Government contract law : the deskbook for procurement professionals.

Format:

Book

Author/Creator:

Jones, John.

Contributor:

Judge Advocate General's School (United States. Army)

American Bar Association. Section of Public Contract Law.

Language:

English

Subjects (All):

Public contracts--United States.

Public contracts.

Government purchasing--Law and legislation--United States.

Government purchasing.

Letting of contracts--United States.

Letting of contracts.

Physical Description:

1 online resource (xliii, 625 pages) : illustrations

Edition:

Fourth edition.

Place of Publication:

Cleveland : American Bar Association, 2017.

Chicago, Illinois : American Bar Association, Section of Public Contract Law, [2017]

Summary:

The fourth edition of Government Contract Law is a comprehensive, step by step guide through all aspects of federal government contracting and incorporates numerous significant changes in procurement since the Third Edition was published. Based on the Contract Attorney's course of The Judge Advocate General's Law Center and School, this valuable deskbook is designed to help you safely navigate the entire federal contracting process — from pre-bidding through award, and on to protest and litigation — with the least risk to your client or company. Since the last edition, there have been many changes in government contract law. The executive branch has implemented several policy initiatives through the power of federal contracting, including revised labor policies. Similarly, Congress has implemented changes, including regulation of contractor business systems, trafficking in persons, and provisions addressing problems that have been identified in the past decade such as perceived misuse of commercial items. What has not changed is the basic system of acquiring goods and services. This fourth edition of the ABA's revisions to the Judge Advocate General's Legal Center and School's Contract Law Deskbook , includes updates to references, new chapters (which do not appear in the JAG School's version) as well as chapter revisions that include material that is useful to contractor attorneys and the private bar. This edition has been expanded and can be used by military attorneys as well as practitioners who are not a part of the military. This Deskbook has been cited by the U.S. Supreme Court, served as a foundation for numerous continuing legal education materials, and is used daily by hundreds of attorneys.

Contents:

