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.
CONSTRUCTION CONTRACTS (BUT NOT SERVICE CONTRACTS) MAY EXCLUDE WAGE ADJUSTMENT CLAUSES
Construction contracts that are subject to the Davis-Bacon Act (40 USC §§ 3131-3148), are required to include one of three possible wage adjustment clauses where there is a wage determination increase, one of which is a “no-adjustment” clause. Contracts for services...
GAO ACTIVITY IN BID PROTESTS REMAINS STABLE IN FISCAL 2021
By Richard D. Lieberman, Consultant The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2021 on November 16, 2021 (B-158766). The GAO actually received 2,017 protests in fiscal year (“FY”) 2021 but...
WHEN DOES A CLAIM ACCRUE WHEN THERE IS AN ADMINISTRATIVE APPEAL?
By Richard D. Lieberman, Consultant When does a claim accrue for a tax or duty imposed after award by a foreign government? And what happens if the contractor appeals the tax or duty? Does accrual occur when the tax or duty was first imposed, or after the...
FRAUD, BIBES, STEERING AND LIMITING COMPETITION BY CORRUPT DEPARTMENT HEAD AT WALTER REED MEDICAL CENTER
By Richard D. Lieberman, Consultant On September 30, 2021, David Laufer, 64, of Pittsburgh, Pennsylvania and formerly of Bethesda, Maryland, was sentenced to eight months in federal prison, followed by one year of supervised release, for acceptance of gratuities by a...
Updated: INCREDIBLY BAD ACTIONS BY THE ARMY IN A BID PROTEST—AND THE AFTERMATH
By Richard D. Lieberman, Consultant Most bid protest decisions, whether issued by the Government Accountability Office (“GAO”) or the U.S. Court of Federal Claims (“CFC”) are generally very blandly written, discussing problems and non-problems in a source selection. A...
POTENTIAL IMPLIED-IN-FACT CONTRACT PROVIDES POTENTIAL JURISDICTION FOR BOARD
By Richard D. Lieberman, Consultant Siemens Government Technologies alleged in its claim that the Army owed it $2,889,715 for both a written contract and a contract implied-in-fact with the Army Corps of Engineers (“Corps”). The Army moved to dismiss the appeal for...
INCREDIBLY BAD ACTIONS BY THE ARMY IN A BID PROTEST
By Richard D. Lieberman, Consultant Most bid protest decisions, whether issued by the Government Accountability Office (“GAO”) or the U.S. Court of Federal Claims (“CFC”) are generally very blandly written, discussing problems and non-problems in a source selection. A...
“ILLUSORY” INDEFINITE DELIVERY CONTRACTS
By Richard D. Lieberman, Consultant MLB Transportation, Inc. performed a contract to transport patients in wheelchairs by van from the Department of Veterans Affairs (“VA”) hospital in Atlanta, GA to their homes. Because payments declined due to a decreased need for...
READ ANY RELEASE CAREFULLY-TWICE!
By Richard Lieberman, Consultant A “release” is the “act of giving up a right or claim to the person against whom it could have been enforced.” Black’s Law Dictionary (10th Ed, 2014). Releases are frequently used by the government in modifications (for change orders...
EXPERIENCE vs. PAST PERFORMANCE AND WHAT ABOUT MULTIPLE OFFERS?
Copyright 2021 Richard D. Lieberman, Consultant & Retired Attorney Two recent Government Accountability Office (“GAO”) protest decisions highlighted once again the difference between an offeror’s experience and its past performance, and how this difference plays...