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: government contract
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 Christoph@ChristophLLC.com for expert advice for your situation. Source selections always carry the risk of litigation. The bad […]
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 […]
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 […]
How Many GAO Bid Protests of Government Contracts is Too Many?
GAO’s Recent One-Year Ban of a Frequent Protestor Spurs Debate over the GAO Bid Protest Forum and Its Authority After a remarkable decision rendered by the Government Accountability Office (GAO),[i] there’s a buzz in the air about bid protests—and it’s at a fever pitch. For the first time ever, GAO chose to ban a protestor […]
