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Unformatted text preview: Student Number: Student Engagement Completing Subject Exam or Application Lesson Completing Final Exam (FE) Communicating with Instructor Preparing Course Paper (if applicable) Student Preparation Reading Assignment Reviewing and Completing Lesson Review Exercises Studying for Subject Exam or Application Lesson Studying for Final Exam (FE) Preparing for Course Paper (if applicable) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 FE Total Lessons Verifying an accurate course completion time is essential for accreditation. 90 hours of student preparation time and 45 hours of student engagement time are required for a 3 credit hour course. Please track the time you spend on each lesson and final examination. Enter the time in hours and tenths of hours (1.0, 2.5, etc.). This form must be submitted electronically after completion of the course final examination to [email protected] or faxed to (626) 332-8149. A final grade will not be issued until this form is submitted. Student Name: Time Tracker Course 603 – Government Contract Law PLEASE NOTE THE FOLLOWING: Since the publication of the textbook used for this course, the following changes have been made: The General Accounting Office (GAO) has been renamed the Government Accountability Office (GAO). The threshold for submission of cost or pricing data, in accordance with P.L. 87-653, has been raised in the FAR to $750,000, effective October 1, 2015. STUDY REFERENCE GUIDE COURSE 603 GOVERNMENT CONTRACT LAW LESSON PLANS Instructor: Clark Adams; e-mail: [email protected] American Graduate University Covina, California Copyright 2017 American Graduate University All Rights Reserved 733 North Dodsworth Avenue Covina, California 91724 Printed in the United States of America Government Contract Law – Course No. 603 (3 units) Welcome to Government Contract Law (Course No. 603). This distance learning course is composed of a series of Lesson Modules. Each lesson module requires the student to complete an assignment and an examination. The student is also required to complete a course final examination. Individual course lessons must be completed in their numerical order. The CourseWebs Learning Management System (LMS) will not allow a student to move on to the next lesson until the previous lesson examination has been completed and graded. Lesson examinations not requiring instructor review are graded and notice is sent to the student within minutes of submittal. Lesson examinations requiring instructor review are normally graded within 24 to 72 hours. Students can work ahead in their print Study Guide while waiting for instructor reviews and grading. Lesson Topic – Each lesson has a title that succinctly summarizes the theme of the lesson. Lesson Objectives – The lesson objectives outline the important concepts to be learned in the lesson. They are meant to guide the student in the reading of the material. At the end of the lesson the student should have achieved the objectives listed. Lesson Assignment – The lesson assignment is a list of what the student should read, study or answer. This can include reading assignments from the course textbook, internet assignments, etc. Lesson Review Exercises (LRE’s) – The LRE’s help the student in reviewing the lesson assignment. While the student’s answers to the LRE’s do not have to be submitted to AGU for grading, they are very instrumental in mastering the course materials and in successful completion of the course examinations. Subject Examinations – This is a test designed to measure your understanding of the course content and materials. These examinations consist of multiple choice and true‐false questions. These examinations must be submitted to AGU for grading. Each module that is not an Application Lesson, will include a subject examination. Application Lessons – After every 3‐5 lesson modules, there will be what we term an Application Lesson. The purpose of these lessons is to allow the student to apply what has been learned in the previous lesson modules. These Application Lessons consist of problems, exercises, case analysis, essays, and Web exercises, which must be submitted to the AGU instructor for grading through the CourseWebs LMS. Grading – Lessons 4, 8, 13 and 18 are Application Lessons. These four lessons are each weighted at 5% of the total course grade. Once all lessons have been completed, you will then need to complete a Final Exam, which is weighted at 20% of the total course grade. Your Instructor – You will have an instructor assigned for the course. The instructor will send you a welcome message with details on how to contact him or her. The instructor is there to provide you with help in completing the course work. The instructor will be evaluating and grading your work in the Application Lessons and Final Examination. In addition, the AGU Student Services Department ([email protected]) is there to provide assistance and prompt feedback on