PA6649. Government Contract Law COURSE SYLLABUS Academic Year Term 3 January 4 March 6, 2016

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1 etroy College of Arts and Sciences Political Science Department Master of Public Administration Program etroy Government Contract Law COURSE SYLLABUS Academic Year Term 3 January 4 March 6, 2016 For course syllabi posted prior to the beginning of the term, the instructor reserves the right to make minor changes prior to or during the term. The instructor will notify students, via or Blackboard announcement, when changes are made in the requirements and/or grading of the course. etroy Courses at Troy University All etroy courses at Troy University utilize the Blackboard Learning System. In every etroy course, students should read all information presented in the Blackboard course site and should periodically check for updates-at least every 48 hours. Remember: This is not a correspondence course in which a student may work at his/her own pace. Each week there are assignments, online discussions, online activities and/or exams with due dates. Refer to the schedule in this syllabus for more information. INSTRUCTOR INFORMATION Instructor: Harold C. Moeller, J.D., CPCM, CCHP Mailing Address: 13 Blossom Drive Ewing, NJ Contact Phone: (609) x5210 Fax: (609) Troy Address: Electronic Office Hours Moeller Page 1

2 I m available via Troy at any time, or by phone at my office, subject of course to daily job requirements. Call anytime and I will return your call within 24 hours if I am not in my office. I will respond to your within 24 hours. Instructor Profile and Education See resume posted on Blackboard under the Course Materials tab. MPA equad As an active MPA student you have access to the MPA equad located on your etroy Blackboard page under "Organizations." The MPA equad is your immediate access point to information and links for suggested course concentrations, registration, MPA and etroy forms, major program requirements, professional opportunities, MPA program orientation, faculty advising, "live" chat access and much more. Visit the MPA equad 24/7 for the latest program happenings and to review the available resources. Please take approximately 4 minutes to view this video link to find what the MPA equad can do for you: COURSE INFORMATION Prerequisites: There is no specific prerequisite for this course. Course Description: The course focuses on legal aspects of government contracting. Procurement laws and federal acquisition regulations are examined to serve as a basis for development of case methods. The case methods are used in this course to emphasize legal procedures and logic. The course highlights the significance of the legal process for practicing public administrators. Student Learning Objectives: 1. Discuss principal government contracting laws and regulations and the influence of the Federal Acquisition Regulation (FAR) in shaping procurement policy at state and local government levels. 2. Describe socioeconomic objectives the government seeks to advance through contracting. 3. Explain the legal alternatives in a bid protest scenario including the jurisdiction of various forums and the procedures used and remedies available. 4. Discuss the legal bases and forums available to resolve federal contract claims and disputes by the various boards of contract appeals. 5. Identify legal and regulatory constraints on the actions of the contracting officer and ways to recognize and avoid procurement fraud. Moeller Page 2

3 6. Identify key contractual elements of a software license agreement. 7. Describe key elements of the federal and state False Claims Acts and their criminal, civil and administrative remedies. 8. Discuss how to apply key elements of the Contract Disputes Act. 9. Discuss alternative dispute resolution (ADR) programs commonly used in government contracting. 10. Describe available procedures for terminating a contract and recovering monies owed the government. Desired Competency: Students will apply the basic statutes and regulations that define the federal acquisition system as indicative of model procurement and contracting practice; use the legal process available to a government contractor who desires to challenge a government decision; and recognize and avoid situations having legal liability for a contract manager. TEXTBOOK(S) AND/OR OTHER MATERIALS NEEDED Feldman, Stephen W., Government Contract Guidebook, 4 th Ed, (2014) West Publishing Co. (Law Books) ISBN: [Note: Students who have an earlier edition of the Feldman text should contact the instructor before the Term begins to review the suitability of the earlier edition for this class.] The textbook provider for etroy is Barnes and Noble. For instructions on how to access the bookstore, please visit: Students should have their textbook by the first week of class. Not having your textbook is not an acceptable excuse for late work. Students who add this course late should refer to the Late Registration section for further guidance. Required Additional Reading The instructor will post relevant cases, articles and other from time to time during the Term under the Course Materials tab of Blackboard. Recommended Additional Reading or Resources the following a useful reference: Although not required, students often find Feldman, Steven and Keyes, Alfred, Government Contracts in a Nutshell, 5 th Ed. Thomson-West (2011), ISBN: Useful Web Sites for This Course Moeller Page 3

4 See the Web Links section of the Blackboard site. Also, I recommend you find time to familiarize yourself with the following web sites pertinent to the subject matter of this course: National Contract Management Association American Bar Association, Public Contract Law Section Government Accountability Office, Listing of decisions Armed Services Board of Contract Appeals, Listing of decisions COURSE SCHEDULE Begins next page Moeller Page 4

5 SESSION TOPIC ASSIGNMENT Session #1 Challenging the Award Feldman, Chapter 7, Protests Parts I, II & III. January Session #2 January On the Discussion Board: Ask the Instructor Open forum on questions. Student Introductions Post a brief introduction to others in the class. Small Business Preferences Contract Disputes Act and use of Alternative Dispute Resolution practices Review a case posted under Assignments on Blackboard and prepare a two-page (maximum) analysis of the basis for filing the protest. Complete NLT January points possible. Feldman, Chapters 8 and 21. Socioeconomic Requirements Parts I and II. The Disputes Process Grab the required form and submit your proctor information to etroy. Submit answers to Reading Quiz 5Quiz 5 points possible. Session #3 January Session #4 January Cost Accounting Standards Government Audit Rights Software Licenses as Contracts Contract Financing Corruption Civil Fraud Enforcement On the Discussion Board: Costs to the relator of qui tam actions. Feldman, Chapters 9. Costs Classen, Software Licensing, Excerpt posted on Blackboard - Course Materials. Submit answers to Reading Quiz. 5 points possible. Feldman, Chapter 10 & 12. Submit answers to Reading Quiz. 5 points possible. Moeller Page 5

