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Washington Insider

The Federal Acquisition Regulation councils have issued a final rule requiring contracting officers to use the Federal Technical Data Solution (FedTeDS) for electronic posting of sensitive but unclassified information.

The Army Corps of Engineers and several other agencies have been using the system to distribute such data as architectural blueprints and specifications for computer systems. The new rule make it mandatory for all agencies starting May 19.

The website, www.fedteds.gov, is password-protected.To gain access, companies must register with the Central Contractor Registration and get a username and password.

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The Defense Department has proposed eliminating Buy American restrictions on commercial IT products.

The proposed rule means vendors “will no longer need to track the origin of components to determine if an information technology product complies with Buy American Act requirements,” DOD said in its Federal Register notice.

The Buy American restrictions have been a thorn in the side of IT vendors, since so many computer-related products and components are made overseas.

The proposed rule is DFARS Case 2005-D011. Comments are due by June 12.

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What if a contracting office loses your proposal?

Tough, says the Government Accountability Office.

GAO rejected a protest by Project Resources Inc., an 8(a) firm, even though the Army Corps of Engineers acknowledged it had evidently lost the company’s proposal for environmental remediation services and never evaluated it.

A FedEx receipt showed that PRI’s proposal was delivered before the deadline to the Corps office in Sacramento. The Corps later said it could not find the proposal.

Even though the agency was negligent, GAO ruled the company is not entitled to any relief. “This arguably harsh result is justified by the unique circumstances arising in protest concerning lost information,” GAO said.

Even though the company submitted what it said was an exact copy of its proposal, there was no way to verify that. Allowing an offeror to submit a proposal after the deadline “would be inconsistent with maintaining a fair competitive system,” GAO said.

The only exception: when the agency has a history of repeatedly losing proposals.

The case is Matter of: Project Resources, Inc., File: B-297968, available at www.gao.gov.

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A former Defense Department contracting official has been sentenced to 11 years in prison for taking kickbacks from a contractor.

Kevin Marlowe, former chief of plans, requirements and acquisitions for the Defense Information Systems Agency, oversaw contracts at the Navy installation in Mechanicsburg, PA.

He pleaded guilty in September to charges that he directed $18 million in contracts to Vector Systems Inc. while the company gave him $500,000 in cash, vacations and other kickbacks.

Marlowe, his wife, daughter and brother also pleaded guilty to several other criminal charges.

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An American contractor pleaded guilty and has been sentenced for bribing a former U.S. Army director of contracting in Germany, the Justice Department announced.

Alvan Vance McQueen II of Shelbyville, IN, admitted paying off the contracting officer to receive inflated contracts for furniture at a recreation center for U.S. troops.

A federal judge in Indianapolis sentenced him to 12 months and one day in prison and imposed restitution in the amount of $80,000, along with a fine of $23,500.


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