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.
Digital Signature Certification Valid
Digital Signature Certification Valid. In a 2017 blog titled “How to Sign Your Claim and Certification” (November 28, 2017), this author discussed some of the pitfalls in claim signatures and certification, and recommended that contractors “not type “signed” or...
New Developments in the Mandatory Disclosure Rule that In-House Counsel Must Know
New Developments in the Mandatory Disclosure Rule that In-House Counsel Must Know: A Brief Note David Newsome, Jr.[i] Of the many and diverse duties and responsibilities of in-house counsel for government contractors, one of the more important roles is advising and...
Patent Ambiguity
By Richard D. Lieberman, Consultant This blog has frequently explained the duty of a contractor to inquire about a patent ambiguity in a solicitation (or a contract) before submitting an offer or before beginning to perform the contract. A very simple patent...
The Agency Made Four Mistakes in the Procurement
In a more “normal” protest, an agency may make one or two mistakes that causes the Government Accountability Office (“GAO”) to sustain the protest. But in a recent protest of a Department of Agriculture competition for information technology services, the agency made...
Defense Issues Rule Limiting Use of Lowest Priced Technically Acceptable Procurements
On September 26, 2019 the Department of Defense issued a final rule in the Defense Federal Acquisition Regulation Supplement (“DFARS”) that limits use of lowest priced technicaly acceptable (“LPTA”) source selection in Department of Defense Procurements. The new rule...
GAO Sustain Rate and Effectiveness Rate Continue at Relatively Stable Rates in Fiscal 2019
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2019 on November 5, 2019 (B-15866). The GAO actually received 2,198 protests in fiscal year (“FY”) 2019 but dismissed or immediately denied or...
FEMA Regional Administrator and Deputy Indicted for Conspiracy, Honest Services Wire Fraud, Disaster Fraud, False Statements and Conflicts of Interest
On September 10, 2019, a Federal Emergency Management Agency (“FEMA”) Deputy Regional Administrator and a FEMA Deputy Chief of Staff were indicted along with the former president of Cobra Acquisitions, LLC. The indictment by a federal grand jury in the district of...
Prior Course of Dealing
The Armed Services Board of Contract Appeals (“ASBCA”) recently held that on a matter of contract interpretation, a prior course of dealing should be used in awarding a contractor its full claim on the requirements for personnel staffing. Fluor Federal Solutions,...
Department of Justice Issues Guide for Determining if Commercial or Financial Information is Confidential Under FOIA
In early October, this blog explained that The Supreme Court recently considered the Freedom of Information Act (“FOIA”) exemption at 5 USC § 552 (b)(4), confidential commercial information, and narrowed the basis on which an agency could withhold information . The...
Mechanical Receipt of Agency Protest Decision on Non-Business Day Does Not Trigger Constructive Knowledge
As readers of this blog are aware, where a contractor initially files a protest at an agency, any subsequent protest to the Government Accountability Office (“GAO”) must be filed within 10 calendar days of “actual or constructive knowledge of initial averse agency...
