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.
SO YOU THINK YOU GOT A GOVERNMENT CONTRACT? THINK AGAIN!
Many people think they have a valid government contract, but much of the litigation in the Courts and the Boards of Contract Appeals revolves around whether a contract was valid. To prove the existence of a contract with the government, a contractor must prove four...
DISPARATE TREATMENT IN EVALUATION OF OFFERS
It is a fundamental principle of government procurement that agencies must evaluate proposals on a common basis and in accordance with the terms of the solicitation. Agencies may not engage in disparate (unequal) treatment of offerors in their evaluation. On this...
The PCI Network – Compliance, Suspension and Debarment
This episode of The PCI Network focuses on Suspension and Debarment. David Drabkin, Director and Faculty at PCI discusses, how to maintain compliance and avoid suspension and debarment. Mr. Drabkin is currently the Director of Acquisition Policy with Northrop Grumman...
AFFIDAVITS ARE GENERALLY ACCEPTABLE IN SIZE APPEALS
The following saga of two appeals demonstrates the importance of sworn affidavits in size protests and size appeals. In the first appeal, CoSTAR Services, Inc., SBA No. SIZ-5745 (2016), the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”)...
WHAT IS A PREDECESSOR COMPANY FOR PAST PERFORMANCE PURPOSES?
The Government Accountability Office (“GAO”) recently ruled that in negotiated procurement, a company cannot attribute to itself the past performance of asserted “predecessor” companies where those companies are separate and distinct companies from the offeror....
CLAIMING COSTS OF PURSUING PROTESTS AT THE GOVERNMENT ACCOUNTABILITY OFFICE
A successful protester at the Government Accountability Office (“GAO”) is entitled to a GAO recommendation that the agency conducting the procurement should pay the costs of filing and pursuing the protest, including reasonable attorneys’ fees and consultant and...
AGENCIES CANNOT PRO-RATE INVOICES UNLESS THE CONTRACT SO STATES
Have you ever had a situation where a Government Agency advised you that it would reduce or pro-rate your monthly services invoice for days not worked, but your company objected and said “that procedure is not in our contract?” The Agency response is frequently: “so...
PROTESTER’S FAILURE TO REBUT OR SUBSTANTIVELY COMMENT
What happens when a protester submits a protest to the Government Accountability Office (“GAO”), the agency responds in its agency report with a detailed response to every assertion, but the protester fails to rebut or substantively address the agency’s arguments in...
OFFERS REMAIN OPEN EVEN IF “UNSUCCESSFUL”
Box 12 of Standard Form 33, “Solicitation, Offer and Award,” states that that the contractor agrees that if the agency accepts its offer within 60 calendar days, it will perform at the price offered. (The contractor may specify a different period for acceptance, but...
The PCI Network – Three Keys to a Winning Proposal
The next episode of The PCI Network is all about putting together a winning proposal. Lou Chiarella, Director and Faculty at PCI, shares three tips to help you craft a winning proposal. Mr. Chiarella is an attorney in the Washington, D.C. area with 20 years of...