This course analyzes the basic considerations in contracting with the United States federal government. The course will examine the differences between contracting by private parties and government contracting. The course will cover contract formation and the procurement process (such as sealed bidding and competitive negotiation), the authority of government agents to contract, and problems that can arise during evaluation, source selection, and contract award. The Truth in Negotiations Act, defective pricing issues, and audit powers of the federal government will be briefly discussed. The course will cover problems of contract administration and performance, such as changes and constructive changes, delays and suspension of work, allowable costs, termination for default and for government convenience, inspection, warranties, acceptance, and small business and subcontracting. The course also will focus on remedies in United States government contracting, including the bid protest system of the federal government, actions in federal courts, the disputes procedure of the federal government, and extraordinary contractual relief. Issues relating to procurement fraud will be briefly addressed. A session on procurement practices in the European Union is also offered for comparison.

E or QP or PP:  Examination or qualifying paper or writing portfolio. Refer to Academic Rule X—Writing Requirement and Directed Research.

Upper-level course for:

I. Administrative and Legislative Law
XXII. Law and Public Policy