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.
BAIT AND SWITCH: MANY PROTESTS, FEW SUSTAINS
In a recent Government Accountability Office (“GAO”) case, the protester alleged “bait and switch” tactics, but the GAO denied the protest. Allied Technology Group, Inc., B-412434, Feb. 10, 2016. This denial continues a general trend at the GAO of denying protests...
BRAND NAME PRODUCT MEETS BRAND NAME SPECIFICATION
Agencies can frequently obtain competition by using “brand name or equal” purchase descriptions. Recently, the Department of Veterans Affairs (“VA”) rejected a contractor’s submission to install the exact brand name “patient headwall system” in a contract. The VA...
WHEN TIMELY NOTICE OF AN INTENDED CLAIM IS NOT REQUIRED
A previous blog discussed “Missing Deadlines in Contract Administration and Claims.” March 3, 2016. As explained therein, the consequences of missing deadlines may include the total loss of a claim or appeal. The blog discussed three specific deadlines: 1. Meeting...
THE OSTENSIBLE SUBCONTRACTOR RULE, THE “TEAM,” AND AVOIDING PROBLEMS
The Small Business Administration (“SBA”) adjudicates size protests, typically where one company protests that another company is not small on a procurement that is set-aside for small business only. An important part of the SBA size regulations is the “ostensible...
OSTENSIBLE SUBCONTRACTORS: HOW TO KNOW IF YOU ARE ONE
One of the fundamental principles in the Small Business Administration (“SBA”) size regulations is that in determining a company’s size, “SBA counts the receipts, employees, or other measure of size of the concern whose size is at issue and all of its domestic and...
NO “DERIVATIVE SOVEREIGN IMMUNITY” IF CONTRACTOR’S CONDUCT VIOLATES CONTRACT OR LAW
The Supreme Court rarely considers government contracting cases. Recently, in Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 Westlaw 228345 (2016), the Court ruled on two questions, one of which concerned sovereign immunity of a government contractor, or what was...
GAO WARNS AGAINST USE OF FLEXIBLE ORDERING AGREEMENTS
The Government Accountability Office (“GAO”) recently found two agencies using a new, but unlawful approach to task and delivery orders, the Flexible Ordering Agreement (“FOA”). This is used on Indefinite Delivery, Indefinite Quantity (“IDIQ”) contracts, such as a...
PUBLIC NOTICE IN CONTRACTING ACTIONS
The official public medium for providing notice of contracting actions by federal agencies is the FedBizOpps.gov website, which has been designated by statute and regulation as the government-wide point of entry (“GPE”). 15 U.S.C. § 637(e); 41 U.S.C. § 416; Federal...
PRICING COMMERCIAL TRASH PICKUP: BY THE TON OR BY THE RUN?
The Army sought “solid waste management services” (trash pickup) at or near Fort Polk, LA. Army properly recognized that these services were commercial, and conducted a FAR Part 12, Commercial item (services) procurement. Unfortunately, the Army conducted the...
Fun with the FAR Parts 5 & 6
1. An award of a government contract to a single government contractor is required to be published only if (i) the value of the contract exceeds $25,000 and (ii) the contract is likely to result in the award of subcontracts. FAR 5.301. 2. Awards of...