student submittals and questions. Schedule – You have five months to complete the course. The start date for the course is 5 days after the course registration date. A Recommended Progress Schedule sheet for this course may be found in the inside cover of this Study Reference Guide. Text – Government Contract Law, Defense Acquisition University, AGU Press. Good luck in the course and remember to use all the resources available to you. GOVERNMENT CONTRACT LAW – COURSE NO. 603 COURSE DESCRIPTION The course deals comprehensively with the purpose, interpretation, applicability and legal ramifications of the clauses, statutes, executive orders, and regulations applicable to Government prime contracts and subcontracts. The major decisions of the Boards of Contract Appeals, the Comptroller General, and the U.S. Court of Federal Claims are examined. The rights and responsibilities of the Government, prime contractor and subcontractor are explained. The specific problems of the prime and subcontractor relationship are covered. This course is specifically designed to provide information and reference material for contract managers, subcontract managers, in‐house attorneys, and private counsel who are responsible for the negotiation, analysis and implementation of the terms and conditions of Government prime contracts and subcontracts. Its major emphasis is on how to keep out of legal problems, not what to do after they arise. Therefore, its primary emphasis is on “preventive” contract law rather than the disputes and appeals process, and other legal remedies, although these are also adequately covered. COURSE LESSON MODULES LESSON 1 — Introduction to Government Contract Law and Organization of the Federal Government LESSON 2 — General Contract Principles LESSON 3 — Authority and Delegation LESSON 4 — Application Lesson – Lessons 1 through 3 LESSON 5 — Government Contract Formation LESSON 6 — Protests LESSON 7 — Property LESSON 8 — Application Lesson – Lessons 5 through 7 LESSON 9 — Fiscal Matters in Government Contracting LESSON 10 — Funding Contracts LESSON 11 — Labor, Social, Economic and Environmental Concerns LESSON 12 — Fraud LESSON 13 — Application Lesson – Lessons 9 through 12 LESSON 14 — Inspection, Acceptance, Delivery and Warranties LESSON 15 — Changes LESSON 16 — Terminations LESSON 17 — Contract Disputes LESSON 18 — Application Lesson – Lessons 14 through 17 LESSON 19 — Uniform Commercial Code LESSON 20 — Recent Developments LESSON 21 — Case Analysis Final Examination (Please request the Final Exam for this course after completion of all Lessons. Go to and click on Student Center; click on Online Exams; and click on “Final Exam Request Form” link at the bottom of the page.) COURSE OBJECTIVES At the completion of this course the student will, through the use of text, University supplied questions and answers, and examination questions, be able to: List and define the sources of government procurement/contract law. Explain the authority and power of the United States and differentiate governmental power to contract from that of an ordinary contracting party. Discuss the evolution of governmental procurement legislation. Define the doctrine of equitable estoppel and explain its significance. Differentiate between the various methods of contracting including sealed bids, two‐step bids, and competitive proposals. Discuss the concept of best value and explain how it is achieved. Explain the requirements and significance of the Competition in Contracting Act and summarize its seven exceptions. List and differentiate between the various kinds of contracts. Discuss the protest procedure and specify the forums that are available to hear such protests and their filing requirements. Discuss how government contracts are funded and list the steps in the funding cycle. Explain the significance of the anti‐deficiency act. Outline requirements for assignments of claims. Summarize the types and rules relating to risk of loss, damage and destruction of government property. Explain the various rules relating to technical data and the government’s obligations relative to handling such data. State the provisions and discuss the importance of government labor, social, economic and environmental statutes affecting government procurement. Define fraud and summarize the major provisions and significance of the various statutes relating to fraud. Compare and contrast the government’s and contractor’s rights and obligations relating to delivery, acceptance and warranties. Discuss the importance and outline the various kinds of changes. Outline the disputes, claims and appeals process including identifying its requisite sequence of events and list the various requisite time periods for a timely appeal. Compare and contrast a termination for default and a termination for convenience. Discuss the significance of debarment and suspension. Outline the provisions for collecting contractor debt. LESSON 1 GOVERNMENT CONTRACT LAW COURSE 603 LESSON TOPIC: Introduction to