MGT 5231 IE (DL) – Government Contract Law    (CRN 26088)

 

Professors’ Names

 

James N. Altiere, III 

 

Professors’ Phones

Professors’ E-mails

 

 

757-469-1979

jaltiereiii@fit.edu

 

 

Description

 

 

MGT 5231 Government Contract Law (3 credits).  Focuses on the method rather than the material. Uses the case method of study and basic source material to cover all facets of procurement law.  Emphasizes legal methods, logic, and the developmental concepts of procurement law.

 

 

Course Objectives

 

 

1. Discuss the basic concepts of government procurement law;

 

2.  Compare and contrast Government Contract Law from Common Law and the Uniform Commercial Code;

3. Describe the framework in which contracts are negotiated, executed, implement and monitored; and

4. Explain the consequences of failing to comply with the statutes and regulations.

 

 

Textbook (Required)

 

Government Contract Law in the Twenty-First Century, Charles Tiefer and William A. Shook, Carolina Academic Press, 2012, (ISBN:  978-1-59460-804-9).  There is also a 2017 Supplement.  Please order your book as soon as possible.  Given the 2017 Supplement the case briefs and readings are subject to change.

 

 

Course Grade Scale

 

 

Your grade in this course will be based on your demonstrated competence on case briefs, discussion questions and exams. While the final examination will be comprehensive a majority of its content will be based on the material covered after the midterm term.  The final examination will not be a proctored exam.  The proportional contribution of each will be:

 

Item

Percentage of Grade

Case Briefs

25%

Discussion Questions

15%

Midterm Exam

25%

Final Examination

35%

 

The grading scale for this class is 90-100 A, 80-89 B, 70-79 C, 60-69 D and below 60 is an F. 

 

Note: Late assignments may receive a reduced score as a result of the late submission.  The later the submission the more points that are subject to deduction.  Assignments must be submitted within two weeks of the due date in order to receive partial credit.  If there is a problem with submitting an assignment please contact me as soon as the issue arises. 

 

Special Instructions

 

Discussion Questions – Each week I will post discussion questions in CANVAS for you to submit your comments.  For the discussion question, I expect each student to give me their unique answer to the question presented.  Each student should attempt to provide an answer that is different from those submitted by other students.  Please limit your comments to one issue per question and do not “shotgun” (give every possible answer that might be applicable) the answer.  Students should also comment on the submissions of other students. 

 

Case Briefs – You have been assigned a case or two to brief each week.  When preparing your brief, in separate paragraphs, provide a brief summary of the facts, the issue being decided, the applicable rule (law, statute, or regulation being applied), a description of the application of the rule and finally the conclusion of the case.  Case briefs are to be uploaded into CANVAS and your Discussion Question responses are to be posted by 11:59 pm Sunday of the week assigned.

 

Chat

 

 

 

There is a voluntary chat scheduled for 8:00 pm EST, Tuesday, January 8, 2019.  The purpose of the chat is to go over briefing cases. 

 

A second voluntary chat is tentatively scheduled for Wednesday, January 16, 2019 to discuss case briefs and any other topic students would like to discuss. 

 

The chat room should open about 10 minutes before the scheduled chat.  If you are not able to attend the chat you can review the transcript of the chat at your convenience and call me at 757-469-1979 or email me if you have questions.

 

 

 


Readings and Assignments

 

Week 1

January 7  

     

 

Chapter 1 – Government Contracting Doctrines

 

Read Chapter 1 (pages 1 – 44) 

 

Brief – Brief – Donald C. Winter, Secretary of the Navy v. Cath-dr/Balti Joint Venture page 31.

 

Introduction to case briefing

 

I plan on holding a voluntary chat session on Tuesday, January 8, 2019 at 8:00 pm, EST to discuss how to brief a case.  Please note the time is subject to change depending on where students are located as the time may be too early for students living on the west coast.  Please send an email through CANVAS if the time conflicts with your schedule.  If you are not able to attend the chat session, you can review the transcript at a later date.

 

If possible, please read Mil-Spec Contractors, Inc. v. United States, on pages 21 to 25 of the textbook by January 8, 2019.  Also review the material on the class site for additional information regarding briefing a case.  I would also encourage you to try briefing Mil-Spec prior to the chat session.  I will not be collecting it but it will let you know if you are headed in the right direction and where you may need to ask questions during the chat session.  

 

If you have any questions after reading the material on the website and attending the chat session, please email or call me.

 

Finally, if you haven’t already done so please prepare a short introductory description of yourself for the class and post it to the discussion area.

 

Week 2

January 14  

 

 

Chapter 2 – Sealed Bids and Competitive Proposals

 

Read Chapter 2

 

Reply to the discussion question(s) for the week.

 

Brief – McClure Electrical Constructors, Inc. v. John H. Dalton, Sec. of the Navy on page 76 of the text.

