Government Contract Law

The Federal Government is the largest buyer of goods and services in the world. The statutes, regulations and case law that define the requirements governing the government's expenditure of over $750 billion every year are the subject of this seminar. While grounded in traditional contract concepts and principles, these concepts and principles are modified to satisfy unique congressionally-mandated requirements for selling to the Government. These include: (a) The unique procedures used to award Government contracts; (b) Special requirements for the procurement of "commercial items:" (c) Unusual Government contract administration rights (e.g., the Government’s unilateral right to terminate a contract for its own "convenience," or to change the specified deliverables); (d) The contract claims and dispute resolution process, including the different forums and procedures involved when litigating Government contract claims; (e) Important ethical obligations applicable to Government contractors; (f) How the Government facilitates socio-economic goals (e.g., small business, and other contract preferences) through the use of special clauses; and (g) The intersection of Government contracting obligations and the unique remedies available to the Government in fighting fraud. Government contract practitioners—whether they work for a law firm, a Government agency or a company selling to the Government—need to be familiar with all of the above, but each will then focus on the requirements that are most important to their respective clients. The course serves as an introduction to this body of law, which can be described as a blend of traditional contract law, administrative law and litigation practice. Guest speakers from private practice, the Government and the judiciary provide different perspectives on the issues.