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.
DCAA, DCMA, and Regulatory Compliance Update (FL)
Interested in finance compliance? Join us in Florida for our two-day compliance tune up! Interested? click here to learn more or register! Feb 27: Compliance Update The Public Contracting Institute (PCI) is pleased to invite you to the annual DCAA/DCMA and Regulatory...
CONTRACTOR CANNOT WAIVE ITS RIGHT TO BOARD REVIEW UNDER THE CONTRACT DISPUTES ACT
A recent Armed Services Board of Contract Appeals (“ASBCA”) case confirms the fact that a contractor may not assign claims to a surety that waives the contractor’s right to appeal a contracting officer’s decision to the Board. Ikhana, LLC, ASBCA Nos. 60462 et al.,...
ARMED SERVICES BOARD SUSTAIN RATE INCREASES SLIGHTLY IN 2017
In Fiscal Year 2017, the number of appeals docketed at the Armed Services Board of Contract Appeals (“ASBCA”) declined slightly, however, there was a slight increase in the percentage of appealed sustained. Report of Transactions and Proceedings of the ASBCA for the...
CORRECTIVE ACTION WILL IMPROVE AN ADVERSE PAST PERFORMANCE IN SOURCE SELECTION
Past performance is a significant aspect of source selection in negotiated procurement. When faced with an adverse performance review that is being considered by an agency in a new procurement, what should be the contractor’s approach? A recent Government...
TERMINATION FOR CONVENIENCE SETTLEMENT MUST BE BASED ON COST
The Armed Services Board of Contract Appeals (“ASBCA”) recently explained that a settlement of a termination for convenience must be based on the costs incurred by the contractor, not on either contract line item number (“CLIN”) prices or some type of jury verdict...
ORAL ADVICE CANNOT AMEND A SOLICITATION
This blog has frequently frowned on a government contractor taking oral advice from any government official, even a contracting officer. For the most part, unless confronted with an emergency or time sensitive situation, contractors should insist that contracting...
A BUSINESS CONTROLLED BY A MAN IS NOT “WOMAN-OWNED”
The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) recently considered whether a business was a “Women-Owned Small Business” (“WOSB"). One section of the SBA rules on WOSBs is 13 CFR § 127.201, and this requires that one or more women...
HOW MANY MISTAKES CAN A DEFENSE LOGISTICS AGENCY CONTRACTING OFFICER MAKE?
A Defense Logistics Agency (“DLA”) contracting officer (“CO”) terminated a contract to provide jet fuel to Bagram airfield in Afghanistan, (including construction of a pipeline). The termination, however, was so erroneous that the Armed Services Board of Contract...
U.S. MINT NOT SUBJECT TO GOVERNMENT ACCOUNTABILITY OFFICE BID PROTEST JURISDICTION
The Government Accountability Office (“GAO”) recently confirmed that it has no bid protest jurisdiction over procurements made by the United States Mint. A-Z Cleaning Solutions, B-415228, Nov. 6, 2017. GAO reiterated the fact that under the Competition in Contracting...
INFORMATIONAL DEFICIENCIES IN A PROPOSAL
INFORMATIONAL DEFICIENCIES IN A PROPOSAL. Do you think it is proper for an agency to eliminate a proposal from consideration under the following circumstances: Nothing in the evaluation criteria of the Request for Proposals (“RFP”) stated that proposals would be...