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.
Fun with the FAR Part 11
The Government’s use of “performance specifications” is preferred over “design specifications”. FAR 11.104(a). The use of a liquidated damages clause should be limited to those contract where timely delivery is critically important to the Government’s mission and the...
DO YOU READ EVERY INSTRUCTION IN THE SOLICITATION?
It goes without saying that offerors should carefully read the entire solicitation before they prepare their offer. But how many really do that? And even if they read the entire solicitation, do they always follow the instructions precisely? A good example of...
ALWAYS READ YOUR OPPONENT’S ENTIRE PROTEST
The book, , “100 Worst Mistakes in Government Contracting” (Nat’l. Contr. Mgt. Assn. 2008) by Richard D. Lieberman and Jason D. Morgan includes two important mistakes: You failed to read the entire solicitation....” and “You failed to read your entire contract….” ...
IMPOSSIBILITY OR COMMERCIAL IMPRACTICABILITY: A GOOD DEFENSE?
Can “impossibility” or “commercial impracticability” be used as a good defense to non-performance if the Government defaults your contract? Although they may sometimes be helpful, both defenses are difficult to maintain and win. This was recently demonstrated in...
THE SECRET’S IN THE SAUCE—WHY YOU NEED THE FAR
One of best movies in the 1990s was “Fried Green Tomatoes,” a story about a depression era café named The Whistle Stop in a little town in Alabama. Kathy Bates and Jessica Tandy starred. The Whistle Stop was known for its barbecue, as well as its fried green tomatoes....
“DEEMED DENIAL” OF CLAIMS AND HOW THIS HELPS CONTRACTORS
A final decision on a claim by a contracting officer is a jurisdictional requirement for the Court of Federal Claims or a Board of Contract Appeals to consider an appeal of a contractor’s claim. Absent such a decision, neither the Court nor a Board will have...
DATA RIGHTS CLAUSE IN SOLICITATION IS MATERIAL
A recent case at the Government Accountability Office (“GAO”) clearly establishes that the technical data rights clauses in a solicitation are material clauses. If an offeror takes exception to them, or attempts to limit them, the offer must be deemed unacceptable. ...
GAO DISLIKES UNCOOPERATIVE AGENCIES, AND INADEQUATE DOCUMENTATION OF SOURCE SELECTION
Sometimes the Government Accountability Office (“GAO”) unleashes its criticism on a protester, particularly when their arguments are completely illogical or contradictory. Every now and then the GAO heavily criticizes an agency not only for conducting a procurement...
IMPROPERLY ASSIGNING TECHNICAL RISK TO TWO EVALUATION CATEGORIES
The Government Accountability Office (“GAO”) is required to report to Congress annually in reports known as the “Annual Report on Bid Protests.” Congress added a new requirement to the report in fiscal year (“FY”) 2013, requiring that it include “a summary of the...
G.L. CHRISTIAN & ASSOCIATES v. THE LIONS
For more than 50 years, the “Christian Doctrine” has been established law. The doctrine provides that if a mandatory contract clause is omitted from a government contract, and the clause expresses a significant strand of public procurement policy, it will be...
