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 SOLICITATION MUST CONSIDER EXPERIENCE OF AN OFFEROR’S AFFILIATES IF THE PROPOSAL DEMONSTRATES MEANINGFUL PARTICIPATION IN CONTRACT PERFORMANCE
Last year the Government Accountability Office (“GAO”) sustained a protest because the agency improperly gave an offeror credit for past performance of its separate affiliates, even though the record did not show that the affiliates would provide resources or be...
GOOD FAITH AND FAIR DEALING BY THE GOVERNMENT
A recent Federal circuit case, Metcalf Const. Co, Inc. v. United States, No. 2013-5041 (Fed Cir. Feb. 11, 2014), explains in some detail the covenant of good faith and fair dealing. The covenant is important because it impose reasonable duties on both the government...
CAN YOU “APPEAL” A BID PROTEST DECISION OF THE GOVERNMENT ACCOUNTABILITY OFFICE (“GAO”)?
Readers are aware that many disappointed bidders submit their initial bid protest to the GAO, but if they lose, they can take their case to the Court of Federal Claims (“COFC”). But is this an appeal? The short answer is “no,” because the GAO is not a court nor are...
“NO-COST” MODIFICATIONS
Government contracting officers frequently seek to make a unilateral unilateral modification, but insist that it be “no-cost,” i.e., there will be no equitable adjustment in the contract price as permitted by the changes clause (FAR 52.243-1). The Army even came up...
AGENCIES MUST TREAT CONTRACTORS FAIRLY WHEN USING RFQs
The Government wants have its cake and eat it too—by conducting competitions under the General Services Administration (“GSA”) Multiple Award Schedule contracts using Requests for Quotations (“RFQ”), but not abiding by the rules in the Federal Acquisition Regulation...
THE EMAIL MISTAKE
Do you believe your computer’s email program which says “delivery complete” a few seconds after you hit the “send” button? If you do, you have made the classic email mistake. Your computer may think it has been “sent,” but that isn’t the real question. The real...
RATIFICATION
This blog has frequently explained that generally, the government can only be bound contractually by a person with actual authority, normally a written delegation of authority known as a “warrant,” hence use of the term “warranted contracting officer” (e.g., Dept of...
AGENCIES RARELY EXTEND A SOLICITATION CLOSING DATE
Consider the follow excerpt from Federal Acquisition Regulation (“FAR”) 5.203: (b) The contracting officer must establish a solicitation response time that will afford potential offerors a reasonable opportunity to respond to each proposed contract action.… The...
NONCOMPETITIVE PROCEDURES MAY NOT BE USED DUE TO A LACK OF ADVANCE PLANNING
10 U.S.C. § 2304 and 41 U.S.C. 3301 require, with certain limited exceptions that contracting officers promote and provide for full and open competition in soliciting offers and awarding Government contracts. See also FAR 6.101(a). Any contract awarded without full...
Fun with the FAR Part 7
Acquisition plans for other than fixed priced contracts must be approved and signed by a procurement official at least one level above the contracting officer. FAR 7.103(j). The government's “acquisition planner” does not need to be the assigned Contracting Officer....
