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.
Lowest Price Technically Acceptable Source Selection: Use Remains High and Demands Careful Attention to Section M and Proposal Strategy
Guest Author: Kimberly Heifetz, Counsel, Thompson Coburn LLP, writes: On the best value continuum (FAR 15.101), source selection approaches that weight non-cost/price evaluation factors and significant subfactors collectively as equal to or more important than price...
FAR 52.232-7: Payments Under Time-and-Materials and Labor-Hour Contracts
Applicability: This FAR clause specifies the payment terms for Time-and-Materials (T&M) and Labor-Hour (LH) contracts that were not acquired using FAR Part 12 (commercial items). The clause is included in solicitations and contracts when a time-and-materials or...
DLA’s Evaluation of Past Performance Found to be ‘Supremely’ Unreasonable
At the GAO, Supreme Foodservice (“Supreme”) protested award to ANHAM FZCO (“ANHAM”), of an indefinite-delivery/indefinite-quantity (IDIQ) contract issued by the Defense Logistics Agency (“DLA”) for the supply and distribution of perishable and semi-perishable...
A Steady Drumbeat?
In every Organizational Conflict of Interest (OCI) bid protest decision, the Government Accountability Office (GAO) says that it will defer to the Contracting Officer (CO) – i.e., that it “will review the reasonableness of a contracting officer’s OCI investigation...
Afterthoughts: Contract Implications of Sequestration
Following each Nash & Schooner Hot Topics Webinar event, we interview Professor Ralph Nash to get his thoughts on the topic following the panel discussion. On October 25th, Professors Ralph Nash and Steven Schooner discussed the contract implications of potential...
Counterfeit Regulations Still Expected This Year
By Darrell Oyer, Darrell J. Oyer & Co.: DOD is yet to issue new regulations aimed at finding and removing counterfeit parts from the defense supply chain. The regulations would create definitions specific to counterfeit parts, define contractors'...
FAR 52.215-22 and FAR 52.215-23: Limitations on Pass-Through Charges
Applicability: These two FAR provisions work together to enforce the FAR limitations on pass-through charges. Both the solicitation provision (FAR 52.215-22) and the contract clause (FAR 52.215-22) are included in civilian and DoD contracts when the estimated...
FAR 52.215-10: Price Reduction for Defective Certified Cost or Pricing Data
Applicability: Contracts/subcontracts and/or modifications where the Truth in Negotiations Act (TINA) applies. Note that the application of TINA is determined on a contract by contract action basis. For example, an initial contract award could be covered, but a...
To WARN or not to WARN
Guest Author: Sajeev Malaveetil, Berkeley Research Group, writes: The 1988 Worker Adjustment and Retraining Notification (WARN) Act requires employers with at least 100 employees to provide written notice to “affected employees” at least 60 days before ordering a...
Improper Price Analysis in a Best Value Procurement
Improper Price Analysis in a Best Value Procurement In May 2012 the Department of Veterans Affairs (VA) issued a request for quotations to establish a blanket purchase agreement (BPA) for hazardous waste removal services. The best value evaluation scheme required the...