Public Contracting Institute Blog
The Public Contracting Institute blog supplement our govcon training offerings with insightful articles written by leading professionals across the government contracts industry. Our professionals publish articles on topics on government contracts administration, accounting, bids/proposals, disputes, claims, and much more. For more inforamation about our blog, reach out to seminars@publiccontractinginstitute.com.
Additionally, look for the PCI Practical Matters Podcast, coming soon! It will cover the latest news in our industry, along with insightful commentary on the most important topics in Government Contracting.
Default Termination – The Correct Standard of Review
The Federal Circuit has clarified the the government’s burden when it terminates a contract for default. In a decision vacating and remanding a Civilian Board of Contract Appeals case, the court held that the government must prove the contractor was in default...
FULL PERFORMANCE OF COMMERCIAL CONTRACT TERMINATED FOR CONVENIENCE REQUIRES FULL PAYMENT
In a recent “by-the-book” termination for convenience, the Armed Services Board concluded that even though there was a valid termination for convenience by the government, the full amount of the contract was owed to the contractor because of the language of the...
Season 10: Episode 16 “FAR Facts”
Hello and thank you for joining us for our first fifteen Episodes of Fun with the FAR Season 10!Our next session will cover: FAR Part 27 (Patents, Data, and Copyrights) As we prepare for our sixteenth episode of Season 10, here are a few FAR Facts for us to think...
BREACH OF COVENANT NEED NOT BE SUBMITTED TO CONTRACTING OFFICER WITH EQUITABLE ADJUSTMENT CLAIM
The Court of Federal Claims recently ruled that a breach of contract (i.e. a breach of the covenant of good faith and fair dealing, or “Covenant”) does not occur until a claim for an equitable adjustment is wrongly denied by a contracting officer. When such an...
COOPERATIVE AGREEMENT PROVIDING FUNDS DOES NOT MAKE AN ENTITY A FEDERAL AGENCY
Does a non-profit organization qualify as a “federal agency” for purposes of Government Accounting Office (“GAO”) protest jurisdiction? The GAO says that even though the organization receives federal funding for a procurement, it is not a federal agency....
Season 10: Episode 15 “FAR Facts”
Hello and thank you for joining us for our first fourteen Episodes of Fun with the FAR Season 10!Our next session will cover: FAR Part 25 (Foreign Acquisition) As we prepare for our fifteenth episode of Season 10, here are a few FAR Facts for us to think about: Under...
SUSPENSION OF WORK AND PROTEST AFTER AWARD CLAUSES
The Armed Services Board of Contract Appeals recently addressed a claim caused by a suspension of work in a construction contract where a bid protest had been filed. Flatiron/Dragodos/Sukut JV, ASBCA Nos. 63019-20, April 4, 2023. The government moved to...
The FAR Compliance Program Requirement
Does your contract contain FAR 52.203-13? It’s one of those pesky FAR “boilerplate” clauses that contractors too often overlook. But you shouldn’t. This clause – we sometimes call it the “-13” clause – requires that contractors have a code of conduct...
SUM CERTAIN NEEDED FOR A GOVERNMENT CLAIM
In the Federal Acquisition Regulation a “claim” is defined as a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or...
Season 10: Episode 14 “FAR Facts”
Hello and thank you for joining us for our first thirteen Episodes of Fun with the FAR Season 10!Our next session will cover FAR Part 22 & FAR Part 23: FAR Part 22 (Application of Labor Laws to Government Acquisitions) and FAR Part 23 (Env’t, Energy and Water...
