Public Contracting Institute Blog
Episode 20: Did You Know?
DID YOU KNOW? FAR Part 34.201 requires an Earned Value Management System (EVMS) during development of a major acquisition system. This can be accomplished by using EVMS or Agile Program Management Systems, which are not closely compatible. Since the government often...
MIRROR IMAGE DOCTRINE
By Richard D. Lieberman, Consultant What happens when a response to an offer does not match the terms offered? In common law this mismatch between offer and acceptances negated contractual liability. First Comm. Corp. v. United States, 335 F.3d 1373, 1381 (Fed. Cir....
UNEQUAL EXCHANGES IN TASK ORDER COMPETITION
A significant number of competitions are held pursuant to task orders either issued under the Federal Supply Schedules (See Federal Acquisition Regulation Subpart 8.4) or under the Fair Opportunity Submission Request (“FOSR”) outlined in FAR 16.505(b)(1). A recent...
RATIFICATION OF AN UNAUTHORIZED COMMITMENT
By Richard D. Lieberman, Consultant Although the Government Contracting Officer contended that FireEye/Force 3 support services provided to the Dept. of Health and Human Services (“HHS”) beyond the first option year of a base year and two one-year option contract were...
Episode 21: Did You Know?
DID YOU KNOW? The General Services Administration's (GSA) is granted statutory authority -- 40 U.S.C. § 501 -- to oversee the acquisition and supply of utility services for all Federal agencies.
Episode 21: Did You Know?
DID YOU KNOW? The Government is permitted to procure construction and architect/engineering services collectively under a “design/build” contract? Guidance for this type of procurement which increases efficiencies and lowers administrative burdens can be found at FAR...
MERE SUSPICION OF FRAUD INSUFFICIENT TO DEFEAT FINDING OF JURISDICTION OF BOARD
What does it take to divest a Contracting Officer (“CO”) of his/her authority to decide or resolve claims? In a recent case at the Civilian Board of Contract Appeals (“CBCA”), the Board held that a mere suspicion of fraud was insufficient to defeat a finding of board...
CONSTRUCTIVE CHANGE ORDERED, BUT THERE WERE NO DAMAGES
By Richard D. Lieberman, Consultant In a recent case at the Court Appeals for the Federal Circuit (“CAFC”), the Court concluded that the government ordered a constructive change, but the contractor received no compensation because it failed to prove that it suffered...
Episode 20: Did You Know?
DID YOU KNOW? Per FAR 35.007, a FAR Part 35 Research and Development (R&D) procurement is not subject to standard FAR Part 5 publication or FAR Part 6 "full and open" requirements. This is due to the government's desire to save time and money and fund only the...
Episode 20: Did You Know?
DID YOU KNOW? FAR Part 34.201 requires an Earned Value Management System (EVMS) during development of a major acquisition system. This can be accomplished by using EVMS or Agile Program Management Systems, which are not closely compatible. Since the government often...
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