The document discusses the various types of contracts and agreements used by the US government to procure goods and services or provide financial assistance. It outlines 20 different types of contractual instruments for procurement ("contracts") and assistance ("assistance agreements" like grants and cooperative agreements). The document then provides brief descriptions of major contract types like fixed-price and cost reimbursement contracts. It also describes assistance agreements and other transaction agreements, noting their differences from contracts. Finally, it proposes a custom solution for commercial product labs to obtain federal R&D funding by combining elements of different agreement types.
The document summarizes recent developments regarding mutual funds investing in commodities. Specifically, it discusses:
1) A Senate hearing where Senators criticized the IRS for private letter rulings allowing mutual funds to invest in commodities through offshore subsidiaries, claiming this maneuvered around rules limiting commodity investments.
2) In response, the IRS suspended new private letter rulings on this issue and will re-examine whether such income should be considered qualifying income for mutual funds.
3) This action creates uncertainty for mutual funds' ability to invest in commodities until the IRS issues new guidance.
This document provides an overview of how the government buys goods and services in three parts. Part 2 discusses the primary contracting methods used by the government, including micro-purchases, simplified acquisition procedures, sealed bidding, contracting by negotiation, and consolidated purchasing programs. It also covers the main types of contracts, such as fixed price, cost reimbursement, incentive, indefinite delivery, time and materials, and agreements. The goal is to help small businesses understand the standardized procedures and rules that govern government procurement.
Understanding Federal Contracting. This presentation is not my original work. It is a very good presentation by Aaron C. Sams. I am sure it will be helpful to a lot of people trying to start a small business and win Federal contracts. Thanks to Aaron C. Adams
Jeff Sneddon has attended every GRO-Biz conference. He is a wealth of knowledge when it comes to government contracting! Learn the basics on government contracting.
Gsa schedules gov alliance presentationBrent Smith
The document provides information about GSA Schedules, which are indefinite delivery, indefinite quantity governmentwide acquisition contracts awarded by the General Services Administration (GSA). GSA Schedules allow federal agencies to purchase pre-negotiated commercial products and services, simplifying the procurement process. Eligible purchasers include federal agencies, government contractors, and certain institutions. The document outlines the benefits of GSA Schedules for both government customers and contractors.
This document discusses the evolution of the IRS's approach to cost sharing arrangements and related court cases. It describes how the IRS has increasingly scrutinized these arrangements to prevent the transfer of valuable intangible property to low-tax jurisdictions at the detriment of the US tax base. Specifically, the IRS has changed rules around calculating R&D costs to be shared and buy-in payments for pre-existing intangibles. This has led to conflicts resolved in courts and uncertainty around constructing compliant cost sharing arrangements going forward.
Renew Energy - Utility-Scale Solar DeveloperGarrett Fuller
This document provides an overview of an investment opportunity in Renew Energy, LLC, a developer of utility-scale solar farms. It discusses the growing U.S. solar market and Renew Energy's strategy of developing portfolios of "shovel ready" solar projects between 15-80 MW. The document outlines Renew Energy's development process, project pro formas, and estimated revenues over 5 years from selling tranches of 10 projects totaling around 200 MW to final developers. It notes the typical valuation of solar projects at $0.98-$1.00 per watt and developer fees of 3-5% of the project valuation. The document is confidential and intended for sophisticated investors.
Legal Considerations For Doing Bussiness In IndiaAccenture
A U.S. company has several options for setting up business operations in India, including incorporating an Indian subsidiary or acquiring an existing Indian company. They can also establish a liaison, project, or branch office. The company must consider issues like equity caps, regulatory compliance, profit repatriation, taxation, intellectual property protection, and dispute resolution through arbitration when establishing operations in India. Careful contract drafting and due diligence are important for a successful venture.
The document summarizes recent developments regarding mutual funds investing in commodities. Specifically, it discusses:
1) A Senate hearing where Senators criticized the IRS for private letter rulings allowing mutual funds to invest in commodities through offshore subsidiaries, claiming this maneuvered around rules limiting commodity investments.
2) In response, the IRS suspended new private letter rulings on this issue and will re-examine whether such income should be considered qualifying income for mutual funds.
3) This action creates uncertainty for mutual funds' ability to invest in commodities until the IRS issues new guidance.
This document provides an overview of how the government buys goods and services in three parts. Part 2 discusses the primary contracting methods used by the government, including micro-purchases, simplified acquisition procedures, sealed bidding, contracting by negotiation, and consolidated purchasing programs. It also covers the main types of contracts, such as fixed price, cost reimbursement, incentive, indefinite delivery, time and materials, and agreements. The goal is to help small businesses understand the standardized procedures and rules that govern government procurement.
Understanding Federal Contracting. This presentation is not my original work. It is a very good presentation by Aaron C. Sams. I am sure it will be helpful to a lot of people trying to start a small business and win Federal contracts. Thanks to Aaron C. Adams
Jeff Sneddon has attended every GRO-Biz conference. He is a wealth of knowledge when it comes to government contracting! Learn the basics on government contracting.
Gsa schedules gov alliance presentationBrent Smith
The document provides information about GSA Schedules, which are indefinite delivery, indefinite quantity governmentwide acquisition contracts awarded by the General Services Administration (GSA). GSA Schedules allow federal agencies to purchase pre-negotiated commercial products and services, simplifying the procurement process. Eligible purchasers include federal agencies, government contractors, and certain institutions. The document outlines the benefits of GSA Schedules for both government customers and contractors.
