Government Contract Law Final Exam

Find the objective intent of parties

Intent that manifests itself to third parties

What person intends in their own mind

Keep parties from playing games and attempting to manipulate the effect of the contract

The words- Start with the contract

There is no clear interpretation

Trade practices, Prior course of dealings

If the words are clear and unambiguous find plain meaning of word, skip step 2

If words are unclear and ambiguous, resolve by applying new set of rules

2 or more reasonable interpretations of the words, ambiguity is latent or hidden, contractor did not know governments interpretation was different than contractors interpretation

1. Contract specifications were drawn by the government 2. Language used has more than one reasonable interpretation 3. Intentions of the parties does not appear in the contract 4. Contractor reasonably relied upon one of these reasonable interpretations

Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order, 1. The schedule 2. Representations 3, Contract Clauses 4. Other documents, exhibits & attachments 5. Specifications

Only if there is ambiguity needing to be clarified

When document is integrated, party to that integrated contract cannot use inconsistent extrinsic evidence to contradict the langiage

Branch of government presiding, jurisdiction, which law to use, type of releif available to plaintiffs

Unconstitutional act, agency doing something illegal, something goes wrong with government contract

Many cases are filed in a federal district court, diversity of federal question jurisdiction, federal law unless exemption exisits, any kind of releif avaiable except in procurement cases

Protests, Claims

Court of Federal Claims, GAO, Agency

T

T

F

Primary releif is injunction against performance of the subject contract and declaratory judgement is that the government made a mistake

Protestor must show that it was somehow harmed by the governments action or inaction

Protestor must show that it had more than an insubstantial chance at winning the contract

Cheaper, No need for lawyer, less formal

GAO precedent (case law), federal law, state law as last resort (rare)

Unsuccessful bidders

Contractors who won a contract but want more under that contract

GAO, COFC, Agency

Any part of the solicitation process

Whether the procurement officials decision lacked a rational basis

Was reasonable, consistent with criteria, complied with laws and regulations, adequately documented

Reasonableness of decision, did procurement official used stated eval factors laws and regulations, and adequately documented the decision

C.O's final decision must be written, describes claim or dispute, statement of facts to include those disputed facts, statement of decision with supporting rationale.

Within 6 years of its acruel

Within 90 of date when contractor received the decision

Within 1 year of date when the contractor received its decision