6 Session #5 February 1-7. Session #6 February Session #7 February Session #8 February Mid-term Exam. Covers all previous assignments. Subcontractor Disputes and Remedies Government Control of Subcontractors Flow-down Contract Clauses Authority to Issue Changes Contractor s Duty to Proceed Value Engineering Compensable Delays Excusable Delays Basis for Termination Government Remedies Constructive Termination for Convenience On the Discussion Board: Settling the termination for convenience. This proctored exam will include multiple-choice, fill-in, and short essay questions. 15 points possible. Feldman, Chapters 25 & 26. Subcontract Basics Subcontract Terms and Conditions Submit answers to Reading Quiz. 5 points possible. Feldman, Chapters 15 & 16. Changes Delays Review sample contract paragraphs supplied by the instructor and provide a critique of them for meeting best practices. Your analysis will be in a memo, three pages maximum. 25 points possible. Feldman, Chapters 19 & 20. Termination for Default Termination for Convenience Submit answers to Reading Quiz. 5 points possible. Moeller Page 6

7 Session #9 February 29 March 6. Final Exam This open book exam will be available for students to download by 6:00 a.m. Monday, February 29, The exam, consisting of three essay questions, with sub-parts, involving case analysis must be completed within any three hour single sitting, so long as it is uploaded no later than 11:59 p.m. Saturday, March 5, points possible. Examination Schedule & Instructions See the schedule above for the dates and types of questions in the exams for this course. Exams will be available for a specific time period as indicated above and their completion will be timed. Points will be deducted if the student overruns the time limit for the exams. The exams will be delivered online under the Assessments tab of Blackboard. This course requires one proctored exam. The mid-term in this course is a proctored, closed book exam, which will be administered during Session #5. See specific dates in the course schedule above. You are responsible for choosing an acceptable proctor and submitting the online proctor form to etroy by the required deadline. Instructions for doing so may be found at under the Proctor Info area in Blackboard. The proctor form will be available during the second week of the class, and you should start preparing to select your proctor immediately. All questions about the proctor form or proctor options should be directed to etroy. The final exam will be open book, not proctored and consist of three questions, with sub-parts, covering the entire Term. The exam questions will be delivered online via Blackboard in the Assessments section and available during the period specified in the Course Schedule. Students will be expected to download the questions, complete their answers and upload the answers within a three hour period. Assessment Matrix This table shows how each Student Learning Outcome is assessed by including the module of instruction, the specific course content, the learning strategy, and the assessment mechanism. Student Learning Outcome Module Content Learning Strategy Assessment Moeller Page 7

8 1 Discuss principal government contracting laws and regulations and influence of the Federal Acquisition Regulation (FAR) in shaping procurement policy at state and local government levels. 2 Describe socioeconomic objectives the government seeks to advance through contracting. 3 Explain the legal alternatives in a bid protest scenario including the jurisdiction of various forums and the procedures used and remedies available. 4 Discuss the legal bases and forums available to resolve federal contract claims and disputes by the various boards of contract appeals. 5 Identify legal and regulatory constraints on the actions of the contracting officer and ways to recognize and avoid procurement fraud. 6 Identify key contractual elements of a software license agreement. 7 Describe key elements of the federal and state False Claims Acts and their criminal, civil and administrative remedies. 8 Discuss how to apply key elements of the Contract Disputes Act. Sessions 1 & 2 Session 2 Session 1 Session 2 Session 4 Session 3 Session 4 Sessions 2 & 7 Case review and and Case review 9 Discuss alternative dispute resolution (ADR) programs commonly used in government contracting. Session 2 Moeller Page 8

9 10 Describe available procedures for terminating a contract and recovering monies owed the government. Sessions 7 & 8 Case review Moeller Page 9

10 METHOD OF EVALUATION AND ASSIGNMENT OF GRADES Assignment Values Percent of Final Grade Maximum points Initial Case Review (Session #1) 05% 05 Responses to reading quizzes (5 Sessions) 25% 25 Mid-term exam (Session #5) 15% 15 Analysis of contract paragraphs #7) (Session 25% 25 Final exam (Session #9) 30% 30 Total 100% 100 Assignment of Grades Grade Level Percentage A B C D F 59 and under FA FA indicates the student failed due to attendance. This grade is given to any student who disappears from the course for three or more weeks. See the Attendance section of this syllabus for additional information. Moeller Page 10

11 COURSE POLICIES Submitting Assignments Assignments are due for each session no later than (NLT) 11:59 p.m. on the last day of each of the sessions in the schedule above. One point is deducted for each day that any assignment is late. Please submit each completed assignment under the Assignments tab, following the instructions How to submit your assignments guide. Other Course Information The instructor will post relevant cases and other from time to time during the Term under the Course Materials tab of Blackboard. Other Course Requirements N/A etroy Policies and Procedures Click on the Syllabus tab at the Blackboard site that supports this course for the link to the following important etroy Policies and Procedures: Method of Instruction Student/Faculty Interaction Expectations Internet Access Requirements Technology Requirements Technical Support Center Troy Textbooks(s) and/or Other Materials Needed Library Support Honesty and Plagiarism Policy Late Registration Attendance Policy Make-Up Work Policy Incomplete Grade Policy Non-Harassment Policy Adaptive Needs (ADA) Policy Faculty Evaluation etroy Contact Information Moeller Page 11

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