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.
Contra Proferentem, Latent Ambiguity, And Contractor Wins Claim
There is a long-standing rule in government contracting known as “contra preferentem” (against the drafter) which states that where there is an ambiguity in a contract, it will be interpreted against the party who proffers (drafts and offers) the contract. The...
Allegation of Fraud 16 Months After Claim Was Filed Does Not Divest Board of Jurisdiction
One section of the Contract Disputes Act, 41 U.S.C. § 7103(c)(1) states that “[t]his section does not authorize an agency head to settle, compromise, pay or otherwise adjust any claim involving fraud.” Similar language is found in FAR 33.210(b) which states that...
Understanding a Release
Government contractors sometimes fail to recognize how difficult it is to “undo” a general release they have signed, typically at the end of their contract. (The government often forgets or ignores this as well and seeks to pursue a contractor after it has signed a...
Case of the Month – October 2020: AT&T Corporation
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 October case is AT&T Coproration. If you want to learn more about the Case of the Month...
Case of the Month – October 2020: Kellogg Brown & Root Services, Inc. v. Secretary of the Army
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 second October case is Kellogg Brown & Root Services, Inc. v. Secretary of the Army. If you want to...
Remand to Consider All Prongs of Ostensible Subcontractor Rule
A recently considered size decision was remanded to the Area Office of the Small Business Administration (“SBA”) by the Office of Hearings and Appeals (“OHA”) because the Area Office failed to consider all aspects of the ostensible subcontractor rule. Contego...
Civilian Board Diverges with Armed Services Board on Filing Appeals with Contracting Officers
Although the Armed Services Board of Contract Appeals (“ASBCA”) and the Postal Service Board of Contract Appeals (“PSBCA”) accepts appeals that are filed with the Contracting Officer (not the Board) within 90 days, the Civilian Board of Contract Appeals (“CBCA”)...
Contractor’s Interpretation Must be Reasonable in Type 1 Differing Site Conditions Claim
Contractor's Interpretation Must be Reasonable in Type 1 Differing Site Conditions Claim. The Federal Circuit recently discussed the requirements of a “differing site conditions” claim under the appropriate contract clause. U.S Army Corps of Engineers v. John C....
Incumbent’s Poor Performance Does Not Justify Sole Source Selection
Federal Acquisition Regulation (“FAR”) Subpart 6.3 deals with “Other Than Full and Open Competition” and identifies seven statutory authorities that permit contracting without providing for full and open competition. These are: Only one responsible source and no...
Agency Failed to Follow Solicitation Requirement by Excluding Parts of Proposal
Excluding Parts of Proposal: It is frequently the case that a proposal is rejected or downgraded because it fails to follow the requirements of the solicitation. Then there are situations where the agency itself fails to follow its own solicitation, and excludes...