This document discusses the evolution of the IRS's approach to cost sharing arrangements and related court cases. It describes how the IRS has increasingly scrutinized these arrangements to prevent the transfer of valuable intangible property to low-tax jurisdictions at the detriment of the US tax base. Specifically, the IRS has changed rules around calculating R&D costs to be shared and buy-in payments for pre-existing intangibles. This has led to conflicts resolved in courts and uncertainty around constructing compliant cost sharing arrangements going forward.
Renew Energy - Utility-Scale Solar DeveloperGarrett Fuller
This document provides an overview of an investment opportunity in Renew Energy, LLC, a developer of utility-scale solar farms. It discusses the growing U.S. solar market and Renew Energy's strategy of developing portfolios of "shovel ready" solar projects between 15-80 MW. The document outlines Renew Energy's development process, project pro formas, and estimated revenues over 5 years from selling tranches of 10 projects totaling around 200 MW to final developers. It notes the typical valuation of solar projects at $0.98-$1.00 per watt and developer fees of 3-5% of the project valuation. The document is confidential and intended for sophisticated investors.
Legal Considerations For Doing Bussiness In IndiaAccenture
A U.S. company has several options for setting up business operations in India, including incorporating an Indian subsidiary or acquiring an existing Indian company. They can also establish a liaison, project, or branch office. The company must consider issues like equity caps, regulatory compliance, profit repatriation, taxation, intellectual property protection, and dispute resolution through arbitration when establishing operations in India. Careful contract drafting and due diligence are important for a successful venture.
This report analyzes whether an arrangement between Rosy and James for Rosy to pay James $40,000 annually for accounting work is a "tax avoidance arrangement" under New Zealand tax law. The report examines two tests: 1) whether the arrangement has a tax avoidance purpose or effect, and 2) whether the arrangement is consistent with Parliament's purpose based on a commercially and economically realistic interpretation. While the $40,000 fee could be viewed as remuneration for services, factors like their close family relationship and the unreasonably high fee suggest the arrangement was primarily intended to reduce Rosy's tax liability, in violation of general anti-avoidance provisions.
This document summarizes key provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act related to the creation of the Consumer Financial Protection Bureau (CFPB). It outlines the CFPB's structure, functions, rulemaking authority, and enforcement powers. Additionally, it discusses ways state Attorneys General can partner with the CFPB, including compelling rulemaking, petitioning for rulemaking, and commenting on proposed rules. The overall goal is to establish an effective partnership between the CFPB and state AGs to enforce consumer financial protection.
Chapter XVII: State owned enterprises and designated monopolies chapterBalo English
This document defines key terms related to state-owned enterprises and designated monopolies for the purposes of Chapter 17. It defines terms such as commercial activities, commercial considerations, designate, designated monopoly, government monopoly, monopoly, non-commercial assistance, public service mandate, sovereign wealth fund, and state-owned enterprise. It also outlines the scope of application of Chapter 17 to the activities of state-owned enterprises that affect trade or investment between parties within the free trade area, with exceptions for certain regulatory and monetary authorities.
The Italian Supreme Court ruled that a put option awarded to a shareholder in the context of participating loan transactions does not breach the prohibition of leonine clauses. The Court found that the real purpose of the agreement was to indirectly raise finance for the company, not to exclude the shareholder totally from profits and losses. As the shareholder remained interested in the company's performance due to the option, the criteria for a leonine clause were not met. This clarified that participating loan agreements combining share purchases and put options can be legitimate forms of alternative company financing under Italian law.
New Tax Regulations Seek to Ameliorate Harsh Effects of Commercial Activity L...Patton Boggs LLP
The proposed regulations seek to clarify and expand the section 892 tax exemption for certain income received by foreign governments. Specifically, the regulations address issues related to the "commercial activity limitation," which previously resulted in controlled entities forfeiting the entire exemption if engaging in any commercial activity. The key changes include: 1) classifying investments and trading in financial instruments as non-commercial activities; 2) clarifying that the nature, not purpose, of an activity determines if it's commercial; and 3) providing that disposing of U.S. real property will not alone constitute a commercial activity. The regulations aim to ameliorate the harsh effects of the previous all-or-nothing approach to commercial activities under the exemption.
The document defines inherently governmental functions as those that require discretion in applying government authority or making value judgments for the government. Commercial functions support inherently governmental functions but do not constitute them. Determining if a function is inherently governmental depends on the specific duties and if they involve decision making between two or more alternatives. Some examples given of inherently governmental functions include contracting, legal work, policy making, and supervision. Commercial functions provide advisory services or routine support work.
This document provides an overview of the legal requirements for competition in federal contracting. It discusses the Competition in Contracting Act of 1984 (CICA) which generally governs competition and requires full and open competition for contracts unless certain circumstances allow for noncompetitive procedures. It describes what constitutes full and open competition and the seven circumstances permitted for noncompetitive contracts under CICA. It also discusses special simplified procedures for small purchases, competition requirements for task and delivery order contracts, and recent legislative initiatives related to competition in federal contracting.
- The document is the Malaysian Accounting Standards Board Standard 31 on accounting for government grants and disclosure of government assistance.
- It provides definitions for key terms like government, government assistance, government grants, grants related to assets and income.
- It establishes standards for recognition, measurement, presentation and disclosure of government grants and assistance in financial statements. Grants should not be recognized until there is reasonable assurance of compliance with conditions and receipt. They should be recognized as income systematically over the periods to match the related costs.
