Understand the legal foundations of federal contracting, including formation, authority, disputes, and remedies. Ideal for acquisition professionals seeking legal fluency in procurement.
Overview
Syllabus
Module 1: The Uniqueness of the Government as a Contractor
- Explains how government contracting differs from private-sector contracting
- Outlines sovereign powers, public policy requirements, and statutory mandates
- Describes the role of public interest in shaping contract law
Module 2: Contract Formation Principles
- Defines the legal elements of contract formation
- Explains offer, acceptance, and consideration in the federal context
- Identifies essential elements required for enforceable agreements
Module 3: Authority of Government Agents
- Clarifies who can legally bind the government in contract matters
- Defines actual vs. apparent authority in acquisition
- Discusses consequences of unauthorized commitments
Module 4: The Statutory and Regulatory Framework
- Introduces foundational acquisition statutes and regulations
- Explains the roles of FAR, DFARS, and agency supplements
- Outlines statutory limitations on contracting authority
Module 5: Miscellaneous Acquisition Procedures
- Describes simplified acquisition and commercial item procedures
- Explains purchase cards and micropurchase thresholds
- Introduces interagency agreements and special acquisitions
Module 6: Sealed Bidding and Common Acquisition Issues
- Explains the sealed bidding process under the FAR
- Details bid submission, evaluation, and award
- Covers bid mistakes, protests, and rejection rules
Module 7: Responsibility, Suspension, Debarment
- Defines contractor responsibility and pre-award clearance
- Outlines grounds for suspension and debarment
- Discusses impact of exclusions on procurement eligibility
Module 8: Competitive Proposals and Negotiation
- Explores negotiated procurement and source selection
- Explains evaluation factors and best-value tradeoffs
- Describes discussions, revisions, and final award decisions
Module 9: Types of Contracts
- Introduces fixed-price, cost-reimbursement, and other contract types
- Outlines risk allocation and appropriate use of each type
- Explains contract selection considerations under the FAR
Module 10: Socioeconomic Considerations
- Discusses statutory programs supporting small and disadvantaged businesses
- Explains set-aside policies and socioeconomic evaluation factors
- Highlights legal obligations for inclusion and compliance
Module 11: Subcontracting
- Outlines rules for prime-subcontractor relationships
- Explains flow-down clauses and responsibility tracking
- Describes subcontracting plans and reporting requirements
Module 12: Contract Administration
- Details post-award roles and responsibilities
- Explains contract performance oversight and modifications
- Describes invoice review, acceptance, and payment issues
Module 13: Disputes and Remedies
- Explores the Contract Disputes Act and claims process
- Details remedies for breach, nonperformance, and default
- Covers appeal rights, boards of contract appeals, and litigation
Taught by
Anna Garcia-Durr, Jeff Hysen, Melanie Dooley, and Alan McCain