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Eugene Massengale provides a much needed comprehensive review of the basic federal statutes and implementing regulations governing contracting with the United States government, as interpreted by the courts, boards of contract appeals, and the Comptroller General of the United States. His in-depth examination of the relationship between the common law of contracts and federal contracting also considers the underlying constitutional implications of government procurement.
Massengale reviews the principal federal statutes governing contracting with the United States and discusses the authority of government agents to enter into a contract. He reviews the major procurement methods authorized by statute and the case law that has interpreted the regulations prescribing these methods. The author assesses the formality of sealed bidding and the flexibility of negotiation. He discusses the all-important issue of when and what types of changes are permitted under government contracts. He delineates the instances in which a contractor's failure to perform the work contracted for may be excusable and those in which the government may terminate a contract. Other issues considered are the government's right to audit a contractor's records; disputes, claims, and their resolution under the Contract Disputes Act of 1978; and debarment proceedings and the consequences of debarment and suspension. This comprehensive text is a must acquisition for contract administrators in government and industry, lawyers, and contractors doing business with the federal government. It could also be used as a textbook in courses on federal contract law.
List of contents
Common Law and Constitutional Bases of Federal Acquisition
Statutory and Regulatory Bases of Federal Acquisition
Authority of Government Agents
Acquisition by Sealed Bidding
Acquisition by Negotiation
Express Changes
Excusable Delays
Constructive Changes
Termination for Default
Impossibility of Performance
Termination for Convenience of the Government
Inspection and Acceptance
Government Audit Rights
Bid Protests, Disputes, and Extraordinary Relief
Debarment and Suspension
Appendix
Selected Bibliography
Index
About the author
EUGENE W. MASSENGALE has served as a contracts manager in both government and private industry and, more recently, has lectured on the subject of contract law and procurement principles. In addition to writing a number of training courses on federal contracting for government agencies, he has contributed articles to
Worldview,
The Review, and
Military Review.