Focus on Insolvency: Summary of Amendments to the CCAA and BIANow Dentons
On September 18, 2009, amendments (the "Amendments") to the Companies’ Creditors Arrangement Act (the "CCAA") and Bankruptcy and Insolvency Act (the "BIA") came into force. This document is a summary of the major changes, excluding those changes relating to consumer bankruptcy and proposals, that have resulted from the coming into force of the Amendments.
Tax Cuts & Jobs Act Implications for Banking Institutions Polsinelli PC
This document summarizes a presentation by Polsinelli PC on the implications of the Tax Cuts and Jobs Act for banking institutions. It discusses several key provisions of the new tax law that affect banks, including reduced corporate tax rates, limitations on interest expense deductions, changes to depreciation rules, and limitations on state and local tax deductions. It also provides an analysis of how these changes impact decisions for banks on whether to operate as S corporations or C corporations. The presentation examines potential tax savings for a sample community bank that converts from an S corp to a C corp structure under the new law.
Materi Workshop Legal Due Diligence (LDD) yang di selenggarakan oleh EMLI Training. Materi di sampaikan oleh Bapak Dendi Adisuryo, beliau adalah Partner at ADCO Attorneys at Law.
The document discusses government grants and assistance. It defines key terms like government, government assistance, government grants, and grants related to expenses and assets. It explains that government grants must be recognized as income over the periods that the grant is intended to compensate. Grants can be presented directly as other income or indirectly by reducing the related expense/asset. It provides examples of how to account for grants related to past expenses, future expenses, and assets.
EMLI Training-Legal Due Diligence for Acquisition Deal in Indonesian Mining P...EMLI Indonesia
Materi Legal Due Diligence untuk perusahan tambang di Indonesia yang disampaikan oleh Bapak Dendi Adisuryo dalam acara Kursus Intensif Hukum Pertambangan. Acara tersebut di selenggarakan oleh EMLI Trainig, yang hingga saat ini telah memiliki 1000 Alumini dari berbagai jenis latar belakang.
Tax Cuts & Job Act Implications for Small Business Investments Companies Polsinelli PC
On December 22, 2017, the President signed into law a federal tax reform bill commonly known as the Tax Cuts & Jobs Act (the “Tax Act”). The Tax Act resulted in significant changes to the U.S. tax system on a number of fronts. This webinar will provide an overview the provisions of the Tax Act relevant to SBIC’s. We will also address the impact of the Tax Act upon the choice of entity decisions and a number of ancillary matters.
This document outlines key concepts regarding the constitutional grounds for regulating business in the United States. It discusses the separation of powers and checks and balances in the US system of government. It also covers federalism and the balance of power between the federal and state governments. Specifically, it examines the commerce clause and how it allows the federal government to regulate interstate business activities. It analyzes limitations on government power through protections like freedom of speech, due process, equal protection, and prohibitions against unlawful takings of private property.
This document provides an overview of partnership law in the Philippines. It begins by explaining that partnerships were previously governed by different codes depending on whether they were commercial or non-commercial, but the current Civil Code superseded these and applies uniformly. The document then defines a partnership as an agreement between two or more persons to contribute money, property, or industry to a common fund with the intention of dividing profits. It outlines the key characteristics and features of partnerships, including the requirements for a valid partnership contract, the parties' legal capacity, their contributions, and that the purpose must be to conduct a lawful business for profit. It also notes that a partnership has a separate legal personality from its partners. The document provides various examples and case studies to
The document discusses rules around using grant funds from the XYZ Foundation to influence legislation. It defines direct and indirect lobbying and outlines exceptions. Direct lobbying refers to communications with government personnel involved in legislation that mention specific bills and take a position. Indirect lobbying refers to grassroots efforts encouraging the public to contact officials. While broad discussions of issues are allowed, grant funds cannot be used to directly lobby or campaign for political candidates. The document provides examples of permitted and prohibited public policy activities.
This document summarizes research on predicting who will cash prepaid incentive checks for physician surveys. Two surveys of primary care physicians were conducted, one in the US and one international, both offering a prepaid incentive check. Results showed about one third cashed the check overall, with fewer "cheating" by cashing without completing the survey. Solo practitioners and internal medicine doctors were more likely to cheat. Providing an email address and easier online completion were associated with lower cheating rates and costs. Future research should focus on ways to boost online response and lower costs, especially for internal medicine physicians.
The Spotlight feature allows users to search for anything on their Mac using simple natural language queries and receives highly relevant results instantly. It intelligently understands search intent and context by utilizing machine learning techniques to analyze a user's Mac contents. Spotlight provides quick access to documents, contacts, applications, and more with just a few keystrokes.
This report analyzes whether an arrangement between Rosy and James for Rosy to pay James $40,000 annually for accounting work is a "tax avoidance arrangement" under New Zealand tax law. The report examines two tests: 1) whether the arrangement has a tax avoidance purpose or effect, and 2) whether the arrangement is consistent with Parliament's purpose based on a commercially and economically realistic interpretation. While the $40,000 fee could be viewed as remuneration for services, factors like their close family relationship and the unreasonably high fee suggest the arrangement was primarily intended to reduce Rosy's tax liability, in violation of general anti-avoidance provisions.
This document summarizes key provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act related to the creation of the Consumer Financial Protection Bureau (CFPB). It outlines the CFPB's structure, functions, rulemaking authority, and enforcement powers. Additionally, it discusses ways state Attorneys General can partner with the CFPB, including compelling rulemaking, petitioning for rulemaking, and commenting on proposed rules. The overall goal is to establish an effective partnership between the CFPB and state AGs to enforce consumer financial protection.
