Public Contracting Institute Blog
Bait and Switch Redux-Even Without Required Commitment Letters
This blog has frequently explained an occasional protest-winning situation where an offeror engages in “bait and switch” in its proposal. Recently, the Government Accountability Office (“GAO”) sustained a protest where an offeror engaged in bait and switch on...
Racing Cars and Implied Contracts Made by the Head of an Agency
A recent court case reconfirmed that neither a Contracting Officer’s Representative (“COR”) nor a head of an agency has lawful authority to award an implied-in-fact contract. Panther Brands, LLC and Panther Racing, LLC v. United States, No. 116-1157C (Fed. Claims...
Civil False Claims Act Qui Tam Statistics
The Federal Government in Fiscal Year 2019 recovered more than $3 billion in Civil False Claims Act settlements and judgments. This included $844 million in non-Qui Tam amounts and $2.2 billion in Qui Tam amounts. The relator’s share in FY 2019 amounted to $272...
Federal Circuit Holds that Any Defect in Claim Certification can be Corrected
This blog has frequently reported on the form and certification required for a claim under the Contract Disputes Act. See “No Magic Words or Form Needed for a Claim” (Nov 19, 2019); “Final Contracting Officer Decision On Claim Does Not Cure Lack Of Certification”...
Guard Your Proprietary Information Carefully
A recent GAO decision on a protest that alleged that the agency improperly released the protester’s proprietary information is a case study on the contractor’s failing to guard its proprietary information carefully. Centerra Integrated Facilities Servs., LLC,...
Receipt of CO Decision Includes Receipt by your Attorney or Employee
The Court of Federal Claims recently held that when your attorney receives a Contracting Officer’s (“CO”) final decision under the Contract Disputes Act (“CDA”), the claimant has received it and the clock begins for appeal. Sandstone Assoc., Inc. v. United States, No....
Out of Scope Modification
A recent Navy contract modification of a weapon scope is an example of a classic out of scope modification that will be reviewed by the Government Accountability Office as an improper award without competition. Leupold Stevens, Inc., B-417796, Oct. 30, 2019. Leupold...
Even in Set-Asides, Price Must be Reasonable
A recent Court of Federal Claims (“COFC”) decision on a Service Disabled Veteran Owned Small Business (“SDVOSB”) set-aside for shredding services, emphasizes that all awards, even those set aside and in compliance with the Rule of 2, must be made at a reasonable...
Digital Signature Certification Valid
In a 2017 blog titled “How to Sign Your Claim and Certification” (November 28, 2017), this author discussed some of the pitfalls in claim signatures and certification, and recommended that contractors “not type “signed” or anything else on a claim or certification,...
New Developments in the Mandatory Disclosure Rule that In-House Counsel Must Know
New Developments in the Mandatory Disclosure Rule that In-House Counsel Must Know: A Brief Note David Newsome, Jr.[i] Of the many and diverse duties and responsibilities of in-house counsel for government contractors, one of the more important roles is advising and...
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