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.
52.217-8 OPTION TO EXTEND SERVICES MAY BE EXERCISED BEFORE 52.217-9 OPTION TO EXTEND TERM OF CONTRACT
This blog has repeatedly explained that options in a contract must be exercised by the government in strict accordance with the terms of the option. However, a recent case as the Armed Services Board reminds us that there are normally two ways to continue a services...
AGREED UPON CONTRACT TERMS MUST BE ENFORCED
By Richard D. Lieberman, Consultant There is a long line of precedent which has established that contract terms that are agreed upon by the parties must be enforced. See Madigan v. Hobin Lumber Co, 986 F.2d 1401 (Fed. Cir. 1993). Recently, the Civilian Board of...
CLAIM ACCRUES WHEN INJURY OCCURS, NOT WHEN MONETARY DAMAGES ARE INCURRED
By Richard D. Lieberman, Consultant The Armed Services Board of Contract Appeals (“ASBCA”) recently held that the accrual of a claim occurs when some injury has occurred to a contractor. Actual monetary damages need not have been occurred. BNN Logistics, ASBCA Nos....
WHERE FRAUD IS ALLEGED IN THE CONTRACT, BUT NOT IN CLAIM ITSELF, BOARD HAS JURISDICTION
By Richard D. Lieberman, Consultant In a jurisdictional case, the Armed Services Board of Contract Appeals again reaffirmed that it had jurisdiction to consider claims when there are allegations of fraud in the contract, as long as there aren’t allegations of fraud in...
THE SOVEREIGN ACTS DOCTRINE
By Richard D. Lieberman, Consultant Because COVID-19 cases are raging in the United States, there may be more claims and Requests for Equitable Adjustment (“REAs”) relating to government contracts where the government delays or otherwise impedes a contractor. One of...
SMALL BUSINESS ADMINISTRATION REPORTS $245.7 BILLION IN PRIME CONTRACT AWARDS AND $82.8 BILLION IN SUBCONTRACT AWARDS IN 2020
By Richard D. Lieberman, Consultant Each fiscal year, the Small Business Administration reports on achievement of procurement goals, as required by Section 15(g) of the Small Business Act. 15 U.S.C.§ 644(g) (1) includes the various small business procurement goals...
LATE REVOCATION OF ACCEPTANCE
By Richard D. Lieberman, Consultant A recent Board case demonstrates that the government may revoke acceptance of a product, but that revocation must be made within a reasonable time after the reason for revocation is discovered or could have been discovered with...
PRICE REALISM DETERMINATION NOT REQUIRED ON FIXED-PRICE CONTRACT
By Richard D. Lieberman, Consultant The Government Accountability Office (“GAO”) recently reiterated its prior holdings that unless there is a provision in the solicitation providing for a price realism analysis (or states that low prices will result in rejection of a...
CAN YOU BID ZERO ($0) OR LESS IN A FIXED PRICE CONTRACT?
By Richard D. Lieberman, Consultant The answer to the question in the title is “yes,” when bidding on a single Contract Line Item Number (“CLIN”) or the entire contract, unless the solicitation prohibits such a bid. The Government Accountability Office (“GAO”) has...
CAN AN APPEAL TO A BOARD BE FILED AFTER THE 90 DAY DEADLINE?
By Richard D. Lieberman, Consultant The Contract Disputes Act, 41 U.S.C. §§ 7101-7109 requires that a contractor appeal a contacting officer’s decision to an agency Board (such as the Civilian Board or the Armed Services Board) “within 90 days from the date of...