Chapter XVII: State owned enterprises and designated monopolies chapterBalo English
This document defines key terms related to state-owned enterprises and designated monopolies for the purposes of Chapter 17. It defines terms such as commercial activities, commercial considerations, designate, designated monopoly, government monopoly, monopoly, non-commercial assistance, public service mandate, sovereign wealth fund, and state-owned enterprise. It also outlines the scope of application of Chapter 17 to the activities of state-owned enterprises that affect trade or investment between parties within the free trade area, with exceptions for certain regulatory and monetary authorities.
The Italian Supreme Court ruled that a put option awarded to a shareholder in the context of participating loan transactions does not breach the prohibition of leonine clauses. The Court found that the real purpose of the agreement was to indirectly raise finance for the company, not to exclude the shareholder totally from profits and losses. As the shareholder remained interested in the company's performance due to the option, the criteria for a leonine clause were not met. This clarified that participating loan agreements combining share purchases and put options can be legitimate forms of alternative company financing under Italian law.
New Tax Regulations Seek to Ameliorate Harsh Effects of Commercial Activity L...Patton Boggs LLP
The proposed regulations seek to clarify and expand the section 892 tax exemption for certain income received by foreign governments. Specifically, the regulations address issues related to the "commercial activity limitation," which previously resulted in controlled entities forfeiting the entire exemption if engaging in any commercial activity. The key changes include: 1) classifying investments and trading in financial instruments as non-commercial activities; 2) clarifying that the nature, not purpose, of an activity determines if it's commercial; and 3) providing that disposing of U.S. real property will not alone constitute a commercial activity. The regulations aim to ameliorate the harsh effects of the previous all-or-nothing approach to commercial activities under the exemption.
The document defines inherently governmental functions as those that require discretion in applying government authority or making value judgments for the government. Commercial functions support inherently governmental functions but do not constitute them. Determining if a function is inherently governmental depends on the specific duties and if they involve decision making between two or more alternatives. Some examples given of inherently governmental functions include contracting, legal work, policy making, and supervision. Commercial functions provide advisory services or routine support work.
This document provides an overview of the legal requirements for competition in federal contracting. It discusses the Competition in Contracting Act of 1984 (CICA) which generally governs competition and requires full and open competition for contracts unless certain circumstances allow for noncompetitive procedures. It describes what constitutes full and open competition and the seven circumstances permitted for noncompetitive contracts under CICA. It also discusses special simplified procedures for small purchases, competition requirements for task and delivery order contracts, and recent legislative initiatives related to competition in federal contracting.
- The document is the Malaysian Accounting Standards Board Standard 31 on accounting for government grants and disclosure of government assistance.
- It provides definitions for key terms like government, government assistance, government grants, grants related to assets and income.
- It establishes standards for recognition, measurement, presentation and disclosure of government grants and assistance in financial statements. Grants should not be recognized until there is reasonable assurance of compliance with conditions and receipt. They should be recognized as income systematically over the periods to match the related costs.
Focus on Insolvency: Summary of Amendments to the CCAA and BIANow Dentons
On September 18, 2009, amendments (the "Amendments") to the Companies’ Creditors Arrangement Act (the "CCAA") and Bankruptcy and Insolvency Act (the "BIA") came into force. This document is a summary of the major changes, excluding those changes relating to consumer bankruptcy and proposals, that have resulted from the coming into force of the Amendments.
Tax Cuts & Jobs Act Implications for Banking Institutions Polsinelli PC
This document summarizes a presentation by Polsinelli PC on the implications of the Tax Cuts and Jobs Act for banking institutions. It discusses several key provisions of the new tax law that affect banks, including reduced corporate tax rates, limitations on interest expense deductions, changes to depreciation rules, and limitations on state and local tax deductions. It also provides an analysis of how these changes impact decisions for banks on whether to operate as S corporations or C corporations. The presentation examines potential tax savings for a sample community bank that converts from an S corp to a C corp structure under the new law.
Materi Workshop Legal Due Diligence (LDD) yang di selenggarakan oleh EMLI Training. Materi di sampaikan oleh Bapak Dendi Adisuryo, beliau adalah Partner at ADCO Attorneys at Law.
The document discusses government grants and assistance. It defines key terms like government, government assistance, government grants, and grants related to expenses and assets. It explains that government grants must be recognized as income over the periods that the grant is intended to compensate. Grants can be presented directly as other income or indirectly by reducing the related expense/asset. It provides examples of how to account for grants related to past expenses, future expenses, and assets.
EMLI Training-Legal Due Diligence for Acquisition Deal in Indonesian Mining P...EMLI Indonesia
Materi Legal Due Diligence untuk perusahan tambang di Indonesia yang disampaikan oleh Bapak Dendi Adisuryo dalam acara Kursus Intensif Hukum Pertambangan. Acara tersebut di selenggarakan oleh EMLI Trainig, yang hingga saat ini telah memiliki 1000 Alumini dari berbagai jenis latar belakang.
Tax Cuts & Job Act Implications for Small Business Investments Companies Polsinelli PC
On December 22, 2017, the President signed into law a federal tax reform bill commonly known as the Tax Cuts & Jobs Act (the “Tax Act”). The Tax Act resulted in significant changes to the U.S. tax system on a number of fronts. This webinar will provide an overview the provisions of the Tax Act relevant to SBIC’s. We will also address the impact of the Tax Act upon the choice of entity decisions and a number of ancillary matters.
This document outlines key concepts regarding the constitutional grounds for regulating business in the United States. It discusses the separation of powers and checks and balances in the US system of government. It also covers federalism and the balance of power between the federal and state governments. Specifically, it examines the commerce clause and how it allows the federal government to regulate interstate business activities. It analyzes limitations on government power through protections like freedom of speech, due process, equal protection, and prohibitions against unlawful takings of private property.
