definition establishes a more definitive but stringent reading of when a person is considered an employee for HUBZone eligibility purposes. (See the SBA's HUBZone regulations). The construction industry in particular will be impacted. The amended definition states: Employee means all individuals employed on a full-time, part-time, or other basis, so long as that individual works a minimum of 40 hours per month. This includes employees obtained from a temporary employee agency, leasing concern, or through a union agreement or co-employed pursuant to a professional employer organization agreement. SBA will consider the totality of the circumstances, including criteria used by the IRS for Federal income tax purposes and those set forth in SBA's Size Policy Statement No. 1, in determining whether individuals ...
More About: Change , Definition
The White House Acts
2010-05-11 16:01:00
By: Edward T. DeLisle On April 26, 2010, President Obama issued an executive order to study the way in which the government provides assistance to veteran-owned and service-disabled, veteran-owned businesses. This executive order could not have come at a better time. It appears that the government has a two-fold problem: achieving federally mandated goals for veteran-owned and service-disabled companies and eliminating fraud in its small business programs, generally.  On April 30, 2010, the Government Accountability Office issued a report to the House of Representatives, Small Business Committee concluding that fraud continues to run rampant in the government's small business programs. In an investigation conducted between October of 2008 and January of 2010, the GAO identified fourteen (14) companies that falsely held themselves out as 8(a) eligible and secured work through the government's set-aside programs.  The work obtained by their companies totaled $325...
More About: White House , White
GAO Issues Report on President's 2011 Budget Proposal for Corps of Engineer
2010-04-30 19:21:00
By: Joseph A. Hackenbracht On April 2, 2010, the Government Accountability Office responded to a request from the House Subcommittee on Energy and Water Development to evaluate “whether the President’s recent budget requests for the Corps are presented so that agency priorities are clear and proposed use of funds transparent.” In its analysis, the GAO reviewed the Corps’ internal review guidance for fiscal year 2011 and interviewed Corps’ officials at the Headquarters office and all Division offices. The GAO concluded that the Corps’ budget presentation continues to lack transparency and should provide key information that would be useful for Congress’ review of the budget. GAO believes that the Corps should provide two types of project-level information: first, information on projects previously funded that may still have resource needs; and second, information on the amount of unobligated appropriations remaining on previously funded...
More About: Proposal , Issues , Report , Budget
Provisions Added to the FAR Concerning Use of Project Labor Agreements
2010-04-26 22:55:00
By: Joseph A. Hackenbracht On April 13, 2010, the FAR Council published in the Federal Register a Final Rule that adds a new section to the Federal Acquisition Regulation – Subpart 22.5 – Use of Project Labor Agreements for Federal Construction Projects. The Final Rule implements Executive Order 13502, which President Obama signed on February 6, 2009, encouraging Federal agencies to consider the use of a project labor agreement (“PLA”), on large construction projects. Use of project labor agreements by Federal agencies had been curtailed by an Executive Order issued by President Bush in 2001. (See earlier blog article dated February 10, 2009 for more information). As of May 13, 2010, Contracting Officers can include in solicitations for construction projects clauses FAR 52.222-33 and FAR 52.222-34 that will require an offeror to negotiate a PLA and that will “bind the offeror and all subcontractors engaged in construction on the project to comply with...
New VA Veteran-Owned Small Business Verification Guidelines
2010-02-21 19:47:00
A Final Rule governing Service Disabled Veteran -Owned small Business Concerns (“SDVOSB”) was published in the Federal Register on February 8, 2010. This law requires the Department of Veterans Affairs (“VA”) to verify ownership and control of veteran-owned small businesses, including service-disabled veteran-owned small businesses. The final rule also defines the eligibility requirements for businesses to obtain “verified'' status, explains examination procedures, and establishes records retention and review processes. As reported by Jason Miller, the Executive Director of Federal News Radio in an article published in the SDVOSB Blog, Veteran-Owned and Service Disabled Veteran-Owned Small Business es must have only one business in the federal contract set-aside program and work in that business full time. The article, entitled “VA Sets Rules for Set-Aside Program,” also emphasizes that “The net effect of this change is that a company ...
