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 and SBA Confirm That Runway Act Requires Rulemaking
In a recent decision, the Government Accountability Office (“GAO”) confirmed the position of the Small Business Administration (“SBA”) that the Small Business Runway Extension Act of 2018, Pub. L. No. 115-324 (“Act”) requires rulemaking by the SBA before the size...
Supreme Court Eases The Definition Of Confidential Commercial Information Exempt From FOIA
The Freedom of Information Act (5 USC 552, or “FOIA”) requires that upon request, an agency shall “shall make [] records promptly available to any person.” However, there are nine exemptions under which an agency may deny the requested records, as follows: (All are...
GAO Lacks Jurisdiction Over Civilian Task Orders Valued At Less Than $10 Million
The Government Accountability Office (“GAO”) recently dismissed a bid protest on a civilian procurement where the task order’s value was less than $10 million, and there was no provision for pricing or evaluation of an option to extend the task order. Adams &...
Offerors – Don’t Introduce New Weaknesses In Proposals After Discussions
In a recent bid protest, the Army Corps of Engineers (“Corps”) identified and notified an offeror of 26 weaknesses in its proposal during discussions. The offeror made extensive revisions in its Final Proposal Revisions, correcting many weaknesses, but introducing...
Final Contracting Officer Decision On Claim Does Not Cure Lack Of Certification
Final Contracting Officer Decision On Claim Does Not Cure Lack Of Certification The Civilian Board of Contract Appeals reinforced the statutory and regulatory framework for claims over $100,000 that lack certification when submitted to the Contracting Officer. Such...
No Unilateral Mistake Allowed In Woodies’ Leases To GSA
The Court of Federal Claims held that the General Services Administration (“GSA”) could not recover and re-charge Woodies Holdings LLC for a tax-sharing provision that GSA itself had authored in five leases that GSA had signed. Woodies Holdings, LLC, v. United...
Agency cannot Re-Litigate Issues Previously Decided in an Appeal on a Claim
The Department of Energy (“DOE”) sought to pay only a portion of amounts that the Civilian Board of Contract Appeals (“CBCA”) had awarded to a contractor in a previous appeal (CBCA 3876). The CBCA had previously awarded CH2M $27.4 in incentive fees and $6 million for...
Even if Procurement is not set aside for Small Business, Sometimes a Contractor May Appeal
A recent appeal of a North American Industry Classification System (“NAICS”) code demonstrates that there are certain circumstances where a contractor may appeal the code, even if it is contained in a procurement that is not set aside for small business. Keystone...
Department of Justice (DOJ) Issues Guidance on False Claims Act Cooperation Credit
The DOJ on May 7, 2019 issued new policy via the DOJ Manual pertaining to how it will award credit to defendants who cooperate during a False Claims Act (“FCA”) investigation. The new guidance stresses that credit that will be provided when entities or individuals...
Breaking a Price Tie by Selecting a Higher Quality Offer
In a lowest-priced, technically acceptable acquisition by the Department of State using commercial item and simplified acquisition procedures for four rental vehicles, two vendors submitted technically acceptable quotations at the same price. The Request for...