Week 1 Discussion 1
“Federal Acquisition Regulation (FAR)” Please respond to the following:
From the e-Activity, explain how each of the following
legislative enactments is a foundation for government contract law and the
federal acquisition process. Then discuss how knowledge of one of the Acts can
help a manager make better decisions.
Armed Services Procurement Act of 1947 (ASPA), codified at
10 U.S.C. §§ 2301-2314
Federal Property and Administrative Services Act of 1949
(FPASA), codified in U.S.C. §§ 251-260
Competition in Contracting Act (CICA), codified in 41 U.S.C.
253
Discuss the key factors in each Act that demonstrates that
the Acts are foundational components of government contract law and the federal
acquisition process. Provide an example or scenario of each to support your
response.
Week 1 Discussion 2
“The Role of the Contracting Officer” Please respond to the following:
Take a position as to whether or not the role of a
contracting officer, with the federal government, can be compared to a
principal-agent relationship. Support your position.
Argue whether or not a government contracting officer should
be held to the standards articulated by the Sarbanes–Oxley Act of 2002 (Pub.L.
107-204, 116 Stat. 745, enacted July 30, 2002). Support your position. As a
manager, determine the best way to communicate the SOX Act adherence to a
government contractor you would work with.
Week 2 Discussion 1
“Eliminating Wasteful Spending” Please respond to the following:
From the e-Activity, assess the importance of each of the
following factors in the effort to minimize wasteful spending in government
contracting. Then select one and determine what managerial and / or
organizational factor(s) would impede successful adoption of the change in
operation and how you would mitigate it.
Organizational leadership
Policies and processes
Human capital
Information management
From Part 1 of this discussion, select which of these
factors is the most important, and which is the least important. Provide a
rationale for your selection. Compare and contrast the two factors you selected
with regard to the effort to minimize wasteful spending in government
contracting.
Week 2 Discussion 2
“The Discretionary Function” Please respond to the following:
Explain the discretionary function of a contracting officer
and justify the associated immunity. Take a position on whether this concept
should still be valued given the current government spending that has occurred
in recent years. Support your position.
Analyze how government spending practices directly or
indirectly affect the concept of discretionary function. Support your analysis
Week 3 Discussion 1
“Electronic Commerce” Please respond to the following:
As electronic commerce has grown, the inevitable fallout
from failed transactions and business relationships has resulted in a
developing body of case law. Assess the practicality of using electronic
commerce by federal agencies. Then identify a barrier that exists at within
federal agencies that is not presented in free enterprise and discuss how this
difference affects management. Support your answer.
Speculate on whether the government should be wary in
relying on electronic commerce. Explain why or why not. Then present an
argument that address how the concerns of e-commerce are paired against those
of a corporation.
Week 3 Discussion 2
“Whistleblower Protections” Please respond to the following:
From the e-Activity, analyze the degree and form of
protection a “whistleblower” can expect to receive after disclosing information
to a member of Congress or an authorized official of an agency. Note: This
refers to a situation where a substantial violation of law relating to
contracts (including competition for negotiation of a contract) is suspected.
Consider yourself to be the whistleblower and explain the factors you would
weigh in your decision to take action.
Take a position on whether the concerns about whistleblower
protections is a factor that inhibits one’s decision to come forward about a
substantial violation of law relating to contracts (including competition for
negotiation of a contract). Suggest at least one alternative that could
alleviate such concerns.
Week 4 Discussion 1
“Competitive Bidding and Long-Term Cost
Savings” Please respond to the
following:
From the e-Activity, take a position on whether competitive
bidding provides long-term cost savings when Medicare patients are being
limited to the use of the lowest bidders for durable medical equipment. Support
your position.
Elaborate on whether or not competitive bidding will remain
a viable alternative when the Patient Protection and Affordable Care Act is
fully implemented in 2014. Support your position. Discuss defining factors
regarding the competitive bidding process and its survival or failure in the
healthcare arena if Universal Health Care is implemented in 2014.
Week 4 Discussion 2
“The Two-Step Process for Contract
Interpretation” Please respond to
the following:
Analyze the benefit and the effectiveness of the two-step
process for contract interpretation.
Provide an example to support your analysis. Then, recommend another
step to the process and discuss how this additional process improves the
interpretation process.
