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.
115 PER CENT PRICE PREMIUM NOT WORTH IT
By Richard D. Lieberman, Consultant When you read about best value (tradeoff) decisions in Government Accountability Office (“GAO”) bid protests, you may wonder why so many higher technically rated proposals with higher prices end up being selected for award. In...
GOVERNMENT CANNOT EXTEND A CONTRACT AFTER IT EXPIRES
By Richard D. Lieberman, Consultant In an interesting case, the Armed Services Board of Contract Appeals (“ASBCA”) held that the government cannot unilaterally extend services under FAR 52.217-8 (Option to Extend Services) after an ineffective attempt to exercise an...
Season 10: Episode 1 “FAR Facts”
Hello and welcome back to FUN with the FAR! This is our 10th Season of this series, and we are happy to have you all joining us. Every week preceding our FWTF program, we will post a couple of "FAR Facts" to get you prepared for the upcoming session. Our first session...
FAILURE TO NOVATE
By Richard D. Lieberman, Consultant The Assignment of Claims Act, 31 USC § 3727 and the Assignment of Contracts Act, 41 USC §6305 broadly prohibit transfers of contracts involving the United States, or interests therein, and assignment of claims against the United...
CONSTRUCTION CONTRACTS MAY EXCLUDE WAGE ADJUSTMENTS EVEN IF THERE IS A NEW WAGE DETERMINATION
Exclude Wage Adjustment Clauses” this author explained that contracting officers may include a “no wage adjustment clause for a new wage determination” as follows: Construction contracts that are subject to the Davis-Bacon Act (40 USC §§ 3131-3148), are required to...
AGENCY ONLY NEEDS A REASONABLE BASIS TO CANCEL A SOLICITATION
By Richard D. Lieberman, Consultant In a recent protest, the Government Accountability Office (“GAO”) reaffirmed its approach to agency cancellations of a solicitation—namely that an agency has broad authority to decide to cancel a solicitation and need only establish...
CONTRACTING OFFICER CANNOT ISSUE A “FINAL DECISION” TO CREATE A CLAIM
By Richard D. Lieberman, Consultant and Retired Attorney A recent decision of the Civilian Board of Contract Appeals (“CBCA”) dismissed for lack of jurisdiction an appeal which was based on a Contracting Officer’s “final decision” on a Request for Equitable Adjustment...
COURT OF FEDERAL CLAIMS HAS JURISDICTION OVER PROTESTS IN OTHER TRANSACTION AGREEMENTS (“OTA”)
By Richard D. Lieberman, Consultant There may have been some doubt about whether the Court of Federal Claims (“CFC”) has bid protest jurisdiction over Other Transaction Agreement, which are non-FAR contracts, but the Court recently held that it had jurisdiction under...
“IMPLICIT PROMISE” IN FEDERAL SUPPLY SCHEDULE NOT GOOD ENOUGH TO MEET SOLICITATION REQUIREMENTS
By Richard D. Lieberman, Consultant The Government Accountability Office (“GAO”) recently sustained a protest of an agency’s evaluation and source selection which made award to a firm that submitted a quote that failed to meet material solicitation requirements. ...
CONTRACTING OFFICER’S CLAIM WAS NOT “FINAL DECISION” BECAUSE IT INVITED CONTRACTOR TO SUBMIT FACTS AND DOCUMENTATION BEFORE FINAL DECISION
By Richard D. Lieberman, Consultant The linchpin for appealing claims under the Contract Disputes Act is a Contracting Officer’s final decision and a contractor may not appeal to the agency board or the Court of Federal Claims without such a decision. 41. U.S.C....
