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.
Correctible (Defective) Claim Certification
Correctible Defective Claim Certification In a recent blog on this site, “Defective” Claim Certification or “No Claim Certification,” this blog explained that a contractor’s failure to include a statutorily required certification when it submitted its initial claim to...
Boards and COFC Cannot Award Punitive Damages
ultant A recent case from the Armed Services Board of Contract Appeals (“ASBCA”) reminds us that the ASBCA, the Civilian Board of Contract Appeals, and the Court of Federal Claims cannot award punitive damages to a contractor. The recent case is John Shaw LLC d/b/a...
Requests for Equitable Adjustment Compared with Claims
The author recently gave a webinar and published a paper on the differences between Requests for Equitable Adjustments (“REA”) and Claims. The paper was published in National Contract Management’s Contract Management December 2018 issue. This is a summary of the key...
Offerors Who Fail to Follow Proposal Instructions
This blog has frequently noted the crucial importance for offerors to comply with instructions in a solicitation. This is particularly important in negotiated procurement, but also includes sealed bidding. Two new protest decisions from the Government...
New Law Extends Period to 5 Years for Calculating Small Business Revenue in Size Standards
On December 17, 2018, the President signed the “Small Business Runway Extension Act of 2018,” Pub L. No. 115-324 (“Runway Act”). This act changes the period for measuring small business revenue-based size standards from three years to five years. The size...
Foreign Ownership Doesn’t Preclude US Affiliate from Small Business Set-Aside Program
In a recent decision, the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) confirmed that even if a concern is a U.S. affiliate of a foreign-owned concern, it is still eligible for a small business set-aside contract. Size...
GAO Sustain Rate and Effectiveness Rate Remain Relatively Stable in 2018
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2018 on November 27, 2018 (B-158766). The GAO actually received 2,607 protests in fiscal year (“FY”) 2018 but dismissed or immediately...
How Is a Solicitation Amendment Constructively Acknowledged?
A bidder’s failure to acknowledge a material amendment to an Invitation for Bids (“IFB”) normally requires the agency to reject the bid as nonresponsive. To be responsive, a bid must comply in all material respects with the IFB. FAR 14.301(a). Where an...
Information on Lowest Price Technically Acceptable Process
Recently, the Government Accountability Office (“GAO”) issued a report on the Lowest Price Technically Acceptable (“LPTA”) process of procuring goods and services. Defense Contracting DOD Should Clarify Criteria for Using Lowest Price Technically...
Square Corners
Nearly 100 years ago, U.S. Supreme Court Justice Holmes wrote “Men must turn square corners when they deal with the Government.” Rock Island, Ark. & LA RR Co. v. United States, 254 U.S. 141, 143 (1920). About ten years later, 10th Circuit Judge McDermott added the...