The Government Cannot Simply Disregard a Lower-Priced Proposal When Making
2010-02-06 18:11:00
By: Lane F. Kelman In making an award on initial proposals, is a tradeoff only between the two (2) highest-rated, highest-priced proposals appropriate?  The GAO, in a recent decision,Coastal Environments, Inc., B-401889, dated December 18, 2009, provides important clarification.  The decision beckons closer scrutiny of awards by unsuccessful offerors. In Coastal Environments, Inc., the RFP identified six (6) evaluation factors in descending order of importance: (1) personnel and company qualifications, (2) management capability, (3) technical excellence, (4) past performance, (5) small business participation, and (6) price; the RFP also identified several subfactors under the non-price evaluation factors. Award was to be made to the responsible offeror whose proposal was determined to represent the “best value” to the government, all factors considered. Eight proposals were received and evaluated using the adjectival rating system.  The contracting officer...
More About: Government , Proposal , Simply , Lower
How to Win Federal Construction Contracts with Teaming Arrangements
2010-01-25 06:24:00
A seminar on “How to Win Federal Construction Contracts with Teaming Arrangements” is being held on February 23, 2010, at the Hyatt Regency Grand Cypress Hotel in Orlando, Florida. The program is scheduled to take place from 8:00 a.m. to 1:00 p.m. and the seminar fee is $195, with a fee of $95 for additional people from the same company. As contractors are well aware, the world of federal construction contracting has changed. Sealed bidding has largely given way to contracting by negotiation (“best value’), and the government is using task order contracts for construction more frequently. These large dollar value multi-year procurements are often beyond the economic reach of many small and medium-sized contractors. The negative effect on small businesses has not gone unnoticed. The way to survive and thrive in this new world of federal construction contracting is to engage in various forms of teaming arrangements. These include joint ventures, committed subco...
Obama's Message to Federal Contractors: "Pay Your Taxes"
2010-01-22 07:13:00
By: Edward T. DeLisle On Wednesday, January 20, 2010, President Obama signed a presidential memorandum directing the Internal Revenue Service to conduct an audit of all federal contractors.  As reported by Nextgov.com, the audit is designed to identify those federal contractors that have failed to pay taxes and prevent them from obtaining additional federal work.  The IRS is required to issue a report on its findings within ninety (90) days. Calling out “deadbeat companies” that are being awarded government contracts while delinquent in their taxes, President Obama’s memorandum is intended to stop these companies from collecting government contracts while they are “gaming the system.”  Studies by the Government Accountability Office have identified tens of thousands of such companies that, collectively, owe more than $5 billion in back taxes, the president said. Edward T. DeLisle is a Partner in the firm and a member of the Federal Contra...
More About: Taxes , Message
The HUBZone Program and Federal Construction
2010-01-15 20:09:00
By: Michael H. Payne and Edward T. DeLisle In order to qualify as a Historically Underutilized Business Zone (“HUBZone”) contractor, a firm must be a “small business” based on the size standards provided by the North American Industry Classification System (NAICS); the firm must be at least 51% owned and controlled by citizens of the United States; the firm's principal office (where the greatest number of employees perform their work, excluding contract sites) must be located in a designated HUBZone; and at least 35% of the firm's total workforce must reside in a designated HUBZone. In construction, a company does not need to include its temporary, project specific, field labor force among the 35% of its employees who must reside in a HUBZone.   (See the SBA's HUBZone regulations). The program encourages small businesses to locate in and hire employees from economically disadvantaged areas. Small firms participating in the program can receive com...
More About: Construction , Program
Recovery of Costs for Acceleration
2010-01-11 20:45:00
By: Michael H. Payne and Craig A. Schroeder Acceleration is defined as a directive to increase efforts in order to complete performance on time, despite excusable delay.  If the government does not agree that the contractor is entitled to acceleration costs, a contractor must file a request for an equitable adjustment (“REA”), or a claim under the Contract Disputes Act.  Although different formulations have been used in setting forth the elements of constructive acceleration, the Court of Appeals for the Federal Circuit has generally described the requirements to include the following elements, each of which must be proved by the contractor: (1) that the contractor encountered a delay that is excusable under the contract; (2) that the contractor made a timely and sufficient request for an extension of the contract schedule; (3) that the government denied the contractor's request for an extension or failed to act on it within a reasonable time; (4) that the go...