Intro

Title Page

Copyright

Contributors

Preface

Table of Contents

CHAPTER 1: INTRODUCTION TO GOVERNMENT CONTRACT LAW

I. Introduction

II. Organization

III. Additional Resources

IV. Overview of the Government Contracting Process

V. Commercial/Government Contract Comparison

A. Interrelationship of Commercial and Government Contract Law

B. Federal Statutes and Regulations Preempt Commercial Law

VI. Role of Public Policy in Government Contract Law

A. Objectives of Government Contracting

B. The Procurement Environment: The Acquisition Workforce

C. Contractor Workforce

D. Public Policy and Contract Clauses

VII. Attorney Roles in Government Contracting

A. Government Attorneys

B. Contractor Attorneys

VIII. Conclusion

CHAPTER 2: CONTRACT FORMAT AND THE FAR SYSTEM

I. Introduction to Contract Review

II. Uniform Contract Format

A. Overview

B. Uniform Contract Format

III. Federal Acquisition Regulation System

A. Federal Acquisition Regulation

B. Departmental and Agency Supplemental Regulations

C. Organization of the FAR

IV. Conclusion

Attachment A: Sample Contract Review Checklist

CHAPTER 3: AUTHORITY TO CONTRACT

II. Authority of Agencies

A. Constitutional

B. Statutory

C. Regulatory

III. Creating a Binding Contract

A. Commercial Contracts

B. FAR Definition of a Contract

C. Comparing the UCC and the FAR

D. Express Contract

E. Implied Contracts

IV. Authority of Personnel

A. Contracting Authority

B. Actual Authority

C. Apparent Authority

V. Doctrines That Bind the Government

A. Implied Authority

B. Ratification

C. Imputed Knowledge

D. Equitable Estoppel

VI. Unauthorized Commitments

A. Definition

C. Alternatives to Ratification

VII. Conclusion.

CHAPTER 4: FUNDING AND FUND LIMITATIONS

I. References

II. Introduction

A. Funding and Government Contracts

B. Source of Funding and Fund Limitations

C. The Basic Fiscal Limitations

D. Congress Has the Power

E. Fiscal Law Affects Contract Terms

III. Key Terminology

A. Fiscal Year

B. Period of Availability

C. Obligation

D. Budget Authority

E. Contract Authority

F. Authorization Act

G. Appropriations Act

H. Treasury

I. Comptroller General and Government Accountability Office

J. Accounting Classifications

IV. Overview of Funding Contracts

V. Availability as to Purpose

A. Existence of Appropriation

B. Purpose Statute

C. Three-Part Test for a Proper Purpose

D. Determining the Purpose of a Specific Appropriation

VI. Availability As to Time

A. The Time Rule

B. The "Bona Fide Needs" Rule

C. Bona Fide Needs Rule Applied to Supply Contracts

D. Bona Fide Needs Rule Applied to Service Contracts

VII. Availability Based upon Amount

A. The Anti-Deficiency Act

B. Investigating Violations

VIII. Legal Review of Funding Issues

B. Contractor Attorney

IX. Augmentation of Appropriations and Miscellaneous Receipts

A. Contractor Payments and Repayments

B. General Rule

C. Statutory Exceptions to the Miscellaneous Receipts Statute

D. GAO Sanctioned Exceptions

X. Expense/Investment Threshold

A. Procurement or Operations and Maintenance?

B. Expenses

C. Investments

D. Exception Permitting Purchase of Investments with O&amp

M Funds

E. Systems

XI. Military Construction

A. Congressional oversight of the Military Construction Program

B. Specified Military Construction Program

C. Unspecified Minor Military Construction Program

D. O&amp

M Construction

E. Maintenance and repair projects.

F. Exercise-related construction

G. Combat and Contingency-Related O&amp

M-Funded Construction

XII. Conclusion

CHAPTER 5: COMPETITION

A. Competition Promotes the Public Interest

B. Competition Yields Value

C. Federal Policies

II. Competition Requirements

A. The Competition in Contracting Act of 1984

B. Levels of Competition

C. FAR Competition Requirements

D. Full and Open Competition Defined

E. Full and Open Competition After Exclusion of Sources Defined

F. Other Than Full and Open Competition Defined

III. Implementation of Competition Requirements

A. Competition Advocates

B. Acquisition Planning

C. Market Research

D. Developing Specifications

E. Publicizing Contract Actions

IV. Exceptions

A. Simplified Acquisitions

B. Contracts Awarded Using Other Statutory Procedures

C. In Scope Contract Modifications

D. Contract Orders Under Indefinite Delivery Contracts

E. Exempt Agencies

V. Conclusion

CHAPTER 6: TYPES OF CONTRACTS

II. Contract Types - Categorized by Price

A. Fixed-Price Contracts

B. Incentive Contracts

C. Cost-Reimbursement Contracts

III. Contract Types - Services Measured by Time Worked

A. Time-and-Materials and Labor Hour Contracts

B. Level of Effort Contracts

IV. Contract Types - Indefinite Delivery Contracts

A. Indefinite Delivery Contracts

B. Definite-Quantity/Indefinite-Delivery Contracts

C. Indefinite-Quantity Contracts

D. Requirements Contracts

E. Indefinite-Quantity/Indefinite-Delivery Contracts

F. Multiple Award Indefinite-Quantity/Indefinite-Delivery Contracts

V. LETTER CONTRACTS

A. General

B. Use

C. Approval

D. Definitization

E. Ceiling

F. Restrictions

G. Government Liability for Failure to Definitize?

H. Delays in Definitizing

VI. Options.

A. Definition

B. Use of Options

C. Proposing Options

D. Evaluation of Options

E. Drafting Option Provisions

F. Limitations on Total Contract Period

G. Exercising Options

VII. Contract Types Classified by Supplies or Services Acquired

A. Types of Requirements

B. Performance-Based Contracting

C. Government-wide Acquisition Contracts

VII. Selection of Contract Type

A. Regulatory Limitations

B. Factors to Consider

C. Statutory Prohibition Against Cost-Plus-Percentage-of-Cost Contracts

IX. Conclusion

CHAPTER 7: SIMPLIFIED ACQUISITION PROCEDURES

II. When to Use Simplified Acquisition Procedures

A. Simplified Acquisition Threshold

B. Micro-Purchase Threshold

C. Application of the Thresholds

D. Simplified Acquisitions of Commercial Items

III. Simplified Acquisition Procedures

A. Small Business Set-Aside Requirement

B. Synopsis and Posting Requirements

C. Competition Requirements

IV. Simplified Acquisition Methods

A. Purchase Orders

B. Blanket Purchase Agreements

C. Imprest Funds

D. Government-wide Commercial Purchase Card

E. Electronic Commerce

CHAPTER 8: SEALED BIDDING

II. Framework of the Sealed Bidding Process

A. Current Statutes

B. Regulations

C. Overview of Sealed Bidding Process

III. Preparation of Invitation for Bids

A. Format of the IFB

B. Specifications

C. Definition

D. Contract Type

IV. Publicizing the Invitation for Bids

A. Policy on Publicizing Contract Actions

B. Methods of Soliciting Potential Bidders

C. Late Receipt of Solicitations

D. Failure to Solicit the Incumbent Contractor

V. Submission of Bids

A. Safeguarding Bids

B. Method of Submission

C. Time and Place of Submission

D. The Firm Bid Rule

E. Late Bids.

F. Extension of Bid Opening to Prevent "Late" Bids

G. Modifications and Withdrawals of Bids

VI. Evaluation of Bids

A. Evaluation of Price

B. Evaluation of Responsiveness of Bids

C. Responsiveness Distinguished from Responsibility

D. Informalities or Irregularities in Bids

E. Failure to Acknowledge Amendment of Solicitations

F. Rejection of All Bids-Cancellation of the IFB

G. Mistakes in Bids Asserted Before Award

VII. Award of the Contract

A. Evaluation of the Responsibility of the Successful Bidder

B. Minimum Standards of Responsibility-Contractor Qualification Standards

C. Responsibility Determination Procedures

D. Award of the Contract

E. Mistakes in Bids Asserted After Award

CHAPTER 9: NEGOTIATIONS

A. Background

B. References

II. Choosing Negotiations

A. Sealed Bidding or Competitive Negotiations

B. Criteria for Selecting Competitive Negotiations

C. Contracting Officer's Discretion

D. Comparing the Two Methods

III. Conducting Competitive Negotiations

A. DOD Source Selection Procedures

B. Developing a Request for Proposals

C. Drafting Evaluation Criteria

D. Notice of Intent to Hold Discussions

E. Exchanges with Industry before Receipt of Proposals

F. Issuing the Request for Proposals

G. Preparation and Submission of Initial Proposals

H. Timeliness of Initial Proposals

I. Evaluation of Initial Proposals

J. Award Without Discussions

K. Determination to Conduct Discussions

L. Communications

M. Establishing the Competitive Range

N. Conducting Discussions

O. Final Proposal Revisions

P. Selection for Award

Q. Debriefings

IV. Negotiating Sole Source Awards

B. Soul Source Negotiations

C. Contractor Proposal

D. Contract Award

V. Conclusion.

CHAPTER 10: ELIGIBLE CONTRACTORS.

Notes:

"Based on the contract attorney's course of the Judge Advocate General's School, U.S. Army."

Description based on print version record.

Description based on online resource; title from PDF title page (EBook Central, viewed April 1, 2024).

ISBN:

1-63425-823-1