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.
IN A FIXED PRICE CONTRACT, THE CONTRACTOR GENERALLY ASSUMES THE RISK OF HIGHER COSTS
Many contractors do not fully understand the implications of a “firm-fixed-price” contract. Agility Defense and Government Services, Inc. (formerly Taos Industries, Inc.) learned the hard way. Agility Def. & Gov’t Svcs., 115 Fed. Cl. 247 (2014). Agility had a...
Fun with the FAR Part 4
1. The government is required to use electronic commerce whenever practicable or cost effective. FAR 4.502(a). Agencies are permitted to accept electronic signatures and records in connection with government contracts. FAR 4.502(d). 2. Contractors may...
USE IT OR LOSE IT: A PRIMER
The Acting Secretary of the Army recently issued Army Directive 2016-16, “Changing Management Behavior: Every Dollar Counts,” April 15, 2016. The purpose was to “be innovative and good stewards of taxpayer dollars” and to “adapt financial management practices and...
WAS YOUR DELIVERY DATE WAIVED? WAS YOUR DEFAULT TERMINATION IMPROPER?
Default terminations can be a nightmare for government contractors. To begin with, a profitable contract may end. Then the government is likely to bill the contractor for “excess cost of reprocurement,” which is the additional cost for obtaining a substitute...
WHEN IS A CHANGED CLAIM A “NEW” CLAIM?
In order to bring an appeal of a claim before the Court of Federal Claims or a Board of Contract Appeals, that claim must be presented to the contracting officer for decision. The claim must be specific enough to give the officer notice of the basis of the claim and...
CONSEQUENCES OF GOVERNMENT DELAY OR INDECISION
A recent Armed Services Board decision demonstrates how important it is for the Government to respond to contractor-raised issues in a timely manner when problems arise during the administration of a contract. Air Services, Inc., ASBCA No. 59843, March 17, 2016. ...
Fun with the FAR Part 51
Under certain circumstances, the Government can authorize a prime contractor to make purchases from subcontractors under the terms and conditions of the subcontractor’s GSA Federal Supply Schedule contract. FAR 51.103. Subcontractors must treat any subcontract/order...
Fun with the FAR Part 39
Section 508 accessibility standards and detailed procurement guidance governing the procurement of EIT can be found at www.section508.gov. FAR 39.201(b)
Fun with the FAR Part 8
The Government may only use the GSA Federal Supply Schedule Program (“FSS”) to procure commercial items (supplies or services) offered under a contractor’s FSS contract at firm fixed, labor hour, and/or time and materials pricing. FAR 8.404. Firm fixed price orders...
WHEN CAN A SUBCONTRACTOR SUE THE GOVERNMENT WHEN THE PRIME FAILS TO PAY IT: RARELY
A recent Court of Federal Claims case provides some clarification on when and how a subcontractor may sue the government and recover, when the prime contractor fails to pay it. G4S Technology LLC v. United States, No. 12-8C, (Fed. Cl. Feb. 11, 2014). It is the...
