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 […]
Tag Archives: contract clause
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 […]
Pay Attention to Important Terms and Definitions in Government Contracts
Sticks and Stones: How Words and Terms of Art Can Hurt the Contracting Profession. Pay attention to important terms and definitions in government contracts. The misuse of words and terms in the contracting profession can be detrimental, as contract interpretation turns on minute differences in terminology and definitions. Thus, it is important to know how […]
How to Research Government Contracts and the FAR or DFARS
The FAR reference book on your table was outdated the moment it rolled off the printing press. The DPAP memorandum you saved to your computer may have been superseded weeks ago. Statutes, regulations, and policies change rapidly, but it’s your responsibility to be informed and knowledgeable. How can a contracting professional stay abreast of current […]
How to Write a Contracting Officer Final Decision for Government Contract Claims
Include all the required elements of a Final Decision of a Government Contract Claim The Contracting Officer’s Final Decision (hereafter “Final Decision”) is an incredibly important document because it is the Government’s initial response to a contractor’s claim under the Contract Disputes Act. It serves as the Government’s opening move in the claim process and sets the stage for future litigation. […]
How to Interpret a Government Contract
Learning how to interpret a government contract is extremely important for the success of your federal contracting business. Government contractors need to know the rules of government contracting interpretation! The paramount goal of contract interpretation is to find a single interpretation that accurately reflects the intent of the parties. Once that intent is determined, courts […]
Does the FAR Apply to Government Contractors? No!
Dispelling Myths in FAR Applicability and Clause Selection in Government Contracts BY CHRISTOPH MLINARCHIK, JD, CFCM, PMP As contracting professionals, our mandate is to educate, inform, advance, and improve the contracting profession.[1] Fundamental concepts lay the foundation for achievement, mastery, and professionalism, but minor misunderstandings can morph into major misconceptions. For these reasons, this article […]
