Myth of Self-Deleting FAR Clauses

Have you ever heard of the SELF-DELETING clause? Sounds magical. Mystical. Mysterious. There is no such thing as a self-deleting clause Did you notice how I said some dirty tricks come about from ignorance or incompetence? The infamous myth of the “self-deleting clause” is a prominent example. There is no such thing as a self-deleting […]

Requests for Equitable Adjustment, Change Orders, and Constructive Changes

What is a constructive change? A constructive change is a doctrine of law invented by judges that protects your company from getting “ripped off.” If the contracting officer’s words, writings, communications, acts, or failure to act causes your company to make changes under the contract—even though there was no formal change order—the doctrine of constructive […]

What is the difference between past performance and experience in government contracts?

The difference between past performance and experience is simple. Experience evaluates whether your company in the past did something relevant to the upcoming government contract. Past performance evaluates how well your company performed, not just whether it did something. If experience is a record of your attendance at school, past performance is the report card. […]

Government Contracts Expert Witness Christoph Mlinarchik of Christoph LLC

Government Contracts Expert Witness Christoph Mlinarchik of Christoph LLC shares his path to success! Millions plan, yet few succeed. The difference might be intermediate planning—i.e., the steps that come between your life as you know it and your future goals. Have you ever thought of being an expert witness in government contracting, hired by attorneys […]

When Does This Law Take Effect in Government Contracting? Laws, Regulations, and the FAR

This perennial problem puzzles our profession every time it presents itself: Congress passes a new law affecting government contracting; The law does not specify when the changes take effect; The Federal Acquisition Regulation (FAR) has not been updated with the changes prescribed by this new law—therefore, there are no FAR clauses that reflect the new law. How do […]

Big Changes to Small Business Size Rules for Government Contract Set-Asides

The new year (specifically, January 6, 2020) will bring new rules for small businesses in government contracting. Even if you’re a large business, this is important because it affects your supply chain. In fact, you might actually qualify as a small business now! Here’s the deal: To qualify for government contract set-asides, small businesses can […]

No, the FAR Does Not Apply to Government Contractors (Gasp!)

Is the door closed? I’m going to share one of the biggest secrets in government contracts. Everyone in the government contracting industry has heard of the Federal Acquisition Regulation (FAR). Some call it “the Bible” for government contracts. Are you sitting down? Take a deep breath, because I’ve got some shocking news for you. The […]

How to Ask for More Money on Your Government Contract: Request for Equitable Adjustment or Claim

Strangely enough, the Contract Disputes Act of 1978 (CDA) does not define its most important term—“claim.”  As a result, courts look to the Federal Acquisition Regulation (FAR) for guidance.  FAR 2.101 defines a claim as a “written demand or written assertion by one of the contracting parties, seeking, as a matter of right, the payment […]

Bid Protests of Government Contracts: Good for Business or Relationship Killers?

Are bid protests good for business, or are they relationship killers? How many bid protests is too many? That was the title of my award-winning article, which covered the unprecedented “ban” by the Government Accountability Office (GAO) of an extremely enthusiastic contractor who volley-fired more than two-thousand bid protests (yes, you read that correctly). GAO […]

Understand Debriefings to Win More Government Contracts

Did you just lose a government contract competition? You need to ask for a debriefing! That’s your chance to learn why you lost and how you can win next time! This article is from the government’s perspective, but contact for expert advice for your situation. Source selections always carry the risk of litigation.  The bad […]