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.
THE CONSEQUENCES OF ABUSING THE PROTEST PROCESS
Latvian Connection LLC submitted 150 protests to the Government Accountability Office (“GAO”) during the first eleven months of fiscal year 2016. These protests challenged a wide variety of acquisitions (some of which were fully performed years earlier) conducted by...
MUST YOUR CLAIM BE CERTIFIED BY THE PERSON WHO SIGNED YOUR CONTRACT?
MUST YOUR CLAIM BE CERTIFIED BY THE PERSON WHO SIGNED YOUR CONTRACT? The Civilian Board of Contract Appeals (“CBCA”) recently set forth the requirements for a person who signs a contractor’s certification of its claim. AMX Veterans Spec. Servs., LLC v. Dept of...
A FOOTNOTE ABOUT DISCUSSIONS AND FINAL PROPOSAL REVISIONS
In a recent blog, I explained that an agency does not need to give offerors a chance to submit a second final proposal revision. See “Don’t Hurt Your Chances to Win in Your Final Proposal Revisions,” Sept. 7, 2016. So if you introduce problems or deficiencies in your...
DEMYSTIFYING APPEALS BEFORE THE BOARDS OF CONTRACT APPEALS
This blog frequently discusses appeals before the Armed Services Board of Contract Appeals (“ASBCA”) and the Civilian Board of Contract Appeals (“CBCA”). Although appeals may appear to be complex, there is generally a regular order of procedure that is followed....
WILL AN EMPLOYEE STRIKE EXCUSE A DEFAULT? WHAT IS A STRIKE?
The fixed price default clause at Federal Acquisition Regulation (“FAR”) 52.249-8(c) as well as the “excusable delays” clause in commercial item contracts at FAR 52.212-4(f) provide that a contractor shall not be liable for default in the event of “strikes.” The...
ARE YOU ENTITLED TO AN EQUITABLE ADJUSTMENT?
It is not possible to delineate all situations where a contractor is entitled to an equitable adjustment in price and/or time to perform the contract. However, under the Federal Acquisition Regulation (“FAR”), contractors are eligible for numerous different equitable...
DON’T MESS WITH PAGE AND SPACING LIMITATIONS
Two recent Government Accountability Office (“GAO”) protests give a very clear picture that offerors must ensure that their proposals comply with and do not evade page or spacing limitations specified in a solicitation. Tetra Tech AMT, B-411934, May 17, 2016; DKW...
DON’T HURT YOUR CHANCES TO WIN IN YOUR FINAL PROPOSAL REVISIONS
In negotiated procurements, at the conclusion of discussions (negotiations), every offeror in the competitive range must be given an opportunity to submit a final proposal revision. FAR 15.307. It’s very important that offerors use care in preparing final proposal...
BEWARE OF GOVERNMENT “BEST EFFORTS” ON OPTIONS
A previous blog, “The Government Controls the Options,” makes clear that contractors cannot demand that the Government exercise an option in the contract, and that the Government has the sole right to exercise or not exercise the option. Two recent cases demonstrate...
THE GOVERNMENT CONTROLS THE OPTIONS
Virtually all government contract options (for more quantities of goods, or for an extension of services), are generally priced unilateral options which the Government may exercise or not exercise at the Government’s discretion. When it does exercise an option, the...