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.
FREEDOM OF INFORMATION ACT REQUEST DOES NOT TOLL THE STATUTE OF LIMITATIONS ON A CLAIM
A recent straightforward case at the Court involving a claim that the Army breached its duty of good faith and fair dealing, as well as its implied duty to cooperate and not hinder resulted in a dismissal because it was beyond the statute of limitations. J. Star...
Season 11: Episode 1 “FAR Facts”
Hello and thank you for joining us for Episode 1 of Fun with the FAR Season 11! Our first session will cover: FAR Part 1 (Federal Acquisition Regulations System) and FAR Part 2 (Definitions of Words and Terms)! As we prepare for our 1st episode of Season 11, here are...
NO EQUITABLE TOLLING OF SIX YEAR STATUTE OF LIMITATIONS ON SUBMISSION OF CLAIM
In a complex case, the Civilian Board of Contract Appeals denied relief on a certified claim of $3.1 million for medical services where the contractor had billed for patient payments as inpatient status but the Department of Veterans Affairs (“VA”) had only authorized...
NEITHER CONTRACTOR NOR GOVERNMENT MAY UNILATERALLY CHANGE PAYMENT TERMS ON HOUSEHOLD GOODS SHIPMENTS
The Court of Claims recently made an unsurprising ruling in a case involving the transportation of 2,532 shipments of household goods for the Department of Defense (“DOD”), ruling that neither party had a legal right to alter the payment terms of the contracts. The...
CHRISTIAN DOCTRINE INCLUDES SERVICE CONTRACT ACT CLAUSE
Here is another board case where the Christian Doctrine mandated the inclusion of the Service Contract Act (“SCA”) Clause, even though the agency failed to include it in the solicitation. Innovative Tech., Inc., ASBCA Nos. 61686, 62185. There were a few clues in the...
UNTIMELY APPEAL
Under the Contract Disputes Act, the final decision of a contracting officer “is not subject to review by any forum, tribunal, or Federal Government agency, unless an appeal or action is timely commenced.” 41 U.S.C. § 7103(g). To initiate an appeal from such a final...
Veteran-Owned Business Contracting: Leveraging Set-Aside Programs for Growth
Introduction: A Strategic Advantage for Veterans Veteran-owned businesses offer a wealth of knowledge, resilience, and leadership to the American economy. To bolster this sector, it is crucial to understand the power of set-aside programs. These federal initiatives...
VOID AB INITIO
A contract is void or voidable if the award resulted from misrepresentations in a contractor’s offer. This remedy is necessary when a contractor materially misrepresents information in its offer due to the potential “injury to the public interest by actions which...
Incomplete Attachment in Proposal
This blog has frequently stressed the importance of responding to any solicitation by the due date/time, fully, and in complete accord with the solicitation. In Better Direct, LLC, B-419893.27, July 5, 2023, an offeror’s proposal was eliminated from consideration...
GAO Bid Protest Activity In Fiscal Year 2023 – Increases In Protests And Sustains
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2023 on October 26, 2023 (B-158766). The GAO actually received 2,025 protests in fiscal year (“FY”) 2023 but dismissed or immediately denied or...