This document provides an overview of partnership law in the Philippines. It begins by explaining that partnerships were previously governed by different codes depending on whether they were commercial or non-commercial, but the current Civil Code superseded these and applies uniformly. The document then defines a partnership as an agreement between two or more persons to contribute money, property, or industry to a common fund with the intention of dividing profits. It outlines the key characteristics and features of partnerships, including the requirements for a valid partnership contract, the parties' legal capacity, their contributions, and that the purpose must be to conduct a lawful business for profit. It also notes that a partnership has a separate legal personality from its partners. The document provides various examples and case studies to
The document discusses rules around using grant funds from the XYZ Foundation to influence legislation. It defines direct and indirect lobbying and outlines exceptions. Direct lobbying refers to communications with government personnel involved in legislation that mention specific bills and take a position. Indirect lobbying refers to grassroots efforts encouraging the public to contact officials. While broad discussions of issues are allowed, grant funds cannot be used to directly lobby or campaign for political candidates. The document provides examples of permitted and prohibited public policy activities.
This document summarizes research on predicting who will cash prepaid incentive checks for physician surveys. Two surveys of primary care physicians were conducted, one in the US and one international, both offering a prepaid incentive check. Results showed about one third cashed the check overall, with fewer "cheating" by cashing without completing the survey. Solo practitioners and internal medicine doctors were more likely to cheat. Providing an email address and easier online completion were associated with lower cheating rates and costs. Future research should focus on ways to boost online response and lower costs, especially for internal medicine physicians.
The Spotlight feature allows users to search for anything on their Mac using simple natural language queries and receives highly relevant results instantly. It intelligently understands search intent and context by utilizing machine learning techniques to analyze a user's Mac contents. Spotlight provides quick access to documents, contacts, applications, and more with just a few keystrokes.
The document provides an introduction to machine learning concepts including motivation, definitions, algorithms and linear regression. Specifically, it discusses how machine learning is applied in many domains due to large datasets and its ability to learn tasks without explicit programming. It defines machine learning and describes common supervised and unsupervised algorithms such as regression, classification, clustering and dimensionality reduction. Finally, it delves into the concepts of linear regression by outlining the model representation, cost function and using the normal equation method to find the optimal parameters that minimize error.
The document describes the products and services offered by AeroGear, including telemetry transmitters and receivers, radar altimeters, encoders, transponders, power amplifiers, filters, data recorders, video recorders, Ethernet switches, unmanned vehicle autonomy and control systems, sensors, and engineering outsourcing services. AeroGear represents manufacturers of these products and systems for the defense and aerospace industries. Contact information is provided for AeroGear representatives covering various states.
The document discusses various survey research organizations and their sample sizes and response rates. It provides details on surveys conducted by ABC, CBS, Pew, GSS, NHIS and reports sample names, data collection modes, cumulative sample sizes, and response rate formulas. It also presents results from a statistical model analyzing the effect of changes in measurement and administration bias on survey estimates, finding an interaction between telephone surveys and linear changes in bias over time.
This document discusses various ways that the government buys goods and services. It describes contracting vehicles like RFQs, RFPs, RFIs, open market purchases, credit cards, IFBs, sole source contracts, GSA schedules, and GWACs. It provides brief explanations of these different contract types and how agencies can determine best value. The document also summarizes tips for contractors, like getting on contract vehicles, determining what makes you unique, seeking BPAs and teaming agreements, knowing your competition and the agency, and understanding federal acquisition regulations.
10 Small Bus and New Mistakes Article, August 2015, BNA Bloomberg FCRRichard D. Lieberman
1. The document discusses ten big mistakes commonly made by small businesses and new government contractors. It explains that the differences between commercial and federal government contracting often account for misunderstandings.
2. Federal contracting has a much more extensive statutory and regulatory framework compared to commercial contracts. It also has different types of contracts like cost-reimbursement. Government contracts also generally require more formality with written documents and competition.
3. The authority of agents, auditing practices, socioeconomic requirements, contract modifications, consideration requirements, and termination for convenience differ significantly between commercial and government contracting. Understanding these differences is important to avoid common mistakes.
The document discusses criticisms of Australia's Trade Practices Amendment (Cartel Conduct and Other Measures) Bill 2008 and its impact on resource joint ventures. Specifically, it argues that the Bill fails to provide legal and commercial certainty for joint ventures by requiring that cartel provisions be contained within a contract and removing the competition test from the joint venture exceptions. This limits the exceptions' application to informal agreements and day-to-day operational decisions of joint ventures. The document advocates adopting the US approach of evaluating joint ventures based on their competitive effects rather than contractual requirements alone.
The document summarizes the different types of public contracts and bidding processes in Brazil, including:
- Traditional contracts governed by Federal Act 8.666/93, concessions governed by Federal Acts 8987/95 and 9.074/95, and public-private partnerships governed by Federal Act 11.079/04.
- The main types of contracts are traditional public works/services contracts, concession contracts, and public-private partnership contracts.
- The choice between contract types depends on factors like who invests in/operates the project and whether users can be charged fees.
- While the bidding processes are generally similar, concessions and PPP bids may differ in criteria like experience requirements and definitions of "best price."
The top government contracts in the U.S. include SEWP, CEC-NG, and DHS FIRSTSOURCE. SEWP is a government-wide acquisition contract through NASA that allocated over $9 billion in FY20 for IT and AV solutions. CEC-NG through the Department of Veteran Affairs covers business IT needs like devices, storage, and networking equipment. DHS FIRSTSOURCE is an indefinite-delivery/indefinite-quantity contract that includes two categories for IT value-added resellers and software. These contracts provide opportunities for contractors to grow their business through partnerships with the government.
