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.
DISCUSSIONS-HIGH PRICE OR UNREASONABLE HIGH PRICE
Federal Acquisition Regulation (“FAR”) 15.306 states that negotiations with offerors in the competitive range are designed to “maximize the Government’s ability to obtain best value, based on the requirement and evaluation factors set forth in the solicitation.” This...
ADVERSE INFERENCE IN SIZE APPEALS
The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) has a very clear-cut set of guidelines for deciding appeals of contractor’s size protests in connection with set-asides or other size issues. In response to a size protest, an Area...
Did You Know? FUN with the FAR Session 7
Did You Know? By: Jason Workmaster, Partner, Miller & Chevalier If you’re a commercial company interested in contracting with the Federal Government, then you’ll want to understand the in’s and out’s of how the government contracts for commercial items under FAR...
Did You Know? FUN with the FAR Session 1
Did You Know? By: Daniel Kelly, Partner, McCarter & English It was a privilege and a pleasure to guest host Steve Daoust’s first episode of Fun with the FAR – in full Star Trek uniform no less. Steve takes us where no one has gone before through his novel and...
Did You Know? FUN with the FAR Session 9
Did You Know? By: Tim Sullivan Sometimes the most interesting parts of Steve’s presentations are when he talks about things other than the FAR. For instance, in Wednesday’s session, Steve took the time to outline several basic steps that an offeror should take when...
CONTRACTING OFFICER MUST CONSIDER REQUEST FOR EQUITABLE ADJUSTMENT “IN GOOD FAITH AND REASONABLENESS”
The Federal Circuit recently considered the Federal Acquisition Regulation (“FAR”) language which requires a Contracting Officer to “consider an equitable adjustment to the contract” if required government furnished property in a contract is not delivered to the...
Did You Know? FUN with the FAR Session 8
Did you know? By: Kara Sacilotto, Wiley Law Contractors are stewards of the public fisc too. FAR part 9 ensures that the Government enters into contracts with “responsible” contractors and includes processes for the Government to follow if it questions whether a...
CONTRACTOR MAY USE LEGENDS TO RESTRICT DATA RIGHTS OF NON-U.S. GOVERNMENT THIRD PARTIES
The Defense Federal Acquisition Regulation Supplement (“DFARS”) requires the inclusion of a clause in any contract in which noncommercial technical data will be delivered to the government. The clause is DFARS 252.227-7013 (the “7013 clause”), and it identifies...
CONTRACT LANGUAGE MATTERS-THE GOVERNMENT CANNOT REWRITE A CONTRACT
The Court of Appeals for the Federal Circuit (“CAFC”) recently issued a significant opinion that makes it very clear to agencies that the language they place in a contract matters, and the Government cannot rewrite a contract. Kiewit Infrastructure West Co. v. United...
COURT OF FEDERAL CLAIMS HAS JURISDICTION OVER REMOVAL FROM QUALIFIED PARTS LIST
Reversing a Court of Federal Claims ruling, the Court of Appeals for the Federal Circuit (“CAFC”) recently held that a bidder that had been removed from a Qualified Parts List (“QPL”), and thereby barred from responding to solicitations subject that QPL, could...