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.
“PERVASIVE ERRORS” IN SOURCE SELECTION
It is rare when the Government Accountability Office (“GAO”) says that agency actions in its source selection for two different contractors showed “pervasive errors in the conduct of the competition and evaluation of proposals.” But that’s exactly what the GAO said...
SUM CERTAIN: CAN YOU CHOOSE BETWEEN TWO DIFFERENT AMOUNTS?
A claim for money requires “a written demand or written assertion … seeking, as a matter of right, the payment of money in a sum certain…” FAR 2.101. The Boards lack jurisdiction (which will result in dismissal of an appeal) if the claim seeks “approximately...
Did you know? FUN with the FAR Session 3
Did you Know? By: Lou Chiarella Government contracting can't be competitive or transparent unless contractors knows about it. FAR part 5, Publicizing, provides the rules on what and how things are publicized--and it's all in one place (beta.sam.gov). While the...
GAO SUSTAIN RATE AND EFFECTIVENESS RATE CONTINUE AT RELATIVELY STABLE RATES IN FISCAL 2020
By Richard D. Lieberman, Consultant The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2020 on December 23, 2020 (B-158766). The GAO actually received 2,149 protests in fiscal year (“FY”) 2020 but...
Indefinite Quantity Contracts Are Contracts but Blanket Purchase Agreements are Not
In two recent decisions, the Government Accountability Office (“GAO”) and the U.S. Court of Appeals for the Federal Circuit (“CAFC”) have clearly stated that indefinite delivery, indefinite quantity (“IDIQ”) contracts are contracts, but Blanket Purchase Agreements...
Report of the Armed Service Board of Contract Appeals for 2020
Report of the Armed Service Board of Contract Appeals for 2020 On October 27, 2020, the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) released its report on transactions and proceedings for fiscal year (“FY”) 2020. The report is interesting for its...
Informal Agency Protests: A Reminder
Formal agency protests must be submitted in accordance with Federal Acquisition Regulation (“FAR”) 33.103, which sets out specific rules, procedures and requirements. There is a simpler way to protest, the “informal agency protest,” which is governed by the rules...
Color Coded Training Chart Inadequate in Protest
This blog has frequently discussed poorly or inadequately written proposals which have caused agencies to deem them inadequate and not select the proposal for award. In a recent Government Accountability Office (“GAO”) protest, the protester’s proposal included a...
Typed Name is Acceptable as Signature for Contract Disputes Act
A recent decision of the Armed Services Board of Contract Appeals (“Board”) held that as long as a mark (such as a typed signature) purporting to act as a signature may be traced back to the individual making it, it counts as a signature for the purposes of the...
Filing Notice of Appeal at the Boards: Simple
Despite the government’s frequent attempts to have appeals dismissed on procedural grounds, filing an effective notice of appeal that will withstand dismissal is quite easy, as demonstrated in Archer Western Aviation Partners, ASBCA No. 62035 et. al, August 27, 2020. ...