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.
MISSING DEADLINES IN PROTESTS
During the Civil War, at the famous Andersonville Prison, on the inside of the stockade and twenty feet from it, there was a deadline established, over which no prisoner was allowed to go, day or night, under penalty of being shot. After the Civil War, deadlines were...
Fun with the DFARS Part 212
Per DFARS 212.71, a contracting officer may enter into a contract with a nontraditional defense contractor for the acquisition of military-purpose nondevelopmental items. A nondevelopmental item is an item that has been developed entirely at private sector cost with...
DON’T BECOME A VOLUNTEER WHO ISN’T PAID FOR YOUR WORK
Do you know what a government contract volunteer is? A volunteer is someone who embarks on duties of their own free will and without any expectation that they will be paid for their work. A contractor who elects to perform work not required by a contract without a...
A FEW REMINDERS ABOUT CONTRACT CLAIMS AND APPEALS
A recent Armed Services Board of Contract Appeals (“ASBCA”) case, Shavers-Whittle Const., LLC, ASBCA No. 60025, Feb. 9, 2016, demonstrates all the wrong ways to file an appeal based on a claim. Before going through the significant mistakes, here are a dozen reminders,...
ADDITIONAL COST IS THE APPROPRIATE MEASURE FOR DIFFERING SITE CONDITIONS
The Civilian Board of Contract Appeals recently considered the appropriate measure for claims under the differing site conditions clause of the Federal Acquisition Regulation (“FAR”). Tucci and Sons, Inc. v. Dept of Transportation, CBCA 4779, Feb. 18, 2016. The appeal...
WHAT CAN YOU DO IF THE GOVERNMENT DOESN’T PAY YOUR INVOICE?
Environmental Safety Consultants, Inc. (“ESCI”) had a contract with the Navy to perform services. ESCI submitted to the payment office a routine progress payment request (invoice no. 7) for $138,000 on June 24, 1997. The contracting officer requested a new prompt...
RESPONSES TO RFQs ARE NOT OFFERS: DON’T MAKE THE RFQ MISTAKE
Request for Quotations (“RFQs”) may create a “no-win” situation for a government contractor. That is particularly true when the contractor misses the delivery date, as in TTF, LLC, ASBCA Nos. 58495, 58516, 2013 BCA ¶ 35403. The supplier has made what is called “the...
CONTRACTS WITHOUT CONSIDERATION: THE “NUDUM PACTUM” MISTAKE
One of the three basic requirements for a contract to be enforceable is consideration, which usually means a promise to pay money, but could mean that other valuable items would be provided instead (as in a trade of a car, for example, of one valuable car for another...
HASTE MAKES WASTE: LATENT SOLICITATION AMBIGUITIES
Sometimes, for the best of reasons, a contracting officer (“CO”) decides to charge ahead with a procurement when his or her own staff strongly advise otherwise. The result is usually a wasteful procurement and a bid protest that could have (and should have) been...
DON’T MAKE THE SAME MISTAKE 6 TIMES
A recent case at the Armed Services Board of Contract Appeals appears to demonstrate that some contract administrators never seem to learn, and repeated the same mistake 6 times while administering a contract for construction of an unmanned aircraft facility at Creech...
