CONTENTS
Suggestions on How to Use This Book
Part I. The Parties to a Government Contract
1. The Contracting Officer as Judge
Three Simple Rules for Always Being Fair and Reasonable
Being Fair and Reasonable in Awarding a Government Contract
Being Fair and Reasonable in Administering a Government Contract
2. The Contracting Officer as Sheriff
The Contract Solicitation Process
The Contract Administration Process
3. The Contracting Officer as Defendant
Contracting Officer’s Financial Liability to the Government
The Agency’s Financial Liability to the Public
A Contracting Officer’s Liability
4. The Contracting Officer as Plaintiff
The Contracting Officer as Bounty Hunter
5. The Contractor’s Responsibilities
Verifying the Authority of the Contracting Officer or Government Decision Maker
6. Types of Procurement Vehicles
The Goal of Contract Interpretation: Finding the Intent of the Parties
The Two Steps for Interpreting Ambiguous Words
The Rules for Interpreting Ambiguous Contracts
Properly Incorporating Documents into a Contract by Reference
8. Contract Administration Quirks
The Government Intentionally and Unilaterally Changes the Contract by Using the Changes Clause
The Government Inadvertently Changes the Deal: Constructive Changes
Contractor Bound by Apparent Authority
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
9. Federal Litigation: Suing the Federal Government
Any Lawsuit against the Federal Government
The Two Typical Lawsuits Involving Government Contracts
When Can Something Be Protested?
How Is a Claim Raised and Resolved?
The Equal Access to Justice Act