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Record Nr. |
UNINA9910787437403321 |
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Autore |
Butler Patrick (Lawyer) |
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Titolo |
Key case law rules for government contract formation / / Patrick Butler, Lieutenant Colonel |
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Pubbl/distr/stampa |
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Vienna, Virginia : , : Management Concepts, , 2014 |
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©2014 |
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ISBN |
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1-5230-9696-9 |
1-56726-450-6 |
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Edizione |
[1st edition] |
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Descrizione fisica |
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1 online resource (304 p.) |
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Disciplina |
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Soggetti |
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Government purchasing - Law and legislation - United States |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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Title Page; Copyright; About the Author; Dedication; 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; 1. Lack of Advance Planning; 2. Improper or Unsupported Use of an Exception to Competition; A. Exception 1: Only One Responsible Source; B. Exception 2: Unusual and Compelling Urgency; C. Exception 3: Industrial Mobilization; D. Exception 4: International Agreement |
E. Exception 5: Authorized or Required by StatuteF. Exception 6: National Security; G. Exception 7: Public Interest; 3. Contract Was Modified Beyond the Scope; 4. Reprocurement Contract Did Not Seek Competition; Chapter 2. Protest Grounds Based on the Government's Description of the Requirement; 1. Ambiguities in the Solicitation: Patent and Latent; 2. Improper Use of "Brand Name or Equal" Descriptions; 3. Defective or Inadequate Specifications; 4. Unduly Restrictive Specifications; 5. Changed Requirements and Solicitation Amendments |
Chapter 3. Protest Grounds Challenging the Government's Exercise of Discretion or the Government's Conduct of the Competition1. Agency's Commercial Item Determination; 2. Responsibility Determinations; 3. Negotiated Procurements: Tradeoff Process; 4. Competitive Range; 5. |
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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 TeamsD. 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 Offerors1. Clarifications; 2. Discussions; Chapter 5. Protest Grounds Based on Pricing Issues; 1. Buying-in or Below-Cost Prices; 2. Price or Cost Evaluation; 3. Price Reasonableness and Price Realism; Chapter 6. Protest Grounds Based on Small Business Issues; 1. Bundling and Consolidation; 2. Limitations on Subcontracting; 3. HUBZone Contracting Procedures; 4. Certificate of Competency; 5. SBA's 8(a) Program; 6. Small Business Set-Aside Decision; 7. Small Business Status Determination |
Chapter 7. Protest Grounds Alleging Unfair Government Conduct |
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Sommario/riassunto |
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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 |
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