Analyze how the two-step process for contract interpretation
enhances the government contracting process. Provide an example to support your
analysis. Then, recommend another step to the process and discuss how this
additional process improves the government contracting process
Week 5 Discussion 1
“Outsourcing and In-House Operations” Please respond to the following:
Discuss what you would consider to be an inherently
governmental function in the context of government contracting. Explain why
there would be a preference as to outsourcing and in-house operations in the
areas of materials acquisition planning, resource allocation planning, and
materials flow control.
Outsourcing and in-house operations are interactive elements
of materials acquisition planning, resource allocation planning, and materials
flow control. Argue whether or not inherently government functions should be
outsourced. Support your argument with example(s). Then, offer an alternative
based on your position.
Week 5 Discussion 2
“Market Research”
Please respond to the following:
Take a position on whether a government agency should be
allowed extensive leeway in determining the methodology used to develop a
market research plan in the acquisition and distribution of supplies and
services. Provide a specific example of government spending that would support
your position.
Analyze the importance and explain the value of a market
research plan in the acquisition and distribution of supplies and services.
Support your position with examples. Explain which aspect of the market
research plan is likely to be the most valuable for those seeking to acquire a
company.
Week 6 Discussion 1
“Cost-Reimbursement Contracts” Please respond to the following:
Under FAR Subpart 16.3, Cost Reimbursement Contracts are
defined as a type of contract that permits payment of allowable incurred costs,
to the extent prescribed in the contract. From the e-Activity, defend or refute
the reasonableness in the use of this type of contract by government agencies.
Based on your position, recommend a revision that would make use of the
contract more reasonable.
Take a position on whether cost reimbursement contracts are
necessary in government contracting to the extent they provide a means not
available in other contract forms. Discuss under what circumstances you would consider
the use of cost reimbursement contracts. Include an example to support your
position.
Week 6 Discussion 2
“Letter Contracts”
Please respond to the following:
Give your opinion on whether or not letter contracts should
be considered valid in government contracting. Support your position.
Assess what types of contracts are acceptable in government
contracting. Compare and contrast the various types and provide three examples
that demonstrate their necessity and use.
Week 7 Discussion 1
“Price Analysis versus Cost Analysis” Please respond to the following:
Compare and contrast price analysis versus cost analysis,
explain how they differ, and describe when it is appropriate to use price
analysis versus cost analysis. Select one of the two methods and determine
under what condition(s) it would not be appropriate for use. If you believe
that the methods apply to any circumstance, justify your response.
Explain the importance of these two types of analysis in the
context of government contracts. Provide an example of how each is clearly
used.
Week 7 Discussion 2
“Award Fee Contracts” Please respond to the following:
From the e-Activity, discuss whether or not the agencies
mentioned took any actions that reflected the suggestions provided by the
Office of Management and Budget. If you think actions were taken, state what
actions were taken and explain why those actions were taken. If you think no
actions were taken, analyze why no action was taken and whether action should
have been taken under the circumstances. Justify your response.
Discuss whether contractors provide better work with an
award fee. Include in your discussion on whether or not they are incentivized
by the better profit potential of an award-fee contract. Support your position
with an example.
Week 8 Discussion 1
“Excusable Delays”
Please respond to the following:
From the first e-Activity, identify the remedies of
excusable delay. Analyze which remedies are appropriate and effective and which
remedies are not. Justify your analysis. Then, select an ineffective remedy and
make a recommendation to mitigate the associated issue(s).
From the first e-Activity, give your opinion as to whether
any of the four transportation construction projects in the table would be able
to legitimately rely on “excusable delay.” Explain the key reason why reliance
on excusable delay in these cases would or should be considered legitimate
Week 8 Discussion 2
“Deepwater Program” Please respond to the following:
From the second and third e-Activities, analyze whether the
Coast Guard’s management and execution of the program was a cause or a symptom
of the cost overruns and resulting delays of the Deepwater program. Support
your position.
Identify and discuss the key factors that contributed to the
cost overruns in the situation in Part 1 of this discussion. Suggest the
strategies you would employ to avoid such cost overruns. Support your
suggestion.
Week 9 Discussion 1
“Contract Modifications” Please respond to the following:
Give your opinion as to whether the procedures in government
contracting provide a foolproof method of ensuring that all parties receive
adequate notice of changes to a contract. Explain whether the contract
modification methods available are effective in providing notice to all parties
of a contract change.
Suggest alternative procedures that would be necessary and
effective in providing notice of a contract change to all parties. Provide a
rationale to support your suggestion.