Procurement & Government Contracting Compliance (Series: Corporate & Regulato...Financial Poise
The volume and complexity of transactions related to procurement are some of the reasons that transactions with the government are most vulnerable to corruption. State and federal regulatory compliance can be tough to navigate and the process can make even routine sales and marketing practices vulnerable to civil and criminal liability. This webinar analyzes the regulatory framework, including identification of some of the legal risks in solicitations, pre- and post-award bid protests, contract compliance, change orders, and contract claims and disputes. The webinar also discusses defense strategies of a company that is accused of fraud or civil non-compliance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/procurement-government-contracting-compliance-2020/
Federal Acquistion Regulation Preliminary Regulatory Reform PlanObama White House
The Federal Acquisition Regulatory Council has drafted a preliminary plan for retrospectively analyzing existing acquisition rules as required by Executive Order 13563. The plan outlines the scope, which includes government-wide acquisition rules in the Federal Acquisition Regulation. It discusses opportunities for public input and lists eight initial initiatives for review over the next two years, including examining rules around communications with vendors, reducing sole-source contracts, past performance reviews, and conflicts of interest. The goal is to identify rules that could be simplified, strengthened, or repealed to more efficiently meet objectives of taxpayer value, public trust, and policy goals.
Procurement & Government Contracting Compliance (Series: Corporate & Regulato...Financial Poise
The volume and complexity of transactions related to procurement are some of the reasons that transactions with the government are most vulnerable to corruption. State and federal regulatory compliance can be tough to navigate and the process can make even routine sales and marketing practices vulnerable to civil and criminal liability. This webinar analyzes the regulatory framework, including identification of some of the legal risks in solicitations, pre- and post-award bid protests, contract compliance, change orders, and contract claims and disputes. The webinar also discusses defense strategies of a company that is accused of fraud or civil non-compliance.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/procurement-government-contracting-compliance-2019/
This document summarizes 10 common mistakes made by government contractors in administering contracts. It discusses mistakes like failing to read the entire contract before beginning work, taking direction from unauthorized officials, and not complying with quality control requirements in the contract. The document provides examples and explanations for each mistake to help contractors avoid these issues in the future.
Federal Acquisitionr Regulatory Reform Plan August 2011Obama White House
The document outlines the Federal Acquisition Regulatory Council's final plan for retrospectively analyzing existing procurement rules as required by Executive Order 13563. The plan will involve identifying significant rules that are obsolete, unnecessary, unjustified or excessively burdensome. Public input will be sought to help reform rules and reduce burdens. Current retrospective review efforts already underway include analyzing rules around organizational conflicts of interest, small business contracting, obtaining fair prices, and contract closeout. The plan scope covers government-wide acquisition rules in the Federal Acquisition Regulation.
A brief introduction to grant and contract proposal development, federal acquisition compliance, and working with the federal government to develop vaccine and biopharmaceutical products
William Kosar What Every Budget Officer Should Know_RwandaWilliam Kosar
This document provides an overview of key contract information for budget officers. It discusses types of contracts including public contracts, general conditions of contracts, and public-private partnerships. It also covers memorandums of understanding, performance guarantees, bid rigging, and types of resource exploration contracts like production sharing agreements and power purchase agreements. Checklists are recommended to ensure all important contract details are included. The dangers of memorandums of understanding being non-binding are outlined, and performance guarantees using letters of credit or bonds are described. Finally, common forms of bid rigging like cover bidding, bid suppression, bid rotation, and market allocation are defined, along with warning signs of anti-competitive bidding practices.
A PRACTICAL GUIDE TO ORGANIZATIONAL CONFLICT OF INTEREST FAR SUBPART 9.5 dbolton007
This document provides an overview of organizational conflicts of interest (OCI) as defined by the Federal Acquisition Regulation (FAR). It discusses the three main types of OCI: access to non-public information, biased ground rules, and impaired objectivity. The document summarizes GAO case law related to impaired objectivity OCIs and outlines practical steps contracting officers and contractors can take to identify and mitigate potential OCIs, including developing mitigation plans.
The document discusses public procurement in India, including key principles and challenges. It makes the following main points:
1. Public procurement involves acquisition of goods, services, and works by the government and constitutes a significant portion of GDP in India.
2. The Constitution provides the legal framework for public procurement, with articles guaranteeing equality of opportunity and prohibiting arbitrary state action. Procurement must be fair, transparent and follow due process.
3. Key principles of good public procurement include economy, efficiency, fairness, transparency, and accountability. However, flaws in the Indian system include lack of clear laws, unfair practices, low MSME participation and delays.
This document provides information for reporters covering federally-funded highway and transit projects, including an overview of the DOT Office of Inspector General (DOT-OIG) and its role in overseeing $40 billion provided annually for transportation projects. It also defines fraud and describes common fraud schemes, and lists indicators that can help detect fraud in the bidding, construction, and funding of transportation projects. Reporters are directed to DOT-OIG's website and past audits for additional details on oversight of federal transportation funds.
A PRACTICAL GUIDE TO THE FAR MANDATORY DISCLOSURE RULE FAR 52.203-13dbolton007
This document provides an agenda and summary for a presentation on the FAR Mandatory Disclosure Rule FAR 52.203-13. Key points include:
1) The rule was created in response to low voluntary disclosure rates and high procurement fraud for the Department of Justice. It aims to increase mandatory reporting of violations.
