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August 30, 2017 By AMK

Agency reports due September 15 on compliance with Buy American laws

On April 18, 2017, President Trump ordered federal agencies to prioritize procurement of domestically produced goods, assess agency compliance with “Buy American” laws, and minimize the use of waivers.

As noted in an earlier Public Policy and Law Alert, the President’s order could have far-reaching implications for U.S. policies on government procurement.

Office of Management and Budget (OMB) Director Mick Mulvaney and Commerce Secretary Wilbur Ross recently issued guidance to agencies outlining evaluation and reporting requirements regarding enforcement of domestic preferences in accordance with Buy American laws. Secretary Ross will provide a final report to the President by November 23, 2017.

Agency reports, due September 15, 2017, should address a wide range of issues related to the implementation of and compliance with Buy American laws.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=613906

Filed Under: Government Contracting News Tagged With: Buy American Act, Commerce Dept., OMB

July 10, 2017 By AMK

Agencies must be in compliance with ‘Buy America’ order by September

The Office of Management and Budget and the Department of Commerce released guidance on June 30, 2017 to instruct agencies how to enforce President Trump’s “Buy America” executive order. 

The April 18, 2017 executive order required agencies to review and assess free trade agreements with foreign government contractors, closing loopholes in those agreements that might provide a competitive edge over domestic competition.

The guidance outlines statutory exemptions, including:

  • Domestic­ non-availability of procurements.
  • Unreasonable cost of domestic procurements.
  • The purchase of commercial IT.
  • The resale of a procurement.
  • If there is a public interest determination.

Keep reading this article at: http://www.federaltimes.com/articles/omb-guidance-for-buy-american-order-calls-for-september-compliance-reports

Read OMB’s guidance at: https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-27_assessment_enforcement_domestic_preference_buy_american_laws.pdf

Filed Under: Government Contracting News Tagged With: Buy American Act, Commerce Dept., competition, domestic content preference, domestic products, Executive Order, free trade, OMB

June 27, 2017 By AMK

Former Commerce systems security official convicted of bribery scheme

A federal jury has convicted a former information technology official with the Department of Commerce of conspiracy to pay and receive bribes, and acceptance of bribes by a public official.

According to court records and evidence presented at trial, Raushi J. Conrad served as the Director of Systems Operation and Security within the Bureau of Industry and Security (BIS), a branch of the U.S. Department of Commerce. In that position, Conrad was designated to oversee and manage a project whereby computer files were transferred from an old BIS computer network that had been infected by a virus to a new, uninfected network. Conrad was also to ensure that the transferred files were free of viruses and, in some instances, retained the full functionality of the files that had resided on the old network.

“Conrad took bribes in exchange for official acts,” explained Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “The contracting process should be one of integrity and fairness, and this case should send a strong message that public corruption will be vigorously prosecuted.”

According to court records and evidence presented at trial, while serving as the project manager for the data migration project, Conrad solicited and received bribes from James Bedford, a Virginia businessman, in return for steering a lucrative subcontract and contract to perform the data migration work to companies owned in whole or in part by Bedford. One of Bedford’s companies made $208,000 in payments to a restaurant business owned by Conrad, and many of these payments were concealed through false and fictitious invoices created by Conrad. The fake invoices made it appear that Conrad’s restaurant business had performed various services for Bedford’s company, when in fact no such services had ever been provided.

Bedford’s company also arranged for various subcontractors to perform over $7,000 worth of free renovation work at Conrad’s residence.

Bedford has pleaded guilty and is scheduled to be sentenced on June 30, 2017.

Conrad faces a maximum of 20 years in prison when sentenced on September 8. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Source: https://www.justice.gov/usao-edva/pr/former-commerce-employee-convicted-bribery-scheme

Filed Under: Government Contracting News Tagged With: abuse, bribe, bribery, Commerce Dept., conspiracy, corruption, fraud

August 28, 2015 By AMK

Cloud of sequestration looms over DC region

Five weeks before another round of deep Defense Department cuts is set to go into effect absent action from Congress, budget analysts and elected leaders throughout the region are renewing concerns about the Washington area’s reliance on Pentagon spending and the need to advance private sector growth in its place.

20131112_193738No state is more reliant on defense spending than Virginia, where it affects nearly 13 percent of the commonwealth’s economic output, tops nationwide, and provides the basis for 11 percent of jobs, third in the nation.

D.C. and Maryland also rank in the top 10 in Defense Department spending among states, with 6.9 percent and 5.8 percent of their output relying on defense respectively, according to a department report released last year.

In some ways Virginia is still reeling from automatic spending cuts known as sequestration that took place in 2013. The state’s gross domestic product had zero growth in 2014, according to a recent Department of Commerce report, third worst among states.

Keep reading this article at: http://www.washingtonpost.com/news/digger/wp/2015/08/23/cloud-of-sequestration-looms-over-d-c-region/

Filed Under: Government Contracting News Tagged With: budget, Budget Control Act, budget cuts, Commerce Dept., Congress, DoD, industrial base, sequestration, spending, spending controls

August 17, 2015 By AMK

Sorry Feds: You have to bring your own plates and forks to work

In a decision that was five years in the making, government auditors have ruled that federal employees are on their own when it comes to disposable cups, plates and cutlery.

GAO-GovernmentAccountabilityOffice-SealUpon reconsideration of a decision originally released in December, the Government Accountability Office determined appropriated funds at the National Weather Service “are not available to purchase such items since they constitute personal expenses of employees.” The NWS Employee Organization, which represents the agency’s workforce, has fought NWS management since 2009 to provide the eating accessories on the agency’s dime.

In September 2009, the Commerce Department and NWSEO signed a memorandum of understanding that the government would supply workers with eating utensils. Things went swimmingly until 2013, when Commerce announced it could no longer afford the perk. The union, however, refused to give up so easily.

Keep reading this article at: http://www.govexec.com/management/2015/08/sorry-feds-you-have-bring-your-own-plates-and-forks-work/119037

Filed Under: Government Contracting News Tagged With: Commerce Dept., FLRA, GAO, personal items

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