Week 9 Discussion 2
“Bilateral versus Unilateral Changes” Please respond to the following:
Imagine you are administering a construction contract. The
contracting officer informs you that there is a conflict over the
interpretation of one of the architectural drawings / elements as displayed in
the contract drawings. The contracting officer relates that no further work can
be performed on the contract until the dispute is resolved. As the contract
administrator, determine which modification type (bilateral or unilateral)
should be used to suspend work until the dispute is resolved and explain why.
Compare and contrast bilateral modification and unilateral
modification. Provide an example or scenario of each that clearly demonstrates
how each modification type is used.
Week 10 Discussion 1
“Protests, Disputes, and Appeals” Please respond to the following:
From the first e-Activity, outline the requirements for the
Court of Federal Claims to hear a complaint. Analyze why each element of the
requirements is an independently critical component of a successful claim.
Evaluate the requirements for the Court of Federal Claims to
hear a complaint and give your opinion on which requirements are justified,
which are not, and which additional requirements would be advisable. Explain
what, in your opinion, makes these requirements justifiable or not justifiable
Week 10 Discussion 2
“Contract Termination Liability Risk” Please respond to the following:
From the second e-Activity, evaluate the recommendations the
GAO makes to reinforce consistency in contract termination practices in terms
of the recommendations’ effectiveness. Determine which recommendations will
work best if properly implemented. Support your response.
Propose at least one alternative recommendation to reinforce
consistency in contract termination practices. Provide a rationale for your
recommendation.
Week 11 Discussion 1
“Looking Back”
Please respond to the following:
Considering everything you have learned in this course,
discuss the single most surprising or interesting lesson learned. Explain what
made it so.
Summarize everything you have learned in this course in 140
characters or less (something you could post on Twitter).
Week 11 Discussion 2
“Looking Ahead”
Please respond to the following:
Identify the most important lesson learned and discuss how
you will apply that lesson to your current (or future) legal career. Provide
specific examples to support your response.
Reflect on what you have learned in this class and discuss
how someone not involved in contract law could leverage the lessons learned in
this class. Provide specific examples to support your response.
Assignment 1: Code of Conduct Assessment
Due Week 3 and worth 150 points
Refer the following resources to complete this assignment:
Note: The assignments are a series of papers that build upon
one another.
Raytheon’s code of conduct
(http://www.raytheon.com/responsibility/rtnwcm/groups/public/documents/content/rtn_ethics-code.pdf)
Examples of Procurement Fraud
(http://cporising.com/2012/08/03/examples-of-procurement-fraud/)
The recent emphasis on ethics in government contracting
requires contractors to avoid any conduct that even appears to be unethical.
Imagine you are a former contracting officer (CO) turned contractor (you choose
your area of expertise) and you just created a new contracting firm.
Write a four to five (4-5) page paper in which you:
Provide an explanation of the specific goods and / or
services the new contracting firm will provide.
Evaluate the Raytheon Code of Ethics as to whether it is
effective in avoiding any conduct that even appears to be unethical in the type
of organization you selected for your product.
Determine the three (3) most critical clauses in the
Raytheon document that aid the company’s avoidance of the appearance of
impropriety.
Determine two (2) additional ethics provision that you would
include in your company’s Code of Conduct document based on Raytheon Code of
Ethics. Explain the rationale for the inclusion.
Analyze how your recommended clause sufficiently closes the
gap on one (1) potential major ethical breach in the industry to which your
product belongs. Note: Be sure to address any areas of concern regarding
potential fraud in the contracting process.
Use at least three (3) quality resources in this assignment.
Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size
12), with one-inch margins on all sides; citations and references must follow
APA or school-specific format. Check with your professor for any additional
instructions.
Include a cover page containing the title of the assignment,
the student’s name, the professor’s name, the course title, and the date. The
cover page and the reference page are not included in the required assignment
page length.
The specific course learning outcomes associated with this
assignment are:
Identify and apply the appropriate Federal Acquisition
Regulation (FAR) clauses to meet compliance in contract formulation and award.
Analyze Government Accountability Office reports / decisions
to identify FAR compliance issues and contributing factors.
Analyze the planned actions in soliciting and awarding
contracts and make recommendations to ensure the government agency is in
compliance with the FAR requirements.
