Fiscal Law Resources

Posted on Feb 11, 2012 in Fiscal Law, References

Comptroller General Decisions

Search GAO decisions

DoD Comptroller

DoD Financial Management Regulation 7000.14-R

Principles of Federal Appropriations Law (Red Book)

Volume I, 3rd Ed., January 2004
Annual Update to Volume I, April 2006
Volume II, 3rd Ed., February 2006
Volume III, 2nd Ed., November 2004
Volume IV, 2nd Ed., March 2001
Volume V, 2nd Ed., April 2002
Index and Table of Authorities, October 2006

GAO Appropriations Law Training

2006 Appropriations Law Year in Review
2005 Appropriations Law Year in Review
Public / Private Partnerships (2006)

U.S. Army Judge Advocates General School

Fiscal Law Course Deskbook (Oct 2006) (9.2 mb)
Comptroller’s Course (2006) (3.4 mb)

Defense Procurement Links

Posted on Feb 11, 2012 in Acquisition Links

Here are some basic links to defense procurement websites.

Legislation

U.S. Code (LII Cornell Law School)
U.S. Code (GPO)
U.S. Code (House Law Revision Counsel)
THOMAS (Congressional)

Procurement Policy Documents

OMB Circulars
DoD 5000 Series
Defense Procurement and Acquisition Policy

Defense Agency Contracting Sites

Defense Acquisition Portal
U.S. Army Contracting Agency
Air Force Acquisition
DoN Acquisition One Source
Missile Defense Agency

Procurement Regulations

FAR & DFARS
Search the FAR and DFARS
Federal Procurement Regulations, * 48 CFR (2010)
Federal Procurement Regulations, * 48 CFR (2011)

Status of Open FAR Cases
Status of Open DFARS Cases
DFARS Cases Out for Public Comment

Protest Decisions

COFC decisions
GAO Protest decisions

Contract Disputes Act Decisions

COFC decisions
ASBCA decisions
CBCA decision

Government Contracting Websites

GW Law School Library Contracting Links
PubKLaw

Final DFARS Rule on OCIs

Posted on Dec 29, 2010 in DFARS

DoD issued a final rule today amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 207 of the Weapon Systems Acquisition Reform Act of 2009.  Section 207 addresses organizational conflicts of interest in major defense acquisition programs (MDAPs).

DFARS 209-571
DCN Comment: The new DFARS OCI rule applies only to major defense acquisition programs (MDAPs) and pre-MDAP programs.  The current OCI rules in FAR 9.5 still apply as well (except when they conflict with the new DFARS rule).  Expect further changes to federal OCI rules as the long overdue FAR Case 2007–018 wends it way through the final phases of the regulatory process.  Look for simplification of the OCI rules with these changes likely:  (1) “Unequal access to information” will remain a concern in source selection but no longer called an OCI.  (2) “Impaired objectivity” will be treated as a contract performance issue giving the contracting officer discretion to accept this OCI.  (3) The so-called “biased grounds rules” OCI will continue to be an unacceptable and unmitigable OCI since it can undermine the integrity of the source selection process.

FY 2011 National Defense Authorization Act

Posted on Dec 22, 2010 in Defense Appropriations

On December 17, the U.S. House approved the National Defense Authorization Act (NDAA) for 2011, H.R. 6523, by a vote of 341 to 48.  The Senate struck Title XVII, the Guam World War II Loyalty Recognition Act.  The House approved the amended version of the NDAA on December 22.

The 192 page Joint Explanatory Statement provides some legislative history.

The NDAA incorporates the Improve Acquisition Act of 2010 – Sets forth provisions concerning: (1) civilian management of the defense acquisition system; (2) acquisition related functions of chiefs of the armed forces; and (3) performance assessments of the defense acquisition system.

Continuing Resolution Through March 4, 2011

Posted on Dec 22, 2010 in Defense Appropriations

On December 19, the U.S. Senate amended H.R. 3082, a Continuing Resolution (CR) that would allow continued government operations through March 4, 2011.  The previous CR expired on December 21.

On December 22, the U.S. House of Representatives passed a Continuing Resolution (CR) to keep the government operating until March 4, 2011 by a vote of 193 to 165.  The bill was passed by the Senate earlier in the day by a vote of 79 to 16.   Under the CR, funding would continue at FY 2010 enacted levels for most programs.

There were nine version of H.R. 3082.  The ninth and final version is the enrolled version below.  See also the Senate summary.

Fascinating is outgoing Congressman Obey’s statement lamenting that he was forced to vote for such an imperfect bill.  As Chairman of the House Appropriations Committee, wasn’t it one of his key responsibilities to timely enact appropriations?

Principles of Federal Appropriations Law

Posted on Jul 25, 2010 in Fiscal Law

*Interactive pdf version with hypertext links

Berry Amendment

Posted on Jan 2, 2007 in Legislation, Policy

Section 842 of the Defense Authorization act for FY 2007 (Pub. L. No. 109-364), created a new section, 10 USC 2533b, addressing strategic materials in defense procurements. Section 841, the legislative history, and December 6, 2006, DoD class deviation can be downloaded here.

Section 842 reaffirms that any specialty metal (e.g., raw stock) acquired directly by the government or by a prime contractor for delivery to the government, must be melted or produced in the United States. This restriction applies to all tiers of subcontractors when acquiring aircraft, missile and space systems, ships, tank and automotive items, weapons systems, or ammunition.

The new provision restricts not only the procurement of the specialty metal in these items, but restricts procurement of the end items, and components thereof, that contain specialty metal. For contracts awarded after November 15, 2006, this ends the practice of withholding payment while conditionally accepting noncompliant items in these categories.