 

 

Week 3

January 21

 

Chapter 3 – Commercial, IDIQ, and MAS Contracting

 

Read Chapter 3

 

Reply to the discussion question(s) for the week.

 

Brief – IDEA International, Inc. v. United States and ICATT Consulting Inc.  p. 159

 

 

Week 4

January 28

 

Chapter 4 – Contract Types, Costs and Budgets

 

Read Chapter 4

 

Reply to the discussion question(s) for the week.

 

Brief – United States v. Newport News Shipbuilding and Dry Dock Company p. 191.

 

 

Week 5

February 4  

 

Chapter 5 – Contract Administration

 

Read Chapter 5

 

Reply to the discussion question(s) for the week.

 

Brief - United States v. Spearin p. 225.

 

 

Week 6

February 11

 

Chapter 6 – Changes and Delays and Chapter 7 – Intellectual Property

 

Read Chapters 6 and 7

 

Reply to the discussion question(s) for the week.

 

Brief – General Builders Supply Co., Inc. v. United States  p. 273

          Data Enterprises v. General Services Administration p. 315

 

 

Week 7

February 18   

Chapter 8 – Small Business and Contractors

 

Read Chapter 8

 

Reply to the discussion question(s) for the week.

 

Brief – W. G. Yates & Sons Construction v Caldera p. 334

 

Week 8

February 25

Midterm –The midterm exam is required to be returned by 11:59 pm, March 3, 2019.

March 4

Spring Break

 

Week 9

March 11 

 

Chapter 9 – Health Care

 

Read Chapter 9

 

Reply to the discussion question(s) for the week

 

Brief – Donna E. Shalala  Secretary of Health and Human Services v. Guernsey Memorial Hospital p. 393

 

 

Week 10

March 18

 

Chapter 10 – Construction; and

Chapter 11 – International Procurement and Afghanistan and Iraq Wars

 

Read Chapters 10 and 11

 

Reply to the discussion question(s) for the week.

 

Brief – National American Insurance Co. v. United States p. 435

 

 

Week 11

March 25 

 

Chapter 12 – Government and the Contractor Labor Force

Chapter 18 – Ethics

 

Read Chapters 12 and 18

 

Reply to the discussion question(s) for the week.

 

Brief – Janik Paving & Construction, Inc. v. William E. Brock, III, as Secretary of the United States Department of Labor p. 503.

 

Brief – United States v. Eugene Donald Schaltenbrand p. 722

 

 

Week 12

April 1

 

 

 

 

 

Chapter 13 – Termination for Convenience; and

Chapter 14 – Termination for Default

 

Read Chapters 13 and 14

 

Reply to the discussion question(s) for the week.

 

Brief – Jacobs Engineering Group, Inc. v. United States  p. 544

 

Weeks 13 

April 8 

 

Chapter 15 – Bid Protest and Chapter 16 – Disputes and Other Remedies

Read Chapters 15 and 16

 

Reply to the discussion question(s) for the week.

 

Brief – United States v. Fred L. Hatfield, Sr., d/b/a/ HVAC Construction Co., Inc. p 644

 

 

 

Week 14

April 15

 

 

 

Chapter 17 – False Claims and Defective Pricing

Read Chapter 17

 

Reply to the discussion question(s) for the week.

 

Brief – Vermont Agency of Natural Resources. v. United States ex rel. Stevens  p. 669

 

 

Week 15

April 22 

 

Chapter 19 – Government Breach and Takings

 

Read Chapter 19

 

Reply to the discussion question(s) for the week.

 

Brief – Mobile Oil Exploration & Southeast, Inc. v. United States p. 740

 

Week 16

April 29

Final

 

 

 

Final Comprehensive Exam –The final exam is required to be returned by 5:00 pm, EDT, May 3, 2019.

Policies

 

General Information

Last updated: March 20, 2017

Academic Honesty

 

Academic honesty is highly valued in Florida Tech's online courses. The student must always submit work that represents original words or ideas. If any words or ideas are used that do not represent those original words or ideas, the student must cite all relevant sources and provide a clear definition of the extent to which such sources were used.

Words or ideas that require citation include, but are not limited to all hard copy or electronic publications, whether copyrighted or not, and all verbal or visual communication when the content of such communication clearly originates from an identifiable source. In the Florida Tech online course, all submissions to any public meeting, bulletin board or private mailbox fall within the scope of words and ideas that require citations if used by someone other than the original author.

Academic dishonesty in an online learning environment could involve:

  • Having a tutor or friend complete a portion of the student's assignments,
  • Having a reviewer make extensive revisions to an assignment,
  • Copying work submitted by another student to another public class meeting,
  • Using information from online information services without proper citation.

Any of these practices could result in charges of academic dishonesty.

Please see the University's policy on academic dishonesty, cheating and plagiarism.

 

Confidentiality

 

We are all bound by confidentiality in this class. Possibly, students may want to discuss their company and its policies and procedures as applied to the class material. Perhaps the student will want to provide a paper on a company confidential project. In order to assure that we can have a free and open discussion, it is expected that each student will respect the confidentiality of any materials that classmates are willing to share.

