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.
AFFILIATION BASED ON IDENTITY OF INTEREST: COMMON INVESTMENT OR ECONOMIC DEPENDENCE
Two recent cases at the Small Business Administration Office of Hearings and Appeals (“OHA”) address affiliation of companies based on “identity of interest” and discuss two different aspects—common investments and economic dependence. They are instructive in the...
IT’S EASY FOR A SMALL BUSINESS TO APPEAL A DENIED CLAIM
Most small (and even some large) businesses don’t realize how easy it is to appeal a denied claim to either the Armed Services Board of Contract Appeals (“ASBCA”) or the Civilian Board of Contract Appeals (“CBCA”), depending on the agency that awarded the contract. ...
SIX RECURRING AGENCY MISTAKES IN DISCUSSIONS
Discussions may become a very important part of a negotiated procurement. Discussions always occupy a compelling spot in the lore of sustained protests, because agencies keep repeating their mistakes. For years, agencies have had trouble conducting discussions,...
CAN YOU SELL A GOVERNMENT CONTRACT: ASSIGNMENT, NOVATION, CHANGE OF NAME AND ASSIGNMENT OF CLAIMS
Contractors frequently ask if they can sell or transfer (assign) their government contract to another company. The sale or assignment of a purely commercial contract is very common and well recognized at law. But for a Government contract, there are special rules. ...
THE IMPORTANCE OF TIMELY NOTIFICATION OF CLAIMS
Look at the Changes clauses in the Federal Acquisition Regulation (“FAR”): FAR 52.243-1, Changes-Fixed Price FAR 52.243-2 Changes-Cost Reimbursement FAR 52.243-3, Changes-Time and Materials or Labor-Hours FAR 52.243-4, Changes-Fixed Price [Construction] All of these...
Fun with the FAR Part 13
1. Contracting officers are required to perform price a reasonableness analysis on all simplified acquisitions. FAR 13.106-3. 2. Use of a SF 44 is the most common way the Government issues “purchase orders” under FAR Part 13. FAR 13.306.
Fun with the FAR Part 12
1. Contracting officers should evaluate past performance in a commercial item procurement, but it is not mandatory. FAR 12.206. 2. Firm-fixed price commercial item contracts/orders are exempt from CAS. FAR 12.214. CAS Board regulations also exempt labor...
VOID AB INITIO
Government contractors must understand that there are certain times when a government contract is void ab initio¸ which means that the contract is null and void from the very beginning. A recent case demonstrates that a contract that is tainted by fraud or wrongdoing...
PROSECUTORIAL DISCRETION
[U]nder American law, government prosecuting attorneys have nearly absolute powers. A prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and...
THE SALES ARTICLE OF THE UNIFORM COMMERCIAL CODE APPLIES TO GOVERNMENT CONTRACTS
The Uniform Commercial Code (“UCC”) was developed between 1942 and 1952 by the National Conference of Commissioners on Uniform State Law and the American Law Institute, with assistance from lawyers, judges, law professors, and businessmen, in order to simplify and...
