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.
Constructive Notice of Contracting Actions
“Constructive” is defined as “legally imputed; existing by virtue of legal fiction though not existing in fact.” Blacks Law Dict. (Tenth Ed. 2014). Several types of constructive actions occur in government contracting, such as: Constructive change (no actual change...
Contractor’s Failure to Respond
A recent decision of the Civilian Board of Contract Appeals (“CBCA”) demonstrates the importance of a contractor responding to government motions as provided in the Board Rules. In Carmazzi Global Solutions, Inc. v. Social Security Administration, CBCA 6264 et al.,...
Case of the Month – December 2020
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. If you do not need credit for the session, join for free at this link, using the code: NoCreditFree Here is a...
Board again Refuses to dismiss Claim Based on Late Fraud Allegation
In a recent Armed Services Board of Contract Appeals (“ASBCA”) case, the Board rejected the government’s right to remove a case where the government rescinded a final contracting officer’s decision based upon a late determination of fraud. Mountain...
Brand Name Procurement Requires Justification and Approval
The FAR is very clear that if an agency seeks to use the “brand name [or equal]” method of procurement, this essentially is a sole-source procurement that requires that the contracting officer prepare a supporting justification that is approved. FAR 11.105(a)(1),...
Courts Must Review Validity of Underlying Debt in Order to Offset Under DCA
The Federal Debt Collection Act of 1982 (“DCA”), provides a way for agencies to offset a pre-existing, valid debt. Pursuant to the DCA the U.S. Government is authorized to “withhold[] funds payable by the United States…to satisfy a claim.” 31 U.S.C. § 3701(a)(1). “A...
Course of Dealing
A “course of dealing” is a “sequence of previous conduct between the parties to an agreement which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.” T&M Distribs., Inc., ASBCA No. 51405...
Case of the Month – November 2020: Teledyne Brown Engineering, Inc.
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. The first November case is AT&T Coproration. View the session free. Teledyne Brown Engineering, Inc....
Case of the Month – November 2020: REGIMENT CONSTRUCTION CORP., v. DEPARTMENT OF VETERANS AFFAIRS
PCI has started a new webinar series, the Case of the Month Club. Each month PCI’s Government Contracts law experts will discuss one or two recent cases. The first November case is AT&T Coproration. View the session free. REGIMENT CONSTRUCTION CORP., v....
Not a Claim
Contractors should use caution when submitting an appeal to a Board of Contract Appeals or the Court of Federal Claims. Contractors must ensure that there is an underlying claim, pursuant to the Contract Disputes Act (“CDA”) that they can appeal. One recent...
