Public Contracting Institute Blog
Courts Must Review Validity of Underlying Debt in Order to Offset Under DCA
The Federal Debt Collection Act of 1982 (“DCA”), provides a way for agencies to offset a pre-existing, valid debt. Pursuant to the DCA the U.S. Government is authorized to “withhold[] funds payable by the United States…to satisfy a claim.” 31 U.S.C. § 3701(a)(1). “A...
Course of Dealing
A “course of dealing” is a “sequence of previous conduct between the parties to an agreement which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.” T&M Distribs., Inc., ASBCA No. 51405...
Case of the Month – November 2020: Teledyne Brown Engineering, Inc.
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. The first November case is AT&T Coproration. View the session free. Teledyne Brown Engineering, Inc....
Case of the Month – November 2020: REGIMENT CONSTRUCTION CORP., v. DEPARTMENT OF VETERANS AFFAIRS
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. The first November case is AT&T Coproration. View the session free. REGIMENT CONSTRUCTION CORP., v....
Not a Claim
Contractors should use caution when submitting an appeal to a Board of Contract Appeals or the Court of Federal Claims. Contractors must ensure that there is an underlying claim, pursuant to the Contract Disputes Act (“CDA”) that they can appeal. One recent...
Contra Proferentem, Latent Ambiguity, And Contractor Wins Claim
There is a long-standing rule in government contracting known as “contra preferentem” (against the drafter) which states that where there is an ambiguity in a contract, it will be interpreted against the party who proffers (drafts and offers) the contract. The...
Allegation of Fraud 16 Months After Claim Was Filed Does Not Divest Board of Jurisdiction
One section of the Contract Disputes Act, 41 U.S.C. § 7103(c)(1) states that “[t]his section does not authorize an agency head to settle, compromise, pay or otherwise adjust any claim involving fraud.” Similar language is found in FAR 33.210(b) which states that...
Understanding a Release
Government contractors sometimes fail to recognize how difficult it is to “undo” a general release they have signed, typically at the end of their contract. (The government often forgets or ignores this as well and seeks to pursue a contractor after it has signed a...
Case of the Month – October 2020: AT&T Corporation
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. The first October case is AT&T Coproration. If you want to learn more about the Case of the Month...
Case of the Month – October 2020: Kellogg Brown & Root Services, Inc. v. Secretary of the Army
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. The second October case is Kellogg Brown & Root Services, Inc. v. Secretary of the Army. If you want to...
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