2) The rule has three parts: requirements for disclosure, grounds for suspension/debarment, and a contractor code of business ethics. It requires disclosure of violations dating back to final payment on contracts.
3) Contractors must disclose credible evidence of criminal or civil violations to the agency Inspector General and contracting officer within a certain timeframe. The rule defines principals and mandatory disclosure requirements.
Construction contracts can contain terms that impact your company’s bottom line. Reviewing them carefully prior to signing is indispensable, and can save your company time and money. This contract review guide is meant to be a starting point for reviewing contracts in general…
DCAA has broad statutory authority to audit contractor records related to government contracts. Recent legislation and guidance have sought to expand DCAA's access to internal audit reports and employee interviews. The document discusses the legal debate around DCAA's access to internal reports and employees, recent developments, and strategies contractors can use to manage DCAA requests and protect sensitive information.
Similar to Position Paper No. 3-Pursuing Government R D Engagements-2 (20)
Position Paper No. 3-Pursuing Government R D Engagements-2
1. POSITION PAPER #3
Tony Mackey
Pursuing Federal Government
R&D
Engagements
Rev. A: January 2015
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Copyright 2015
All rights reserved
2. POSITION PAPER #3
Tony Mackey
Brief Background Summary
As of a few years ago, the Federal Government employed over twenty (20) different types of contractual instruments
to purchase goods and services from businesses, as well as to provide financial assistance to states and local
governments, territories and possessions, Indian Tribal Governments, hospitals, schools, non-profit research
institutes, and private individuals. The Government’s creation of the Grant in 1860, and its subsequent use prior to the
1970’s, was not for the purpose of assisting private industry, as it is used today. Current federal legal practice treats
for-profit corporations as individuals or persons.
Table 1.0: Types of Contracts and Agreements Used by U.S. Government
PROCUREMENT INSTRUMENTS
“CONTRACTS”
NON-PROCUREMENT INSTRUMENTS
“ASSISTANCE AGREEMENTS”
Basic Ordering Agreements GRANTS
Commercial Products Contracts *
Cost Plus Award Fee Contracts
Cost Plus Fixed Fee Contracts*** COOPERATIVE AGREEMENTS
Cost Plus Incentive Fee and Re-
determinable Contracts
Cost Sharing Contracts
Firm Fixed Price Contracts OTHER TRANSACTION AGREEMENTS
Fixed Price with Economic Price
Adjustment Contracts
Fixed Price Incentive Contracts OTAs for Research w/Paper Reports as
Deliverables
Fixed Price Re-determinable Contracts
Firm Fixed Price, Level-of-Effort Term
Contracts
OTAs for Research w/Paper Reports and
Prototypes as Deliverables
Indefinite Delivery Type Contracts
Time and Materials Contracts
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Tony Mackey
BRIEF DESCRIPTIONS OF MAJOR TYPES OF CONTRACTS AND AGREEMENTS USED
1.0 FIXED-PRICE CONTRACTS:
Firm-Fixed Price contracts are used when a fair and reasonable price can be established at the outset. The Government
pays the negotiated amount regardless of the contractor’s real cost. This contract type is preferred to all others because it
encourages the contractor to contain costs.
Fixed-Price/Level-of-Effort contracts are used to purchase a specified level of effort over a stated period of time. This
type of contract is not considered a predominant contract type.
U.S. Government “Commercial” Contracts are Firm-Fixed Price contracts that are used as a result of the Federal
Acquisition Streamlining Act of 1994. Commercial contracts rely on the contractors’ existing quality assurance system
as a substitute for Government in-process inspection and testing when the Government is purchasing commercial
products or services. This is a type of contract that Corporate Federal Business Units use to sell many billions
of dollars of products and services annually to the federal government
2.0 COST REIMBURSEMENT CONTRACTS:
Cost-Plus-Fixed-Fee contracts are used when there are enough uncertainties involved in contract performance to
preclude using a fixed price contract. This type of contract requires an accounting and financial systems audit by DCAA, in
addition to continuous surveillance of these systems by DCAA.
Cost Sharing contracts are used when the Government pays only a portion of the allowable costs and no fee. This kind
of contract is used for R&D work from which the contractor will derive a substantial commercial benefit; such as, the
development of Teflon. The contract version of the cost sharing feature includes all of the negative attributes of the Cost-
Plus-Fixed Fee contract.
3.0 NON-PROCUREMENT “INSTRUMENTS” OR ASSISTANCE AGREEMENTS
Non-Procurement instruments or Assistant Agreements fall into three basic types: grants, cooperative agreements, and
other transactions.
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Tony Mackey
Grants and Cooperative Agreements are used when the principal purpose of the relationship is to transfer a thing of
value to the recipient in order to carry out a public purpose of support or stimulation, as authorized by US law, as contrast
with contracts which usually involve the acquisition of property or services for the direct benefit or use of the
Government.
Grants are to be used when no substantial involvement between the Government Agency and the recipient is expected
when carrying out the activity contemplated in the agreement.
Cooperative Agreements are used when substantial involvement is expected between the Government Agency and
the recipient when carrying out the contemplated activity.
Grants and Cooperative Agreements are legal instruments but they are not contracts and they are not subject to the
Federal Acquisition Regulations. Grants and Cooperative Agreements do have audit requirements applied to their
recipients. However, the Actual Payroll Salary Method for budgeting researcher labor costs for Grant and
Cooperative Agreement proposals, and the time-keeping practices established for Other Transaction
Agreements restrict the scope of any audit to a review of redacted Earnings Statements and signed time sheets for
individual employees who are performing the research.