Government Contract Law and Organization of the Federal Government LESSON OBJECTIVE: At the completion of this topic the student will, through the use of text, University supplied questions and answers, and examination questions, be able to: Define and explain concepts of checks and balances and separation of powers. Discuss the functions of the various courts that are inferior to the Supreme Court within the federal system. Identify the principal regulation governing federal procurement and discuss what agency is at the forefront for policy determination. Compare and contrast the various courts within the U.S. federal system. Identify the types of contractor activity which could interfere with a person’s ability to fulfill their ethical duties to the government. Summarize the major elements of the Procurement Integrity Act. Recognize the existence of a legally proscribed individual conflict of interest and its impact on the contracting officer. LESSON ASSIGNMENT: Government Contract Law, Defense Acquisition University, March 2004 Tab 1 – Chapter 1, “Introduction to Government Contract Law and Ethics” Tab 2 – Chapter 1 Cases Legal Considerations in Contracting – DAU CON 216 – pages 58-60, 64-67, 69-70, 72 and 74 Study Reference Guide – pages 603-1-2 to 603-1-9 603-1-1 603-1-2 603-1-3 603-1-4 603-1-5 603-1-6 603-1-7 603-1-8 603-1-9 LESSON REVIEW EXERCISES LESSON 1 NOTE: The following exercises are study aids designed to help you prepare for the subject exam. Write your answers in the space provided after each exercise. Use the blank page to record other notes on the text content. Immediately check your answers with the key at the end of the guide. Do not submit your answers to AGU for grading. Question 1: Discuss the role of “checks and balances” and “separation of powers” in our system of government. Which arguably is the weakest branch of government? Question 2: For purposes of Government contracts, which of the executive departments is most important, and what is the designation of the Under Secretary that coordinates activities relevant to procurement within that department? Question 3: In terms of Government contracts, what is the most important office within the legislative branch and state its purpose and discuss the fields where it primarily operates. Question 4: Under Article III of the Constitution, Congress has the power to create courts inferior to the Supreme Court. Name three such courts that Congress has created and that are still in existence. Question 5: Why doesn’t the Comptroller General usually rule on contract disputes? 603-1-10 Question 6: Name the four primary sources of procurement law. Question 7: Procurement regulations serve several important functions. What are they? Question 8: What is the principal regulation governing federal procurement and what agency is at the forefront of policy determination? Question 9: Is Federal procurement subject to state or local law? Question 10: Define organizational conflict of interest. Question 11: Identify the four major elements of the Procurement Integrity Act. Question 12: Name the three limitations on the actions of former federal employees of the executive branch and military officers. 603-1-11 Question 13: If a contracting officer is administering a contract with Boeing Company, is it permissible for her to own stock in Boeing Co? Question 14: Are federal employees barred from being paid for performing duties outside the government when acting in an unofficial capacity? Question 15: Is it permissible for a federal employee to receive a gift? 603-1-12 LESSON NOTES NOTE: This space is provided to enable the student to outline the lesson, or to emphasize additional points which the student considers to be of significant interest. 603-1-13 SUBJECT EXAMINATION COURSE 603 – LESSON 1 Please read the following: 1. After carefully reading each question, mark your answers in the appropriate spaces in the on-line testing system at . 2. Submit any inquiries through “Contact Us” on the webpage, or by contacting Student Services at [email protected] MULTIPLE CHOICE: Question 1: Checks and balances and separation of powers primarily function: (a) (b) (c) (d) Question 2: In terms of government contracting, the most important executive department is: (a) (b) (c) (d) (e) Question 3: Department of Defense Department of Homeland Security Department of Energy Department of Justice None of the above The primary purpose of the __________ is to assist the Congress in providing legislative control over the receipt, disbursement and application of public funds. (a) (b) (c) (d) Question 4: To ensure that no branch of government acquires too much power To allow independence, yet acquire a certain amount of cooperation among the various branches To put limits on each branch to induce cooperation of others All of the above General Services Administration Government Accountability Office (formerly known as the General Accounting Office) Congressional Budget Office Office of Government Ethics