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.
GAO Rules That Technically Rated Reasonably Priced Selection Method is Not OK With GSA Schedule BPA’S
The Government Accountability Office (“GAO”) recently ruled that the General Services Administration’s (“GSA”) use of a highest-technically rated, reasonably priced source selection method when establishing single-award blanket purchase agreements (“BPA’s) with...
Can’t Challenge CPAR in Bid Protest but Can Challenge Bad Faith in Selection
The Court of Federal Claims recently held that it could not consider a post-award bid protest of a Contractor Performance Assessment Report (“CPAR”); however, it could consider the bad faith actions of the agency which allegedly compromised the award of the contract...
Bait and Switch Redux-Even Without Required Commitment Letters
This blog has frequently explained an occasional protest-winning situation where an offeror engages in “bait and switch” in its proposal. Recently, the Government Accountability Office (“GAO”) sustained a protest where an offeror engaged in bait and switch on...
Racing Cars and Implied Contracts Made by the Head of an Agency
A recent court case reconfirmed that neither a Contracting Officer’s Representative (“COR”) nor a head of an agency has lawful authority to award an implied-in-fact contract. Panther Brands, LLC and Panther Racing, LLC v. United States, No. 116-1157C (Fed. Claims...
Civil False Claims Act Qui Tam Statistics
The Federal Government in Fiscal Year 2019 recovered more than $3 billion in Civil False Claims Act settlements and judgments. This included $844 million in non-Qui Tam amounts and $2.2 billion in Qui Tam amounts. The relator’s share in FY 2019 amounted to $272...
Federal Circuit Holds that Any Defect in Claim Certification can be Corrected
This blog has frequently reported on the form and certification required for a claim under the Contract Disputes Act. See “No Magic Words or Form Needed for a Claim” (Nov 19, 2019); “Final Contracting Officer Decision On Claim Does Not Cure Lack Of Certification”...
Guard Your Proprietary Information Carefully
A recent GAO decision on a protest that alleged that the agency improperly released the protester’s proprietary information is a case study on the contractor’s failing to guard its proprietary information carefully. Centerra Integrated Facilities Servs., LLC,...
Receipt of CO Decision Includes Receipt by your Attorney or Employee
The Court of Federal Claims recently held that when your attorney receives a Contracting Officer’s (“CO”) final decision under the Contract Disputes Act (“CDA”), the claimant has received it and the clock begins for appeal. Sandstone Assoc., Inc. v. United States, No....
Out of Scope Modification
A recent Navy contract modification of a weapon scope is an example of a classic out of scope modification that will be reviewed by the Government Accountability Office as an improper award without competition. Leupold Stevens, Inc., B-417796, Oct. 30, 2019. Leupold...
Even in Set-Asides, Price Must be Reasonable
A recent Court of Federal Claims (“COFC”) decision on a Service Disabled Veteran Owned Small Business (“SDVOSB”) set-aside for shredding services, emphasizes that all awards, even those set aside and in compliance with the Rule of 2, must be made at a reasonable...