Incomplete Grade Information

 

An I is given for incomplete work that has occurred because of circumstances beyond the student's control. It indicates that the work of the student in the course is qualitatively satisfactory and that there is reasonable expectancy that completion of the remaining work would result in a passing grade. The instructor will furnish the head of the department with a statement of the work to be completed. The student must complete the work at the earliest possible time, but prior to the end of the sixth week of the following semester unless an earlier deadline is established at the time the I is recorded and the student is notified of this fact. A waiver of the six-week limitation requires special written permission of the cognizant dean. The I will automatically become an F at the beginning of the seventh week unless an approved waiver has been filed with the Office of the Registrar.

Withdrawal Policy

 

The deadline to drop a course with a grade of W is at the end of the tenth week of classes. Please consult the academic calendar for the exact date for your course. Refer to the university's Web site for the complete Drop/Withdrawal Policy.

ADA Accommodations

 

Please contact the Office of Disability Services at (321) 674-8285 or disabilityservices@fit.edu with any specific ADA accommodations you may need as you work to meet the course requirements.

What is Title IX?

 

Title IX of the Educational Amendments Act of 1972 is the federal law prohibiting discrimination based on sex under any education program and/or activity operated by an institution receiving and/or benefiting from federal financial assistance.

Behaviors that can be considered "sexual discrimination" include sexual assault, sexual harassment, stalking, relationship abuse (dating violence and domestic violence), sexual misconduct, and gender discrimination. You are encouraged to report these behaviors.
 
Reporting

Florida Tech can better support students in trouble if we know about what is happening. Reporting also helps us to identify patterns that might arise - for example, if more than one complainant reports having been assaulted or harassed by the same individual.

Florida Tech is committed to providing a safe and positive learning experience. To report a violation of sexual misconduct or gender discrimination, please contact the Title IX Coordinator at titleixcoordinator@fit.edu or 321-674-8700. * Please note that as your professor, I am required to report any incidences to the Title IX Coordinator.

 

 

Technical Support

 

Computer Requirements

The following requirements are for a basic Distance Learning configuration. The basic tools required are a high speed internet connection and a modern web browser. Certain courses may have other requirements, such as streaming video players (e.g. Flash) or other supplementary technologies. Contact your instructor for details if you feel this might be the case.

Internet access: Students must have their own Internet Service Provider, which is not supplied by an employer either in the private or public sector, in order to take a Distance Learning course. Exceptions may be granted on a case-by-case basis by the instructor prior to the beginning of the semester. You must have full, unrestricted access to the Internet and email. (Note: Businesses and government agencies often use firewalls to limit network access for their employees. This limited access often causes problems for students, which is why having your own service provider is required.)

Hardware: Any recently manufactured (4 years or less) computer will be sufficient to access Florida Tech's Learning Management System and perform assigned work. A monitor capable of displaying at least 1024 x 768 pixels is recommended.

Internet browser: Canvas supports most modern browsers; Firefox, Chrome, and Safari seem to work the best. Other applications may work better depending on your browser, so if a feature you're using isn't working like you expect it to, it may help to try the same steps in a different browser. If you need assistance checking your browser's compatibility, contact General Technical Support, 321-674-7284, techsupport@fit.edu.

Mobile Apps: Canvas has an app for iOS and Android.

E-mail: You must be able to access and are responsible for correspondence sent to your @my.fit.edu email address. By default Canvas will send some notifications to this address. You can change where and how often you receive these notifications in your Canvas Notification Preferences.

Sending attachments: You must be able to send and receive e-mail and e-mail attachments using Microsoft Word and Excel file formats. If you use one of the recommended browsers, it will automatically take care of the setting the preferences that your computer will need for sending and receiving attachments. Note that you will also need an application suite that can read and write these file formats (such as MS Office, OpenOffice or iWork) installed on your computer. Google Drive also supports these document types.

Antivirus Software: Current antivirus software is required for all devices connecting to the Florida Tech network, and is recommended for use in general. Free and discounted software is available to students.

 

Library Resources and Services

 

Library resources and services are available to distance learners through the Library website. Consult the Distance Learning Library Services & Resources research guide for access and other information.

LMS Assistance

  • Begining in Fall 2014, courses will no longer be in ANGEL. Instead, they will be in Canvas.
  • Log into Canvas to find your courses. If you have trouble logging in, contact General Technical Support, 321-674-7284, techsupport@fit.edu.
  • Hover your mouse over the Courses menu to see your courses. Click on a course to enter it.
  • Are you missing a course? (Course enrollments are automated via Access and may take up to 24 hours to process.)
  • Need help with something in Canvas? Click on the Help link inside Canvas! In addition to guides and manuals, you can call, chat, email, or submit a support ticket.
  • Canvas Help is available 24 hours a day, 7 days a week.