Immediately below the Supreme Court in the Federal Court System is/are: (a) (b) (c) (d) United States Court of Claims United States District Courts United States Courts of Appeals Armed Services Board of Contract Appeals 603-1-14 Question 5: The general trial court within the Federal Court System is the: (a) (b) (c) (d) Question 6: Acts of Congress are known as: (a) (b) (c) (d) Question 7: Protests Contract disputes Neither of the above The agency who’s Act in 1974 set the federal procurement policy determination set forth in the FAR is: (a) (b) (c) (d) Question 9: Statutes Executive orders Regulations None of the above The Comptroller General usually does not rule on: (a) (b) (c) Question 8: Supreme Court U.S. District Courts U.S. Circuit Court of Appeals Boards of contract appeals GAO OFPP CIA None of the above Criminal actions are pursued to primarily: (a) (b) (c) (d) Compensate the plaintiff monetarily Prosecute persons for acts against the public Remedy breach of contract actions None of the above Question 10: In general, Federal procurement is subject only to: (a) (b) (c) (d) Federal law State law Local law None of the above Question 11: Common law: (a) (b) (c) (d) (e) Originated in England prior to the American Revolution Is adversarial in nature Is used in 49 of the 50 states Continues to evolve today All of the above 603-1-15 Question 12: There is a __________ ban on acting in a representational capacity for anyone concerning a matter which was under that person’s official responsibility during the final year of federal employment. (a) (b) (c) (d) Lifetime One-year Two-year Five-year TRUE – FALSE: Question 13: The function of the Armed Services Board of Contract Appeals is to decide contract disputes. (T or F) Question 14: The Federal Acquisition Regulation (FAR) is the primary regulation for use by all Federal executive agencies in their acquisition of supplies and services with appropriated funds. (T or F) Question 15: Regulations published by the Office of Government Ethics establish uniform ethical standards of conduct but do not supercede the regulations of individual agencies. (T or F) Question 16: The common law system is adversarial in nature. (T or F) Question 17: There is a five-year ban against acting in a representational capacity for anyone other than the United States in any formal or informal meeting with the government regarding a matter in which one was personally and substantially involved with a federal employee. (T or F) Question 18: While the law prohibits current federal employees and military officers, who in their official capacity participate personally and substantially in particular matters, from having a financial interest in or employment arrangement regarding the matter; this prohibition does not extend to the individual’s spouse. (T or F) Question 19: Subcontracts between a prime contractor and a subcontractor are governed by state law rather than Federal law, as the Federal government is not a party to these agreements. (T or F) Question 20: Much of the content of procurement regulations are required by public law or executive order. (T or F) Question 21: The nondisclosure of delivery information is a key element of the Procurement Integrity Act. (T or F) 603-1-16 ANSWERS TO LESSON REVIEW EXERCISES 1. Although the Constitution nowhere expressly declares that the branches of government shall be kept separate and apart, there are a plethora of examples where positive and negative restraints are made available by the Constitution to each branch in defeat of the actions of other branches. The intent of the framers was that each branch be independent, yet must cooperate with the other branches as well. Each of the three branches was to balance the other with the system of checks and balances designed to prevent abuse of power by any one branch. The judiciary is probably the weakest of the three because it must look to the force of public opinion for support in face of reluctance by any of the other branches to enforce its will. 2. In terms of Government contracting, the most important executive department is the Department of Defense. It is the Under Secretary for Acquisition who has the responsibility to coordinate and improve acquisition by the Department of Defense. 3. Within the legislative branch, the most important office is the Government Accountability Office (GAO) whose primary purpose is to assist the Congress in providing legislative control over the receipt, disbursement and application of public funds. It operates principally in the fields of auditing, accounting, claims settlement, legal decisions and records management. The GAO reports to Congress and publishes the decisions it renders concerning the legality of expenditures of public funds. 4. Courts inferior to the Supreme Court include: the United States Courts of Appeals, the Federal District Courts (the primary trial courts), the United States Court of Federal Claims and the Un...
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