Book description
Go Beyond the FAR!The guidance contained in the almost 2000 pages of the Federal Acquisition Regulation and the various agency supplements are just a part of the resources government acquisition professionals need to do their jobs effectively. Accessing and understanding case law is equally important to a thorough understanding of government contracting. Legal decisions explain the Government Accountability Office's and the courts' views on how procurement statutes and regulations apply in a wide range of situations. Case law also gives potential bid protesters and agencies a way to gauge the likely outcome of a protest.
Until now, it has been difficult to find and understand the legal decisions that could be relevant to a particular situation. Key Case Law Rules for Government Contract Formation changes that by organizing and explaining the most important protest grounds in a readily accessible and comprehensible way. With an emphasis on more recent cases, the book is organized around the key protest grounds, such as pricing issues, allegations that the government wrongfully prevented competition, or improper sealed-bidding procedures.
Bridging the gap of understanding between the legal and the contracting communities, this book is a much-needed addition to the essential resources for acquisition professionals.
Table of contents
- Preface
- Acknowledgments
- Acronyms
- INTRODUCTION: The Protest Forums and the Process
-
THE KEY CASE LAW RULES BROKEN DOWN BY PROTEST GROUND
- Chapter 1. Protest Grounds Alleging That the Government Is Wrongfully Preventing Competition
- Chapter 2. Protest Grounds Based on the Government’s Description of the Requirement
-
Chapter 3. Protest Grounds Challenging the Government’s Exercise of Discretion or the Government’s Conduct of the Competition
- 1. Agency’s Commercial Item Determination
- 2. Responsibility Determinations
- 3. Negotiated Procurements: Tradeoff Process
- 4. Competitive Range
- 5. Evaluation in Strict Accordance with the Solicitation
- 6. Evaluation Team
- 7. Relative Importance of Factors and Subfactors in a Solicitation
-
8. Past Performance
- A. Past Performance Generally
- B. Subground 1: Improper Evaluation of Relevance of Past Work
- C. Subground 2: Improper Evaluation of Key Personnel, Predecessor Companies, Subcontractors, or Teams
- D. Subground 3: Neutral Ratings for Lack of Past Performance
- E. Subground 4: Improper Evaluation of Adverse Information
- F. Subground 5: Disparate Treatment
- G. Subground 6: Government Did Not Seek Enough Information
- H. Subground 7: Ignoring Information That Is “Too Close at Hand”
- 9. Proposals Submitted Late
- 10. Material Misrepresentation: Bait and Switch
- 11. Unacceptable or Noncompliant Proposals
- 12. Preference for Sealed Bidding over Negotiated Procurements
- Chapter 4. Protest Grounds Based on the Communications Between the Government and Offerors
- Chapter 5. Protest Grounds Based on Pricing Issues
- Chapter 6. Protest Grounds Based on Small Business Issues
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Chapter 7. Protest Grounds Alleging Unfair Government Conduct
- 1. Availability of Solicitations
- 2. Organizational and Consultant Conflicts of Interest
- 3. Offeror’s Responsibility to Obtain Solicitation Documents
- 4. Standards of Conduct: Government Independence and Alleged Bias
- 5. Submission of Proposals: Complying with the Terms of the Solicitation
- 6. Cancellation of a Solicitation
- Chapter 8. Protest Grounds Based on Sealed Bidding Procedures
- Chapter 9. Protest Grounds Based on the Unique Type of Contract or Contracting Procedures
- Chapter 10. Protest Grounds Based on Alleged Statutory Violations (Besides CICA)
- Index of Representative Cases
Product information
- Title: Key Case Law Rules for Government Contract Formation
- Author(s):
- Release date: September 2014
- Publisher(s): Berrett-Koehler Publishers
- ISBN: 9781567264500
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