Steven Feldman - Feldman and Keyes Government Contracts in a Nutshell, 5th

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JESSE H. CHOPER

Professor of Law and Dean Emeritus,
University of California, Berkeley

JOSHUA DRESSLER

Professor of Law, Michael E. Moritz College of Law,
The Ohio State University

YALE KAMISAR

Professor of Law, University of San Diego
Professor of Law Emeritus, University of Michigan

MARY KAY KANE

Professor of Law, Chancellor and Dean Emeritus,
University of California,
Hastings College of the Law

LARRY D. KRAMER

Dean and Professor of Law, Stanford Law School

JONATHAN R. MACEY

Professor of Law, Yale Law School

ARTHUR R. MILLER

University Professor, New York University
Formerly Bruce Bromley Professor of Law, Harvard University

GRANT S. NELSON

Professor of Law, Pepperdine University
Professor of Law Emeritus, University of California, Los Angeles

A. BENJAMIN SPENCER

Professor of Law,
Washington & Lee University School of Law

JAMES J. WHITE

Professor of Law, University of Michigan

Fifth Edition

By

STEVEN W. FELDMAN

Attorney Advisor,
U.S. Army Engineering and Support Center,
Huntsville, Alabama

W. NOEL KEYES

Emeritus, Pepperdine University
School of Law

Mat #41078903

Thomson Reuters created this publication to provide you with accurate and authoritative information concerning the subject matter covered. However, this publication was not necessarily prepared by persons licensed to practice law in a particular jurisdiction. Thomson Reuters does not render legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.

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ISBN: 9780314268518

I would like to thank two special persons for their support. First and foremost, to my dear wife, Gayla, for her continuing love and encouragement. She was with me every night (and many days) as I worked on this text. I also express my appreciation to my late wife of 25 years, Ann Feldman, who was a wonderful helpmate during our marriage, even in the final stages of her cancer.

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Contracting with the federal government is an important part of American economic life. The United States spends billions of dollars every year on the procurement of supplies, services, and construction. But government contracting also has unique problems and pitfalls. So, while many companies have become successful by concentrating most of their efforts on doing business with the federal government, either as a prime contractor or subcontractor, others have not fared as well.

The Government Contracts Nutshell, Fifth Edition, is intended to highlight the essential elements and principles of government contracting regarding both contract formation and contract administration. It provides the reader with a foundation for understanding how government procurement works in formal and informal ways. Ideally, this treatment will enable students to become familiar with the fundamentals of government contracting in a relatively short time.

As its title indicates, this text is a Nutshell, and not a full analysis of all contracting doctrines and procedures. Thomson Reuters has several multi-volume treatises devoted to this subject. Government contracting is a field filled with laws and regulations and countless significant legal decisions VI and is rife with protests, disputes and litigation. It is also a field in constant flux and has changed in major ways since the publication of the Fourth Edition of this book in 2004. Indeed, almost every chapter has been largely rewritten since the prior edition. Chapter numbering follows the coverage in the applicable part of the Federal Acquisition Regulation, the guidepost of federal executive branch contracting.

Although the Nutshells primary audience is the student of federal government procurement, those with contracting experience should also find it of value. The text has been organized to parallel the events that someone would probably experience as a government contractor or as a government contracting official or other procurement professional. For them, the book will serve as a guide to specific areas with which they may be unfamiliar and as a useful reference in those areas where they are already knowledgeable.

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This text was written by Mr. Feldman in his personal capacity and the views expressed do not represent those of any federal agency.

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This Glossary is designed to serve two purposes. First, it is an abbreviations keya tool for translating the numerous specialized abbreviations and acronyms used throughout the text and footnotes in each chapter of the book. The list focuses on specialized abbreviations used in writing about and citing government contract authorities; it excludes many of the common abbreviations used in citing standard legal authorities. Second, the Glossary defines many of the specialized terms used in the field of government contracts.

AE Architect-engineer

A76 procurements Acquisitions implementing OMB Circular A76, as modified, which implements the Executive Branchs general policy to rely upon private enterprise for commercially available goods and services.

Accelerated procedure Procedure under the Contract Disputes Act whereby an appellant before an agency board of contract appeals can elect, for certain small claims, to have a decision issued on a claim within six months after making the election.

ACO Administrative Contracting Officer (responsible for contract administration).

Acquisition Plan A plan for managing the overall strategy for a proposed acquisition.

ADR Alternative dispute resolution

Administrative change A contract alteration that does not affect the substantive rights of the parties.

Administrative Contracting Officer The contracting officer that administers a particular contract.