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.
A VAGUE EMAIL IS NOT A PROTEST
In a recent size appeal filed at the Small Business Administration Office of Hearings and Appeals (“OHA”), the Office made it clear that a vaguely worded email that does not explicitly state it is a protest and ask for specific relief, will not be considered to be a...
WHEN CAN AN AGENCY CANCEL A FAR PART 15 PROCUREMENT AND START FROM SCRATCH?
The Court of Federal Claims recently considered whether and under what circumstances, the government may cancel a Federal Acquisition Regulation (“FAR”) part 15 procurement and start over from scratch. Seventh Dimension, LLC v. United States, No. 21-2275C (Fed. Cl....
THIRTEEN POTENTIAL GOVERNMENT CLAIMS
Just as a contractor may submit a claim arising from a government contract, so too may the government file a claim against a contractor in a variety of situations. An agency may (but is not required) to issue a demand letter requiring action by the contractor by a...
COVID-19 AND SOVEREIGN ACTS DOCTRINE
By Richard D. Lieberman, Consultant Under the right set of circumstances, the government will not be liable for obstructions to the performance of contracts resulting from its public and general acts as the sovereign. JE Dunn Const. Co, ASBCA No. 62936, April 25,...
GOVERNMENT BREACH OF PAYMENT CLAUSE
By Richard D. Lieberman, Consultant In an interesting case whose outcome is not yet finally determined, the Federal Circuit held that the Army materially breached a payment clause by making payments to an entity not in the contractor’s Central Contractor Registration...
DURESS IN SIGNING A WAIVER
By Richard D. Lieberman, Consultant An interesting case concerning waivers was recently decided by the Court of Federal Claims. Cornelio Salazar d/b/a USA Ranch v. United States, No. 211-1114C (Fed. Claims May 3, 2022). The most interesting issue concerns whether...
UNTIMELY RECEIPT OF APPEAL-FEDEX DELIVERY
By Richard D. Lieberman, Consultant A recent Civilian Board of Contract Appeals decision reminds us all of the jurisdictional nature of filing an appeal with the Board within 90 days of receipt of the contracting officer’s (“CO”) decision. Eagle Peak Rock &...
INCORPORATION BY REFERENCE
By Richard D. Lieberman, Consultant and Retired Attorney. Incorporation by Reference “provides a method for integrating material from various documents into a host document…by citing such material in a manner that makes clear that the material is effectively part of...
SOURCE SELECTION OFFICIAL MAY RELY ON PERSONAL KNOWLEDGE IN SOURCE SELECTION.
By Richard D. Lieberman, Consultant and Retired Attorney May an agency Source Selection Official rely on his/her personal knowledge in making a source selection? The answer is provided in Veterans Choice Med. Equip, LLC, B-419991, Oct. 20, 2021, which is yes, if the...
WHEN CAN A PRICES IN A FIXED PRICE CONTRACT BE REFORMED?
By Richard D. Lieberman, Consultant and Retired Attorney There are only very narrow circumstances under which the prices in a fixed-price contract can be reformed. Unfortunately, in the case of Cooper Ports America, LLC, ASBCA No. 61349, Feb. 10, 2022, those...