More About: Recovery
The Potential Third-Party Liability of a Federal Construction Contractor
2009-12-18 11:10:00
By: Michael H. Payne and Craig A. Schroeder There has been a great deal of interest in the potential liability that a government contractor has for harm to third parties during or following the performance of a federal construction project.  Although the government frequently enjoys sovereign immunity, the transfer of the government’s immunity to a contractor is certainly not automatic and, when it applies, it is generally the result of what has come to be known as the “Government Contractor Defense.”  The applicability of that defense to a federal construction contractor is an open question that is beyond the scope of this article, however, but two recent cases have been decided in New Orleans that address the subject of contractor immunity from third party suits.  These new cases both arise from the same construction project, the Mississippi River Gulf Outlet (the “MRGO”). The first case, In Re Katrina Canal Breaches Consolidated Liti...
More About: Party , Construction
The Danger of Involving Former Government Employees in Contractor Proposal
2009-12-12 13:38:00
By: Lane F. Kelman As opportunities in the private sector remain, at best, stagnant, the public sector has become increasingly competitive. The desire to gain a competitive advantage, however, must be tempered by compliance with ethical obligations. When attempting to gain a competitive advantage, it is crucial to avoid the appearance that your advantage is unfair. A recent decision by the GAO, Health Net Federal Services, LLC, highlights the balance that must be had when you seek a competitive advantage and the risk if the balance is not maintained. On November 9, 2009, the GAO sustained the bid protest of Health Net Federal Services, LLC (HNFS) of the award of a contract to Aetna Government Health Plans, LLC (AGHP). HNFS and AGHP issued offers in response to request for proposals issued by the Department of Defense TRICARE Management Activity (TMA) for T-3 TRICARE managed health care support services. TRICARE is a managed health care program implemented by the Department of Defens...
More About: Employees , Proposal , Danger
Fraud, Abuse and the Service-Disabled Veteran-Owned Small Business Program
2009-12-04 20:38:00
By: Edward T. DeLisle In recent testimony provided to the House of Representative’s Committee on Small Business , a disturbing fact was revealed: millions of dollars earmarked for Service -Disabled Veteran-Owned Businesses (“SDVOSBs”) have been paid to companies that do not qualify for the program. Compounding the problem is the fact that insufficient fraud-prevention programs exist to effectively combat such abuses. This was the conclusion reached by United States Government Accountability Office (the “GAO”) following a case study that included an investigation of ten (10) companies claiming SDVOSB eligibility. In 2008 alone, $6.5 billion in federal contracts were awarded to companies that self-certified themselves as SDVOSBs. While this figure only represents 1.5% of all government contracts paid in that fiscal year, it is still a very large number. If the federal government ever attains its mandated goal of 3%, many more billions will become available ...
More About: Abuse , Fraud , Small Business
Federal Construction Contracting - Does a Newcomer Have a Chance?
2009-10-26 02:04:00
The recent decline in non-federal construction opportunities has resulted in a rapidly growing interest in the federal contracting market. The much-publicized American Recovery and Reinvestment Act of 2009 (“ARRA”), often referred to as the “Economic Stimulus Program,” has made billions of dollars available to federal agencies to fund construction projects. Add to that the billions of dollars being spent on the Hurricane & Storm Damage Risk Reduction System in New Orleans (‘HSDRRS”), the Base Realignment & Closure program (“BRAC”), and countless other military and civil works construction programs nationally, and it is easy to see why the federal market is generating so much interest. These federal opportunities are not necessarily easy for contractors to take advantage of, however, because increased opportunities have been accompanied by increased competition. If your company is interested in getting into federal contracting f...
