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 […]
Tag Archives: Federal Acquisition Regulation
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 […]
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 […]
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 […]
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 […]
