Redstone Government Consulting Blog (44)

Supply-Chain Rules from Section 889(a)(1)(A) of the NDAA for 2019 (Implemented by FAR Subpart 4.21)

There have been several recent developments in U.S. law, relating to non-tariff restrictions on foreign-origin information technology and telecommunications equipment, with a focus on Chinese-origin products. This is the second installment of a three-part series on this topic.

A recent DCAA audit reintroduced (or resurrected) a DCAA MRD (Memorandum for Regional Directors) dated March 22, 2010 which provided auditors with DCAA’s liberal interpretation of a January 2010 change to FAR 31.205-46(b) limiting allowable airfare to “lowest priced airfare available to the contractor.”

Supply-Chain Rules Under DFARS Subpart 239.73

In the ongoing trade war between the U.S. and China, the U.S. Government’s Section 301 tariffs on Chinese-origin goods has received most of the attention, and rightfully so. Effective September 1, 2019, these tariffs generally impact all Chinese-origin goods imported into the United States, including all information technology and telecommunications equipment (“Equipment”). However, there have also been several recent developments in U.S. law, relating to non-tariff restrictions on foreign-origin Equipment, with specific focus on Chinese-origin products.

The Federal Acquisition Regulation (FAR) implemented Section 822 of the Fiscal Year 2017 National Defense Authorization Act (NDAA) which requires contactors to submit additional certified cost or pricing data when only one offer is received in response to a competitive solicitation.  Certified cost and pricing data is required when the following three criteria are met:

GSA establishes the per diem rates for the lower 48 Continental United States (CONUS), which are the maximum allowances that federal employees are reimbursed for expenses incurred while on official travel.

DCAA’s July 19^th AGM or Audit Guidance Memorandum (19-PAS-003(R)) implemented the Section 803 requirement of the 2018 NDAA (National Defense Authorization Act) that DoD/DCAA adopts commercially accepted standards of materiality (in application) to incurred cost audits.  This requirement is in the broader context of continuing Congressional interest in the incurred cost backlog and performance of incurred cost audits.   More specifically, the subsection which requires commercially accepted standards of materiality is designed to improve the efficiency of the contract auditing process.

It is with a heavy heart and eyes filled with tears that we write this message.  Scott Butler, our beloved friend, mentor, and the founder of Redstone Government Consulting has passed away after a strong, faithful and diligent battle with cancer.  If you knew Scott, you instantly loved and admired Scott.  He was a friend to everyone he met, and he deeply and truly cared for those around him.  Scott had an incredible faith and love of Jesus Christ and it showed in every interaction he had, whether good or bad.  Our lives will be forever changed, because we had the fortune to work with Scott daily.  In a picture hanging in Scott’s office was a quote, 

At Redstone GCI we are constantly seeking new tools to make our clients (and by extension us too) lives easier when it comes to maintaining compliance and completing deliverables for government customers.  One of the most challenging areas for contractors of all shapes and sizes in the proposal management process.  The government’s increasing use of multiple award IDIQ and other task order driven contracts often necessitates the formation of contractor teams.  In these situations, not only are you worried about your prime proposal, but you’re also managing data calls to your subcontractors to create the consolidated volumes for response to the government customer.  To say managing this process can be a challenge, is an understatement.

Have you ever considered the power of the Pay Code function in Unanet? Pay Codes are the earnings and leave categories your organization uses to track and classify reported hours on employees’/subcontractors’ timesheets.

Did you know that you can and should record your Intellectual Property such as Trademarks and Copyrights with Customs and Border Protection (CBP) using their e-Recordation system? Once you do so, CBP can help prevent the importation and exportation of infringing goods. In fact, you must record your IP with CBP because CBP cannot help you with infringing or counterfeit imports/exports if you don’t! This service is readily available here.