On March 27, 2008, GAO’s protest authority for task orders took effect as part of Congress’ efforts to expand competition in multiple-award, indefinite delivery/indefinite quantity (ID/IQ) contracts, and GAO is starting to issue its decisions. In doing so, GAO is establishing new and broad interpretations of law, with far-reaching implications for using existing ID/IQ contract task orders and how they may have to be structured in the future. In his “Policy and Regs” column in Government Services Insider, Alan Chvotkin, PSC’s Executive Vice President and Counsel, advises companies to carefully review the ordering procedures under existing ID/IQ contracts and ongoing competitions, and to evaluate subcontracting and teaming options.

PSC elected new members, and re-elected continuing members, to its Board of Directors and Executive Committee at its Semi-Annual Board of Directors and Annual Membership meeting on December 17, 2008. The PSC Board of Directors is responsible for policy oversight and setting the direction of the association. Read more.

On November 12, 2008, the FAR Councils published the final rule relating to Contractor Compliance and Integrity Reporting. The final rule addressed several issues raised by PSC in previous comments, but leaves intact the mandatory, as opposed to voluntary, disclosure of potential violations of law in connection with federal contracts. The rule takes effect on December 12, 2008. Read more.

On December 5, the Internal Revenue Service published a proposed rule to implement the mandatory 3% payment withholding provision enacted as section 511 of the Tax Increase Prevention and Reconciliation Act of 2005, Public Law 109-222, that was signed into law on May 17, 2006. PSC is currently soliciting input from its members and intends to provide comments on the proposed rule to the IRS by the March 5, 2009 due date. In addition, PSC is working with a broad coalition from across the business community to repeal the 3% withholding before it goes into effect. Rep. Kendrick Meek (D-FL) and other Members of Congress have supported repeal but thus far have been stymied in their efforts to repeal it. Read more.

With only 77 days separating the election from the inauguration, the incoming administration faces daunting tasks on multiple fronts, including federal acquisition. In his “Buy Lines” column in Washington Technology, PSC President and CEO Stan Soloway asserts that a number of deep-seated myths must be dispelled if the new administration is to meet acquisition objectives such as increasing competition, improving small-business contracting opportunities, and restoring public confidence in the federal acquisition system.