Develop effective ethical guidelines that minimize the risks
and consequences of unethical contracting practices and ensure compliance with
federal guidelines on fraud, fair contracting, and contract-related public
policies.
Use technology and information resources to research issues
in government contract law.
Write clearly and concisely about government contract law
using proper writing mechanics
Assignment 2: Draft Request for Proposal (RFP)
Due Week 4 and worth 150 points
Note: The assignments are a series of papers that build upon
one another.
Imagine your agency is ready to solicit bids for a new
project. You are tasked with drafting a Request for Proposal (RFP) that will
appeal to the new contracting firm you outlined in Assignment 1. Note: You may
create and / or assume all necessary assumptions needed for the completion of
this assignment. You must review the following law before you draft the RFP:
Federal Acquisition Regulation (FAR) § 15.303 (source
selection);
FAR §§ 15.203, 15.204, 15.205, 15.206, 15.209, and 15.304
(preparing and issuing requests for proposals and amendments thereto);
FAR §§ 15.207 and 15.208 (submitting, receiving, handling,
modifying, and revising proposals).
Write a five to seven (5-7) page RFP Sections paper in which
you:
Apply the appropriate FAR clauses to meet compliance in
contract formulation and award.
Incorporate your knowledge of Government Accountability
Office reports / decisions to identify FAR compliance issues and contributing
factors.
Include ethical guidelines that minimize the risks and
consequences of unethical contracting practices and ensure compliance with
federal guidelines on fraud, fair contracting, and contract-related public
policies.
Suggest planned actions in soliciting and awarding contracts
and ensuring that the government agency is in compliance with the FAR
requirements.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size
12), with one-inch margins on all sides; citations and references must follow
APA or school-specific format. Check with your professor for any additional
instructions.
Include a cover page containing the title of the assignment,
the student’s name, the professor’s name, the course title, and the date. The
cover page and the reference page are not included in the required assignment
page length.
The specific course learning outcomes associated with this
assignment are:
Identify and apply the appropriate Federal Acquisition
Regulation (FAR) clauses to meet compliance in contract formulation and award.
Analyze Government Accountability Office reports / decisions
to identify FAR compliance issues and contributing factors.
Analyze the planned actions in soliciting and awarding
contracts and make recommendations to ensure the government agency is in
compliance with the FAR requirements.
Develop effective ethical guidelines that minimize the risks
and consequences of unethical contracting practices and ensure compliance with
federal guidelines on fraud, fair contracting, and contract-related public
policies.
Use technology and information resources to research issues
in government contract law.
Write clearly and concisely about government contract law
using proper writing mechanics.
Assignment 3: Draft Compliance Matrix and Compliant Proposal
to RFP
Due Week 6 and worth 200 points
Note: The assignments are a series of papers that build upon
one another.
Refer to the following resources to complete this
assignment:
FAR § 15.2 (Solicitation and Receipt of Proposals and
Information)
(https://www.acquisition.gov/far/current/html/Subpart%2015_2.html)
As the Contract Officer (CO) of your newly formed company,
you will create a compliance matrix, and then draft a proposal in response to
the RFP from Assignment 2.
Write a five to seven (5-7) page Compliance Matrix and
Compliant Proposal to your RFP paper in which you:
Create a compliance matrix and prepare a FAR-compliant
proposal in response to the RFP from Assignment 2. Note: You may create and /or
assume all necessary assumptions needed for the completion of this assignment.
Apply the appropriate FAR clauses in order to meet
compliance in contract formulation and award.
Apply the knowledge gained from your analysis of Government
Accountability Office reports / decisions to identify and account for FAR
compliance issues and contributing factors.
Apply the knowledge of planned actions in soliciting and
awarding contracts and make recommendations to ensure the government agency is
in compliance with the FAR requirements.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size
12), with one-inch margins on all sides; citations and references must follow
APA or school-specific format. Check with your professor for any additional
instructions.
Include a cover page containing the title of the assignment,
the student’s name, the professor’s name, the course title, and the date. The
cover page and the reference page are not included in the required assignment
page length.
The specific course learning outcomes associated with this
assignment are:
Identify and apply the appropriate Federal Acquisition
Regulation (FAR) clauses to meet compliance in contract formulation and award.
Analyze Government Accountability Office reports / decisions
to identify FAR compliance issues and contributing factors.
Analyze the planned actions in soliciting and awarding
contracts and make recommendations to ensure the government agency is in
compliance with the FAR requirements.
