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A “back-to-basics” guide to government contract law

Finally! A plain-English presentation of the basic legal concepts of government contract law for professionals at any stage in their careers.

Until now, anyone in the procurement field has had to trudge through dense and complex texts written in hard-to-follow “legalese” in their quest to understand procurement law. With Understanding Government Contract Law, they finally have a source of clear and concise explanations of the legal principles involved in government contract law, written by an authority on the subject.

Part I of the book focuses on the unique problems facing each of the parties to a government contract – the contract officer and the contractor – and offers insight to the many roles played by the contract officer in the procurement process. Part II describes why and how the government contract is different from commercial contracts. Part III explores the ins and outs of a government contract lawsuit.

The author presents key legal principles of government contract law by:

Stating a legal principle
Specifying where in the Federal Acquisition Regulation (FAR) that principle is found
Offering the rationale, context, and any public policy behind the principle
Describing, with case law examples, situations where the government applied the law correctly and situations where the government came to that conclusion incorrectly

Table of Contents

Part I: The Parties

Chapter 1: The Contracting Officer as Judge
A “Fair and Reasonable” Judge
An “Independent Judge”
Chapter 2: The Contracting Officer as Sheriff
The Solicitation Process
Contract Administration
Chapter 3: The Contracting Officer as Defendant
Contracting Officer’s Financial Liability to the Government
Contracting Officer’s Financial Liability to The Public
Chapter 4: The Contracting Officer as Plaintiff
Chapter 5: Contractor Responsibilities
Check Contracting Officer’s Authority
Bait and Switch
Implied Certifications
Fraud in Claims

Part II: The Contract

Chapter 6: Types of Government Contracts
Different Kinds of Agreements
Express Contracts
Implied Contracts
Chapter 7: Contract Interpretation
The Goal of Contract Interpretation: Finding the Intent of the Parties
The Two Steps of Contract Interpretation
Chapter 8: Contract Administration Quirks
The Government Intentionally and Unilaterally Changes It Using the Changes Clause
The Government Inadvertently Changes the Deal: Constructive Changes
Deadlines That Are Not Really Deadlines, Just Suggestions: Notice Requirements
Clauses Left Out That Are in a Government Contract Anyway: The Christian Doctrine
The Government Prematurely Ends the Agreement: Terminations for Convenience

Part III: Lawsuits over Government Contracts

Chapter 9: Federal Litigation: Suing the Federal Government
Any Lawsuit
Any Lawsuit Against the Federal Government
The Two Typical Procurement Lawsuits Against the Government: Protests and Claims
CFC-District Court Overlap: Does the Issue Involve a Federal Contract or a Federal Regulation?
Chapter 10: Protests
The Protest
The Automatic Stay
Chapter 11: The Claims Process
What Is a “Claim”?
How Is a Claim Raised and Resolved?
When Must a Claim be Filed?
Appeal to the CFC or BCA
Appeal to the CAFC
Chapter 12: Costs of Litigation
EAJA
CICA

About the Author

Terrence M. O’Connor has practiced government contract law for over 35 years. After 15 years as an attorney for the federal government, he went into private practice, focusing on litigation and teaching. He has tried more than 70 criminal jury cases and more than 20 civil/non-jury administrative hearings, including government contract claims before the U.S. Court of Federal Claims and various Boards of Contract Appeals.

He is the author of The Federal Contracting Answer Book and currently writes monthly columns on recent court, GAO, and BCA decisions for the popular monthly newsletter Federal Acquisition Report.