More About: Chance , Construction
Court of Appeals Keeps MATOC Alive
2009-10-06 13:30:00
The Court of Appeals for the Federal Circuit has decided two cases that assure the continued use of the Multiple Award Task Order Contract (“MATOC”) in federal construction contracting. In the first case, Weeks Marine, Inc. v. United States, the United States Court of Federal Claims decided a bid protest in favor of Weeks Marine.  The protest challenged the right of the South Atlantic Division of the Corps of Engineers to use MATOC procurement to solicit all maintenance dredging and shore protection projects for the next five years by establishing a MATOC pool of contractors who would compete for projects solicited on a task order basis.  The Protester contended, and the Court agreed, that since sealed bidding had been used successfully in the procurement of dredging for many years, there was no basis to use contracting by negotiation, much less MATOC. The Court found that the Corps’ Acquisition Plan did not provide a rational basis for a departure from s...
The Impact of Protests and Claims on the Evaluation of Past Performance
2009-10-05 04:47:00
Contractors continue to be concerned about the impact that the filing of protests or claims will have on their past performance evaluations in negotiated procurements.  While it is never a good idea to file a frivolous protest or claim, it is improper for procurement officials to downgrade past performance evaluations simply because a contractor has exercised a right afforded by law and regulation.  In fact, the Office of Management and Budget issued a Memorandum for Senior Procurement Executives on April 1, 2002, and stated that “. . . the filing of protests, the filing of claims, or the use of ADR, must not be considered by an agency in either past performance evaluations or source selection decisions.”  The Memorandum went on to provide that contractors may not be given “downgraded past performance evaluations for availing themselves of their rights by filing protests and claims or for deciding not to use ADR; and Contractors may not be given more...
More About: Performance , Evaluation , Past , Claims
Compulsory E-Verify Program for Federal Contractors Starts September 8, 200
2009-09-04 18:27:00
By:  Michael H. Payne and Craig A. Schroeder   Effective September 8, 2009, federal contractors awarded new contracts of $100,000 or more with a performance period of longer than 120 days will be required to use E-Verify, an internet-based system that allows employers to electronically verify the employment eligibility of their newly hired employees.  In addition, affected contractors will also be required to confirm the employment eligibility of their current employees who perform contract services for the federal government within the United States. The contractor and any covered subcontractors on the project are required to enroll in the E-Verify program within 30 calendar days of the contract or subcontract award date.  The rule only covers subcontractors if a prime contract includes the E-Verify clause (73 FR 67704, available at http://www.acquisition.gov/far/current/ht ml/52_222.html#wp1156645).  For subcontracts that flow from those prime contracts, th...
More About: Program , Contractors
Website for American Recovery and Reinvestment Act (ARRA) Reporting Now Ope
2009-08-18 22:33:00
In an earlier blog we discussed what the ARRA meant for Federal Construction Contractors, and noted that the reporting would be over the internet, once the government had its website up and running. On Monday, August 17, 2009, recipients of economic stimulus funds were notified that they now can access the website www.federalreporting.gov and register. Registration is necessary before the site will permit recipients to file reports, which begins on October 1, 2009. In addition to completing the registration process on the website, recipients also must obtain a Federal Reporting Personal Identification Number (FRPIN). Instructions on how to obtain a FRPIN can be found at http://www.recovery.gov/?q=content/recipi ent-reporting. The Government has published a 32 page guide to assist recipients in the registration process. The government has indicated that anyone interested in reviewing the reports filed by recipients of Stimulus funding will be able to do so beginning on October 11, 200...
More About: Website , Recovery , American
Federal Green Construction and the Stimulus Act
2009-08-04 18:16:00
By: Lane F. Kelman and Christopher Soper As part of the American Recovery and Reinvestment Act of 2009 (the "Stimulus Act") the General Services Administration's ("GSA") Public Building Service was authorized to invest 4.5 billion dollars to transform federal facilities into exemplary, high-performance green buildings. The allocated money is scheduled to be awarded in its entirety within the next two (2) years. A list of proposed projects in all fifty states has already been submitted to Congress. These designated projects are intended to improve energy efficiency, conserve resources over the long-term, provide models of high-performance green design and reduce the government's reliance on costly operating leases. While the government's attempt to transition to high-performance green buildings is a noble goal, it presents federal contractors with a unique set of challenges. Federal contractors interested in these green construction projects should be prepared...