Given a contract disputes situation, evaluate the various
options and select the appropriate administrative and judicial processes
available to resolve the dispute.
Use technology and information resources to research issues
in government contract law.
Write clearly and concisely about government contract law
using proper writing mechanics.
Assignment 4: Contract Change Evaluation
Due Week 8 and worth 150 points
Note: The assignments are a series of papers that build upon
one another.
Refer the following resources to complete this assignment:
FAR § 43.2—Change Orders
(https://www.acquisition.gov/far/current/html/Subpart%2043_2.html)
FAR § 33.2—Disputes and Appeals
(https://www.acquisition.gov/far/html/Subpart%2033_2.html)
Good news! You have been awarded the contract, but there has
already been a change made to the contract that needs to be addressed. Note:
You create the change based on the scenario you have developed. Additionally,
the change has resulted in a dispute.
Write a three to four (3-4) page paper in which you:
Select the appropriate administrative process to effect the
change and explain your selection in the context of its appropriateness for the
situation.
Select the administrative and judicial process that will
bring the dispute to a resolution and allow the contract to go forward.
Analyze the planned actions in soliciting and awarding
contracts and make recommendations to ensure the government agency in question
is in compliance with the FAR requirements.
Identify common compliance issues and develop
recommendations to manage them throughout financing, administration, and
closeout of contracts.
Use at least three (3) quality resources in this assignment.
Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size
12), with one-inch margins on all sides; citations and references must follow
APA or school-specific format. Check with your professor for any additional
instructions.
Include a cover page containing the title of the assignment,
the student’s name, the professor’s name, the course title, and the date. The
cover page and the reference page are not included in the required assignment
page length.
The specific course learning outcomes associated with this
assignment are:
Analyze the planned actions in soliciting and awarding
contracts and make recommendations to ensure the government agency is in
compliance with the FAR requirements.
Given a contract disputes situation, evaluate the various
options and select the appropriate administrative and judicial processes
available to resolve the dispute.
Develop recommendations to manage the common compliance
issues throughout financing, administration, and closeout of contracts.
Given a contract change situation, evaluate the various
options and select the appropriate administrative processes to effect the
change.
Use technology and information resources to research issues
in government contract law.
Write clearly and concisely about government contract law
using proper writing mechanics.
Assignment 5: Recommendations to Manage Common Compliance
Issues
Due Week 10 and worth 150 points
Note: The assignments are a series of papers that build upon
one another.
Refer the following resources to complete this assignment:
A guide to best practices for contract administration
(http://www.acquisition.gov/bestpractices/bestpcont.html)
As the Contract Officer, you know it is time to assemble a
team to manage compliance of the contract. Create a PowerPoint presentation
based on the scenario you created to bring the team you have assembled
up-to-date on what has occurred thus far.
Prepare a twelve to twenty (12-20) slide PowerPoint
presentation with speaker notes in which you:
Analyze the importance of roles and responsibilities of
contracting officers and administrators.
Identify the various options of administrative and judicial
processes available and select the appropriate process to resolve the dispute.
Analyze the importance of improving methods of creating
contract schedules and using a compliance matrix in government contract
situations.
Present ideas for brainstorming with your team in order to
develop a policy that explains the role the Contract Officer should have played
in the dealings between the government and the contractor, from the time the
contract was awarded through completion of the work.
Recommend three (3) best practices (one [1] from each
section presented on Contracting Officer’s Technical Representative [COTR],
voucher processing, and contract closeout) that will lend insight into ensuring
that the contracting process moves smoothly through financing, administration,
and closeout of the contract.
Use at least three (3) quality resources in this assignment.
Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size
12), with one-inch margins on all sides; citations and references must follow
APA or school-specific format. Check with your professor for any additional
instructions.
Include a cover page containing the title of the assignment,
the student’s name, the professor’s name, the course title, and the date. The
cover page and the reference page are not included in the required assignment
page length.
The specific course learning outcomes associated with this
assignment are:
Given a contract disputes situation, evaluate the various
options and select the appropriate administrative and judicial processes
available to resolve the dispute.
Develop recommendations to manage the common compliance
issues throughout financing, administration, and closeout of contracts.
Given a contract change situation, evaluate the various
options and select the appropriate administrative processes to effect the
change.
Use technology and information resources to research issues
in government contract law.
Write clearly and concisely about government contract law
using proper writing mechanics.
