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.
A TALE OF TWO APPEALS
This blog discusses two contractors who sought to appeal a contracting officer’s final decision on their claims, which final decisions were defective in not advising of the contractors’ appeal rights. In one case, the appeal date was tolled because the contractor...
Fun with the FAR Part 49
1. Prime contractors are required to use guidance in FAR Part 49 to settle subcontracts terminated as a result of modification/termination of a prime contract. FAR 49.002(b). 2. A contracting officer must obtain the prior approval of his/her “contracting office” prior...
CLAIM MAY USE ESTIMATES TO ARRIVE AT “SUM CERTAIN”
This blog recently discussed a Federal Circuit decision which held that a contractor’s claim does not accrue until the exact amount (“sum certain”) of the claim is known to the contractor. Kellogg Brown & Root Serv. Inc. v. Murphy, 823 F.3d 622 (Fed. Cir. 2016)....
Fun with the FAR Parts 45, 46, & 47
1. As a general rule, contractors are ordinarily required to furnish all property necessary to perform Government contracts. A contractor’s inability or unwillingness to supply its own resources is not sufficient reason for the furnishing or acquisition of Government...
Fun with the FAR Part 44
1. The subcontractor consent and advance notification requirements in Subpart 44.2 are not applicable to prime contracts for commercial items acquired pursuant to Part 12. FAR 44.000. 2. When required, subcontract consent should be requested from the contracting...
RECONSIDERING TRASH PICKUP BY THE TON OR BY THE RUN
In a recent blog post, “Pricing Commercial Trash Pickup: By The Ton Or By The Run?” March 14, 2016, this blog discussed a protest where the Army sought “solid waste management services” (trash pickup) at or near Fort Polk, LA. Army properly recognized that these...
DFUN with the DFARS Part 225 – DFAR FUN Facts
Enjoy these FUN Facts about a specific DFAR. DFARS 225 covers Foreign Acquisition. Learn more about the DFARS by joining DFUN with the DFARS, taught by Lou Chiarella and David Drabkin. A “Qualifying Country” is a country from a list of twelve or fifteen countries...
SUPREME COURT ADOPTS “IMPLIED CERTIFICATION” WITH MATERIALITY REQUIREMENT
In mid-June, the U.S. Supreme Court adopted the “implied false certification” theory of liability, which treats a contractor’s invoice or other payment request as an implied certification of compliance with relevant statutes, regulations or contract requirements that...
POSTAL SERVICE CONTRACT BOILERPLATE MAY BE UNENFORCEABLE AND CONTRARY TO PUBLIC POLICY
In a recent decision by the Court of Federal Claims, the Court refused to dismiss a case over a terminated U.S. Postal Service (“USPS”) delivery contract, holding that three provisions in the contract were likely contrary to public policy. Tabetha Jennings v. United...
Fun with the FAR Part 42
1. For contractors other than educational institutions and nonprofit organizations, the “cognizant” Federal agency normally will be the agency with the largest dollar amount of contracts, including options. FAR 42.003(a). 2. Once a Federal agency assumes cognizance...
