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.
Season 10: Episode 5 ” FAR Facts”
Hello and thank you for joining us for our first four Episodes of Fun with the FAR Season 10! Our next session will cover: FAR Part 8 (Required Sources of Supplies and Services), FAR Part 38 (Federal Supply Schedule Contracting), FAR Part 39 (Acquisition Information...
PROPER RECORD-KEEPING SYSTEM NEEDED FOR A COMMERCIAL TERMINATION FOR CONVENIENCE CLAIM
Federal Acquisition Regulation (“FAR”) FAR 52.212-4(l) (Contract Terms and Conditions for Commercial Products and Commercial Services) states that: FAR 52.212: Termination for the Government’s convenience. The Government reserves the right to terminate this contract,...
INCONSISTENT WITH CUSTOMARY COMMERCIAL PRACTICES
FAR 12.301: Both the U.S. Code and the Federal Acquisition Regulation (“FAR”) state a preference for commercial products and commercial services. The U.S. Code states that: “[t]he head of each executive agency shall ensure that procurement officials in that executive...
Season 10: Episode 4 ” FAR Facts”
Hello and thank you for joining us for our first three Episodes of Fun with the FAR Season 10! Our next session will cover: Part 7 (Acquisition Planning), Part 10 (Market Research) & Part 11 (Describing Agency Needs) .As we prepare for next...
CAN A “SUM CERTAIN” BE FOUND IN THE CLAIM?
CAN A “SUM CERTAIN” BE FOUND IN THE CLAIM? By Richard D. Lieberman, Consultant and Retired Attorney Most of this blog’s readers know that in order to qualify under the Contract Disputes Act as a claim, the claim must: Be a written demand or written assertion, seeking...
WHEN DOES THE GOVERNMENT BREACH THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING?
The Implied Covenant of Good Faith and Fair Dealing says that “every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement.” Restatement (Second) of Contracts $205 (1981). The implied covenant prohibits...
Season 10: Episode 3 ” FAR Facts”
Hello and thank you for joining us for our first two Episodes of Fun with the FAR Season 10!Our next session will cover: Part 5 (Publicizing Contract Actions) and Part 6 (Competition Requirements)As we prepare for next week's third episode of Season 10, here are a few...
E-MAIL ACCORD AND SATISFACTION FOR A MODIFICATION
Can the exchange of electronic documents (e.g., emails) between a Contracting Officer ("CO") and a contractor's Contracts Manager create a binding contract modification? The question was recently addressed by the Armed Services Board in Dawson Tech. LLC, ASBCA No....
NEXUS AND THE CONTRACT DISPUTES ACT
By Richard D. Lieberman, Consultant Does a board of contract appeals or the Court of Federal Claims have jurisdiction over a breach of a government contract government if negligence is alleged in a claim, or does the Federal Tort Claims Act (28 USC § 1346(b)) Control,...
Season 10: Episode 2 “FAR Facts”
Welcome back to Fun with the FAR, thank you for joining us for our first Episode of Fun with the FAR Season 10!Our second session will cover: Part 3 (Improper Business Practices and Personal Conflicts of Interest) The Office of Government Ethics (OGE) is the...