Law 792: Government Contracts
This course analyzes the basic considerations in contracting with the federal government, including the sovereign’s power to contract, the applicable statutes, regulations and executive orders, and sovereign immunity. Material covers methods of procurement; types of contracts; sealed bidding or negotiation (competitive proposals); the problems of offer, acceptance and consideration; affirmative action programs such as minority business enterprises, women business enterprises, and disadvantaged business enterprises; as well as the authority of government agents to contract. The materials also focus on the problems of contract performance, including changes; delays and suspensions of work; contract termination either for contractor default or for government convenience; and equitable adjustments and allowable costs. There is emphasis throughout the course on the practical as well as the substantive problems, including the disputes procedure before the boards of contract appeals and appeals to the U.S. Court of Federal Claims (COFC), as statutorily mandated by the Contract Disputes Act of 1978; extraordinary rights and remedies, including recovery for defective pricing and Public Law 85-804 requests; and bid protest proceedings before the GAO or the COFC. This course also examines issues involving the federal acquisition regulations, ethics and compliance, and inquiries from inspectors general.
Sequence and Prerequisites: None.
Evaluation: The course will be evaluated by a take-home exam.