Other Transaction Agreements (OTAs) were authorized Public Law 10 U.S.C. 2371 provides the DOD, DOE, DHS,
DOT, FAA, (TSA), and NASA authority to enter into transactions (other than contracts, cooperative agreements and grants)
for certain projects. Consequently, other transactions are defined by what they are not, rather than what they are. Any
instrument that is not a contract, cooperative agreement, or grant is considered an "other transaction". The two types of
other transactions are OTAs for research and OTAs for prototype development.
Other Transactions for Research are authorized by the basic 10 U.S.C. 2371 authority for basic, applied, and advanced
research projects. This type of other transaction is generally used to provide support or stimulation (i.e., "assistance") and
is commonly referred to as an other transaction for research, or a 10 U.S.C. 2371 other transaction. The creation of Other
Transaction Authority and organizational changes in DARPA was originally recommended by the Packard Blue Ribbon
Commission in 1987. Congress originally granted the Authority to DARPA in 1989.
Other Transactions for Prototypes are also authorized by 10 U.S.C. 2371, and are referred to as Section 845 OTs,
because of the section in the law that contained the authorization. Section 845 OTs are for prototype projects directly
relevant to weapons or weapon systems proposed to be acquired or developed by the DOD. (DOD determines their
relevancy).
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5. POSITION PAPER #3
Tony Mackey
Technology Investment Agreements (TIAs) are a class of assistance instruments that may be used to carry out
basic, applied, and advance research projects when the research is to be performed by a for-profit firm, or by consortia
that include a for-profit firm. A TIA is a type of other transaction (awarded under the authority of 10 U.S.C. 2371) when its
patent rights provision is less restrictive than is possible under Bayh-Dole.
4.0 The Custom Solution for Commercial Product Labs
The Federal Government has a strong bias towards using Cost-Reimbursement type contracts to fund R&D. This bias is
in their DNA and is the primary reason that companies like IBM, Boeing, Lockheed, and others typically obtain hundreds
of millions of dollars to conduct Government-sponsored R&D. These companies have had accounting systems designed
to comply with Cost-Reimbursement Contracting rules and regulations since the 1950’s.
The solution for obtaining federal funding for R&D at Commercial Product Labs is a complex brew. It
combines certain elements borrowed from:
a) Firm Fixed-Price Contracts, (compliant with Commercial Contract rules to avoid DCCA audit requirements);
b) Cost Sharing Contracts, (to qualify for OTAs & obtain preferable IP rights);
c) Commercial Contracts, (published labor rates on an external website to establish commerciality & qualify for exemption
from DCAA audit requirements);
d) Cost Plus Fixed Fee Contract, (Actual Payroll Salary Method to qualify for grants/cooperative agreement); and
e) Payable Milestone Schedules, (in order to mimic payable deliverables and invoicing rules of Firm Fixed-Price Contracts
and get paid for the R&D work by delivering paper reports).
All of these elements combine to make the Government-sponsored R&D model work for Commercial Product
Labs. It begins with structuring cost proposals in such a way as to be compliant with the rules and regulations within
the context of the exemptions they provide. Oftentimes, the exemptions associated with this approach must be brought
to the Contracting Officers’ attention, since they often ignore the exemptions because of their preoccupation with the
Cost-Reimbursement Contract bias for R&D funding.
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Tony Mackey
Table 2.0: “At-a-Glance” Matrix of Relationships
Distinctions Among
Business Arrangements
Government
Contract
Grant/
Cooperative
Agreement
Cooperative
R&D
Agreement
(CRADA)
Other
Transactions
for Prototype
Projects
Technology Investment
Agreement
Principal purpose Acquisition Assistance R&D Acquisition Assistance
Funding Full or partial
funding
Full or partial
funding
Shared between
partners
Full or partial
funding
Full or partial funding
Involvement level of
government Oversight only
Substantial
for
cooperative
agreements
Partnership
with CRADA
partner
Substantial
oversight and
partnering with
industry
Substantial oversight and
partnering with industry
Typical product Deliverable end
product
Research
reports
Varies Deliverable end
product
Research reports
Typical
recipient
Traditional for-
profit
government
contractor
Educational
or
nonprofit
institution
Industry, other
government
agencies,
universities
Traditional
government
contractor with
significant
involvement by
nontraditional
for-profit
commercial
company
Traditional
government contractor with
significant involvement by
nontraditional for-profit
commercial company
Solicitation
methods
Request for
proposal, broad
agency
announcement,
unsolicited
proposal
Broad agency
announcement,
research
announcement,
unsolicited
proposal
Selection by
agency
Broad agency
announcement,
research
announcement,
program
solicitation,
unsolicited
proposal
Broad agency
announcement, research
announcement, unsolicited
proposal
References:
1. FAR 16.207, Firm-Fixed-Price, Level-of-Effort Term Contracts.
2. FAR 32.700, Contract Funding.
3. FAR Part 2, Commercial Item Definition
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Tony Mackey
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4. FAR Part 12, DFARS Part 212, Acquisition of Commercial Items
5. DoD 3210.6-R, Department of Defense Grants Regulations
6. DCMA Guidebook for Commercial Contracting.
7. Section 845 Other Transaction Authority
8. Guidance on Technology Investment Agreements, General Discussion
9. Defense Grant and Agreement Circular 94-7
10. Department of Defense Grant and Agreement Regulations (DoDGARS)
11. 10 U.S.C. 2371: Other Transaction Authority
12. DoD Other Transactions Guide for Prototype Projects