Course
Description
This FAI-compliant course discusses
the impact of the legal system on the process of Government
contracting. A variety of topics are covered, including
the legal framework in which the contracting process
is conducted, various federal statutes that affect the
contracting process, the variety of regulations that
govern the process, and the impact of judicial and administrative
review on Government contracting.
Text material and instructor lecture is heavily augmented
by case studies and practical problems that allow the
student to not only understand the numerous legal concepts
and ideas brought up in the course, but to see them
applied to actual situations in which the student is
required to apply laws and/or regulations to a set of
facts and determine appropriate legal conclusions.
The target audience for this course consists of personnel
involved in the contract specialist (GS-1102) career
path. Others interested in Government contracting could
also benefit.
ACE
Credit Recommendation
In the lower division baccalaureate degree category,
3 semester hours in Business Administration, Federal
Acquisition, Public Administration, Procurement Management,
or Purchasing.
Prerequisites
To ensure success, we recommend that students have completed
the following courses:
Acquisition Planning I, Contract Formation I, Contract
Administration I, Price Analysis, Cost Analysis, Federal
Contract Negotiation, Acquisition Planning II, Contract
Formation II,Contract Administration II, and Intermediate
Contract Pricing.
Course
Objectives
Upon successful completion of this course, the student
will be able to:
- Define
the elements of a contract and the Federal Governments
authority to contract
-
Describe the law of agency
-
Identify basic statutes, regulations, case law, and
administrative law that define the federal acquisition
system
-
Identify sources of commercial terms and conditions
-
Recognize and avoid situations having legal liabilityCourse
Content
|
| Course
Content |
| Lesson
1: |
Introduction
to Government Contract Law and Business Ethnics |
| |
-Describe
the constitutional, statutory, and common law framework
for government contracting.
-Describe business ethics and standards of conduct that
apply to the practice of government contracting.
|
| Lesson
2: |
General
Contract Elements, Principles, and Authority |
| |
-Review
the elements of contract formation.
-Describe provisions of the Uniform Commercial Code (UCC)
that apply to contract formation in the commercial marketplace
as they relate to the intentions of the parties that seek
to enter the contractual relationship.
-Examine how the unique status of the government affects
the authority of its representatives to form contracts. |
| Lesson
3: |
Government
Contract Formation |
| |
-Describe
methods of forming contracts (e.g., sealed bidding; negotiation;
commercial vs. non-commercial variations on contract award).
-Explain the principles of law and policy related to each
method. |
| Lesson
4: |
Protests |
| |
-Discuss
the forms for deciding protests.
-Describe the policies and procedures of each forum for
such matters as eligibility to file a protest, the standard
of review of the agency's action, and the effect of the
forum's decision. |
| Lesson
5: |
Property |
| |
-Describe
the concept of property: Its types, its characteristics,
and methods of transfer and use.
-Describe title to property, bailment, and various types
of intellectual property.
-Explain how certain contract clauses operate to refine
and shape the legal positions of the parities in relation
to the ownership, use and transfer of property. |
| Lesson
6: |
Funding
Contracts and Fiscal Matters |
| |
-Describe
the various legal facets of fiscal management and funding.
-Identify problems involved and some of the means of resolving
those problems. |
Lesson
7: |
Labor,
Social, Economic, and Environmental Concerns |
|
-Describe
the legal obligations of contracting officers for implementing
labor, social, economic, and environmental policies that
directly or indirectly apply to Federal contracting and
the limitations on their role in administering those policies. |
Lesson
8: |
Fraud |
|
-Define
and describe acts of fraud.
-Identify the Federal statutes, and methods to implement
those statutes, that the government can use in affirmative
litigation to prosecute firms that may be engaged in illegal
practices related to government contracting. |
Lesson
9: |
Inspection, Delivery, Acceptance, and Warranties |
|
-Examine
inspection, delivery, acceptance, and warranties with
a view toward interpreting and defining contract compliance
with respect to quality. |
Lesson
10: |
Changes |
|
-Describe
the modification or alteration of government contracts.
-Describe the various approaches to measuring the "equitable
adjustment". |
Lesson
11: |
Contract
Disputes |
| |
-Describe
the process for resolving disputes that arise in connection
with the performance of government contracts.
-Discuss the evolution of that process. |
Lesson
12: |
Terminations |
| |
-Describe
the authority, reasons, procedure, and applications of
terminations
Students may be able to split the course into two 1-week
courses. Please call for details. |
