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.
Board Will Not Dismiss a Claim for Lack of Adequate Notice after Detailed Decision, 5 Years After Claim Was Submitted
Board Will Not Dismiss a Claim for Lack of Adequate Notice after Detailed Decision, 5 Years After Claim Was Submitted The Boards of Contract Appeals and the Court of Federal Claims have jurisdiction to consider an appeal only if a valid claim was made. Recently, the...
Construction Bond Requirements Are Incorporated into Contracts by the Christian Doctrine
Under the “Christian Doctrine,” the standard bond requirements in construction contracts are incorporated by operation of law, even if the Contracting Officer fails to include them. As readers of this blog know, under the “Christian Doctrine” a contract will be read...
Rules for Set-Asides for Small Business, Including Women-Owned Small Business
The Government Accountability Office (“GAO”) recently considered a protest challenging a Department of Energy (“DOE”) decision not to set aside a solicitation for women-owned small business (“WOSB”) concerns. EDWOSB Transformer Servs, LLC, B-416683, Oct....
When Will the SBA Give “Present Effect” to Stock Sales or Agreements to Merge?
In a recent case at the Small Business Administration (“SBA”) Office of Hearings and Appeals, (“OHA”), the OHA clearly explained when “present effect” will be given to stock options, convertible securities and agreements to merge. This is important because such...
Armed Services Board Meritorious Dispositions Increase in 2018
In its annual report for fiscal year 2018, the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) noted an increase in the number of sustained (meritorious) contract appeals, and a decline in the total number of contract appeals. The two year comparison is...
“Defective” Claim Certification or “No Claim Certification”
In a recent Civilian Board of Contract Appeals case, Development Alternatives, Inc. v. Agency for Int’l Dev., CBCA 5942 et. al, September 27, 2018, the Board considered an appeal of a claim for $1.9 million for security services in Afghanistan. Holding that it had no...
Can a Rubber Stamped Signature Bind a Contractor?
Is a rubber stamped signature of the President of a company on a release of claims valid? The Civilian Board of Contract Appeals, under the facts in Penna Group, LLC v. Dept of Justice, CBCA 6155, Sept. 27, 2018, held that it was a valid release after completion of a...
Federal Circuit Warns Contracting Officers: Meet Your Needs With Commercial Items First
In 1994, Congress passed the Federal Acquisition Streamlining Act (“FASA”), Pub. L. No. 103-355, and included, codified as amended at 10 U.S.C. § 2377, a requirement that federal agencies, to the maximum extent practical, procure commercially available items and...
Size Protest Deadlines Do Not Apply if Agency Flouts Sealed Bidding Procedures
Agencies must strictly adhere to the procurement method as set forth in the Federal Acquisition Regulation (“FAR”). Failure to do so may result in a sustained protest. The FAR provides two principal methods of procurement, sealed bidding (Part 14 of the FAR) and...
GAO Jurisdiction Extends to Procurement Laws and Regulations but Not Questions of Fiscal Law or the Anti-Deficiency Act
In an Army procurement for web-based postage, Pitney Bowes, Inc., B-416220, July 11, 2018, the Government Accountability Office (“GAO”) recently made clear that its bid protest jurisdiction extends to violations of procurement laws and regulations, and does not...