More About: Green , Construction
Government Held Responsible for "Utter Silence"
2009-08-03 22:54:00
An Armed Services Board case, ADT Construction Group, Inc., involves an appeal from a contracting officer's final decision denying a claim for $826,725.16 and a 278-day time extension. The contractor had filed a claim for pre-construction delays arising out of a contract for the design and construction of a munitions maintenance facility at Nellis Air Force Base, Nevada. Although the contract in question was ultimately terminated for default and appealed to the Board (ASBCA No. 55358), the termination appeal was suspended pending the outcome of the appeal on the underlying delay claim. The Board obviously concluded that the merits of the underlying delay claim could have an effect on the merits of the termination for default. Although the Board found that some of the delay was the fault and responsibility of the Government , we were particularly interested in the Board's conclusion about the contractor's right to pursue "fast track." After drafting the solicitation the g...
More About: Silence
Corps of Engineers Announces Recovery Act Projects
2009-07-24 22:05:00
The U.S. Army Corps of Engineers has posted the Civil Works projects that it intends to fund from the appropriations Congress provided in the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) on its website. In order to spend its $5 billion slice of the $787 billion stimulus pie, the Corps selected approximately 178 Construction projects and 892 Operation and Maintenance projects, nine Formerly Utilized Sites Remedial Action Program (FUSRAP) projects. These projects or useful increments of these projects will be completed with stimulus funding.   The only state that is not slated to receive any stimulus projects is Wyoming, because no eligible work on any ongoing Civil Works activity was presently available. The Corps applied the selection criteria which largely revolved around contracts that could be awarded and completed quickly. The wide geographic distribution of selected projects spreads the employment and other economic benefits across the United States and a...
More About: Projects
The American Recovery and Reinvestment Act of 2009: What it Means for Feder
2009-05-16 16:33:00
Co-authored by Michael H. Payne and Craig A. Schroeder On February 17, 2009, the President signed Public Law 111-5, the American Recovery and Reinvestment Act of 2009 (also known as “ARRA,” the “Recovery Act,” and the “Stimulus Act”), including a number of provisions to be implemented in Federal Government contracts.  The Recovery Act’s purposes are to stimulate the economy and to create and retain jobs. The Act gives preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds made available by it for activities that can be initiated not later than June 17, 2009.  An Interim Rule issued on March 31, 2009, implements section 1512, which is also known as the ``Jobs Accountability Act.''  Subsection (c) of section 1512 requires contractors that receive awards (or modifications to existing awards) funded, in whole or in part, by the Recovery Act to report q...
Department of Defense Expenditure Plan Provides Tremendous Opportunities fo
2009-03-25 10:13:00
Although many aspects of our economy are suffering, the federal construction market will most certainly be booming.  On Friday March 20, 2009, the Department of Defense issued a 191 page Report to Congress detailing how it plans to spend the money it has received as part of the American Recovery and Reinvestment Act of 2009, also known as the “Stimulus Package.”  The DoD has “identified specific investments in construction, facility improvements, and energy efficiency projects that will help improve the quality of life for our troops and their families.” Included in the Report is a very detailed breakdown of how the money will be spent. For each project anticipated, the included spreadsheet provides cost, a brief description of the work, and the project location The Recovery Act includes approximately $7.4 billion in Defense-related appropriations, which accounts for less than 1 percent of the total $787 billion stimulus package.  The Departmen...
More About: Opportunities , Plan
Obama Issues Memorandum Ordering Reduced Wastefulness in the Federal Procur
2009-03-10 14:34:00
On February 18, the Office of Management and Budget (“OMB”) director Peter Orszag issued guidance to agencies regarding the administration of federal Stimulus funds. Just this past week, on March 4, President Obama signed a memorandum designed to reform federal government contracting. These directives mark the beginning of reform in the world of government contracting, and reflect the greater accountability and transparency the new administration promises to American taxpayers. The OMB memo requires agencies to submit spending and performance data to the new website http://www.recovery.gov on a regular basis. The website is a web portal that demonstrates exactly how the Stimulus funds are being spent, and it calls itself the “centerpiece” of efforts to implement the American Recovery and Reinvestment Act with “accountability and transparency.” In a video message to Americans on the website, President Obama pledges greater accountability and transp...
More About: Issues
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