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. […]

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 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The FAR reference book on your table was outdated the moment it rolled off the printing press.  The DPAP memorandum you saved to your computer may have been superseded weeks ago.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. […]

Government Contracting Reform, Pentagon Reorganization, and the Section 809 Panel

Government contracting reform is on the table, along with the Pentagon reorganization, and the acquisition reform recommendations of the Section 809 Panel! Congress wants federal contracting reform. That’s why they created the Section 809 Acquisition Reform Panel in the National Defense Authorization Act (NDAA) for fiscal year 2016. Congress is also frustrated with the way […]

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 […]

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