Public Contracting Institute, LLC (PCI)

Category: Content
Type: Blog Article

Generated 4 days ago

New blog articles detected

  • AGENCIES CANNOT PRO-RATE INVOICES UNLESS THE CONTRACT SO STATES

    Have you ever had a situation where a Government Agency advised you that it would reduce or pro-rate your monthly services invoice for days not worked, but your company objected and said “that procedure is not in our contract?” The Agency response is frequently: “so what, we’re doing it anyway, you didn’t work those days.” That’s exactly what happened to Amaratek during last year’s Government shut...

Public Contracting Institute, LLC (PCI)

Category: Content
Type: Blog Article

Generated 1 week ago

New blog articles detected

  • PROTESTER’S FAILURE TO REBUT OR SUBSTANTIVELY COMMENT

    What happens when a protester submits a protest to the Government Accountability Office (“GAO”), the agency responds in its agency report with a detailed response to every assertion, but the protester fails to rebut or substantively address the agency’s arguments in its comments on the agency report? The simple answer is “protest denied.” See, e.g., Oakland Consulting Group, Inc., B-412054.2, Sept...

  • OFFERS REMAIN OPEN EVEN IF “UNSUCCESSFUL”

    Box 12 of Standard Form 33, “Solicitation, Offer and Award,” states that that the contractor agrees that if the agency accepts its offer within 60 calendar days, it will perform at the price offered. (The contractor may specify a different period for acceptance, but normally the 60 day period applies.) Recently, the Court of Federal Claims considered the question of whether the offer was no longer...

Public Contracting Institute, LLC (PCI)

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • NEW CONTRACTING OFFICER IS NO REASON TO DELAY DECISION ON CLAIM

    The Contract Disputes Act (“CDA”) requires timely final decisions on claims, except when there is a reasonable basis for a delay. (See discussion below). Despite the statutory requirements, Contracting Officers (“CO”) frequently delay making a final decision on a contract claim. A recent Board case addressed a delay that was primarily due to a change in contracting officers, and concluded that “in...

  • EVERYONE WISHES AGENCIES WOULD COMPLY, BUT…

    On January 5, 2017, the Acting Administrator for Federal Procurement Policy issued a “Myth-Busting” memorandum on the importance of agencies giving good debriefings. As readers know, Federal Acquisition Regulation (“FAR”) 15.505 provides for pre-award debriefings and FAR 15.506 and 16.505 provides for post-award debriefings. These sections of the FAR explain when debriefings are required, who has ...

  • POORLY WRITTEN PROPOSALS—WHAT HAPPENS?

    Well-written proposals in response to government contract solicitations are important for any contractor who wants to obtain federal contracts. There is a flourishing industry on the internet and in the consulting world that provides contractors with assistance in proposal writing. Perhaps more contractors should avail themselves of those services? The problem is that many contractors are unable t...

  • The PCI Network – Character Traits for a Great Government Contracts Professional

    In this episode of The PCI Network, the head of our FUN with the FAR series, Stephen Daoust, discusses the four traits of a great government contracts professional. Throughout his 25-year career, Steve has worked as a Chief Government Contracts Counsel, Director of Contracts, and Chief Compliance Officer for both publicly traded companies like Iridium and Affiliated Computer Services and large acc...

  • REMINDER: ALASKA NATIVE CORPORATIONS ARE EXEMPT FROM CERTAIN SIZE RULES

    Before submitting a size protest, small businesses would be advised to consider that Alaska Native Corporations (“ANCs”) are exempted from a number of the Small Business Administration (“SBA”) size affiliation regulations. A recent protest urged the SBA Office of Hearings and Appeals to find that an ANC had a “substantial unfair competitive advantage,” but OHA dismissed the appeal because only the...

  • The PCI Network – Ethics in Government Contracting

    Understanding the difference between right and wrong isn’t always as easy as you may think. In the Federal Contracting industry, there are important ethical distinctions that can create confusion if you don’t know where to look. Join Fred Geldon, a PCI Director and Faculty, as he explains the importance of ethics in Government Contracting and how to minimize the confusion.

  • GAO SUSTAINS INCREASE IN 2016

    The Government Accountability Office (“GAO”) released its annual bid protest report to the congress for fiscal year 2016 on December 15, 2016 (B-158766).  The GAO actually received nearly 2,800 protests in FY2016, but dismissed or immediately denied nearly 80 percent of them, while actually considering and issuing decisions on only 616 protests, known as “merit decisions. The sustain rate increase...

  • KNOWINGLY MAKING FALSE STATEMENTS TO OBTAIN A CONTRACT-VOID AB INITIO REDUX

    In an earlier column, “Void Ab Initio” (May 3, 2016), this blog explained the basic principle that a contract that is tainted by fraud or wrongdoing is void ab initio, i.e, void from the very beginning. If a contractor knowingly makes a material false statement which the agency relies upon, the contract will be deemed void by the Boards or the courts. Another good example of this principle is in B...

  • WHERE DO ACTION OFFICERS DREAM UP THESE SCHEMES?

    In the Army, much of the staff work is performed by Action Officers (“AO”) whose job it is to “make things happen.” Unfortunately, some AO’s are so dedicated to making something happen that they skirt the procurement laws or regulations. That is what appeared to happen in Augustawestland North America, Inc. v. United States and Airbus Helicopters, Inc., No. 14-877C (Aug. 24, 2016). In the case, th...

  • The PCI Network – Three Keys to a Winning Proposal

    The next episode of The PCI Network is all about putting together a winning proposal. Lou Chiarella, Director and Faculty at PCI, shares three tips to help you craft a winning proposal. Mr. Chiarella is an attorney in the Washington, D.C. area with 20 years of experience specializing in all aspects of Government contracting.  In addition to his current position, his previous experiences include: P...

Public Contracting Institute, LLC (PCI)

Category: Content
Type: Blog Article

Generated 5 months ago

New blog articles detected

  • DON’T MESS WITH PAGE AND SPACING LIMITATIONS

    Two recent Government Accountability Office (“GAO”) protests give a very clear picture that offerors must ensure that their proposals comply with and do not evade page or spacing limitations specified in a solicitation. Tetra Tech AMT, B-411934, May 17, 2016; DKW Communications, Inc., B-412652, May 2, 2016. In both cases, GAO held its standard position that when an agency establishes a page limit ...

Public Contracting Institute, LLC (PCI)

Category: Content
Type: Blog Article

Generated 5 months ago

Out-Market Your Competitors

Get complete competitive insights on over 2.2 million companies to drive your marketing strategy.

Create Free Account Log in

Out-Market Your Competitors

Get complete competitive insights on over 2.2 million companies to drive your marketing strategy.

Create Free Account

Already a user?  Log in