I. GENERAL INFORMATION

Title of the Course: Government Contract Law

Course Code: MGT 5231

Credits: 3

Course requirement(s): No Prerequisites

Textbook: Government Contract Law in the Twenty-First Century, Charles Tiefer and William A. Shook, Carolina Academic Press, 2012, (ISBN: 978-1-59460-804-9). The Virtual bookstore is located at https://bncvirtual.com/fit.htm. There is also a 2017 Supplement. However, I do not use the 2017 Supplement.

 

II. COURSE 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 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. 

 

III. COURSE LEARNING OBJECTIVES

 

IV. CONTENT AND ACTIVITIES

Week

Topic

Activities

1

Contract Doctrines and Methods

  • Chapter 1 – Government Contracting Doctrines, pp. 1 – 44. (Section C – State Procurement is optional)
  • Chapter 2 – Sealed Bidding and Competitive Proposals
  • Chapter 3 – Commercial, IDIQ and MAS Contracting

Discussion

  • Week 0: Introduce Yourself
  • Week 1: Changes

Assignment

  • Case Brief: Donald C. Winter, Secretary of the Navy v. Cath-dr/Balti Joint Venture on page 31 of the text. (WLO1) 
  • Case Brief: McClure Electrical Constructors, Inc. v. John H. Dalton, Sec. of the Navy on page 76 of the text. (W1LO1 & W1LO4)

Quiz

  • Week 1 – Quiz (WLO1 - WL05)

2

Contract Types, Administration and Changes

  • Chapter 4 – Contract Types, Costs and Budgets (WLO1)
  • Chapter 5 - Contract Administration (WLO2 & WLO3)
  • Chapter 6 – Changes and Delays (WLO4)

Discussion

  • Week 2 - Contract Types (W2 LO1) 

Assignment

  • Case Brief: - United States v. Spearin on page 225 of the text. (W2LO3)
  • Case Brief: – General Builders Supply Co., Inc. v United States on page 273 of the text (W2LO4)

Quiz

  • Week 2 – Quiz (WLO1 - WL04)

3

Contracting for Intellectual Property, Small Business and Health Care

  • Chapter 7 – Intellectual Property (W3 LO1)
  • Chapter 8 – Small Business (W3 LO2)
  • Chapter 9 – Health Care (W3 LO3)

Discussion

  • Week 3 – Health Care (W3 LO3)

Assignment

  • Case Brief: W. G. Yates & Sons Construction v Caldera on page 334 of the text. (W3 LO2)
  • Case Brief: Donna E. Shalala, Secretary of Health and Human Services v. Guernsey Memorial Hospital, on page 393 of the text. (W3 LO3)

Quiz

  • Week 3 – Quiz (WLO1 - WL03)

4

Midterm; International Procurements

  • Chapter 11 – International Procurement and Afghanistan and Iraq Wars.

Assignment

  • Midterm Exam (Weeks 1-3 WLOs)

5

Construction

  • Chapter 10 – Construction (W5 LO1 & W5 LO2)
  • Chapter 12 – Government and Contractor Labor Force (W5 LO3)

 

Discussion

  • Week 5 – Government and Contractor Labor Force. (WLO3) 

Assignment

  • Case Brief: - National American Insurance Co. v. United States, on page 435 of the text. (W5 LO1)
  • Janik Paving & Construction, Inc. v. William E. Brock, III, as Secretary of the United States Department of Labor page 503 of the text. (W5 LO3) 

Quiz

  • Week 5 – Quiz (WLO1 - WL03)

6

Terminations for Convenience/Default and Government Breach

  • Chapter 13 – Termination for Conveniences W6 LO1)
  • Chapter 14 – Termination for Default (W6 LO2)
  • Chapter 19 - Governmental Breach and Takings (W5 LO3)

Discussion

  • Contracting Officer’s Discretion in Terminations? (WLO2 

Assignment

  • Case Brief: - Jacobs Engineering Group, Inc. v. United States on page 544 of the text. (W6 LO1)
  • Case Brief: – Mobile Oil Exploration & Southeast, Inc. v. United States on page 740 of the text. (WLO3)

Quiz

  • Week 6 – Quiz (WLO1 - WL03)

7

Bid Protests, Disputes and other Remedies, and False Claims

  • Chapter 15 – Bid Protest (WLO 1)
  • Chapter 16 – Disputes and other Remedies (WLO 2)
  • Chapter 17 – False Claims and Defective Pricing (WLO 3)

Discussion

  • None but there is one next week due when the Final Exam is due.

Assignment

  • Case Brief: United States v. Fred L. Hatfield, Sr., d/b/a HVAC Construction Co., Inc., on page 644 of the text (W7 LO3)
  • Case Brief: Vermont Agency of Natural Resources. v. United States ex rel. Stevens, on page 669 of the text (W7 LO3)

Quiz

  • Week 7 – Quiz (WLO1 - WL03)

8

Final and Ethics

  • Chapter 18 – Ethics (W8 LO1)

Assignment

Discussion

  • Ethics and False Claims (W7 LO3 & W8 LO1

Final Exam

  • (Weeks 1 – Week 8 all WLOs)

 

V. ASSESSMENT

Assessment Type 

Items

Points per Item 

Totals

Weights

Discussion Questions

6

10

60

10

Briefs

12

10

120

20

Quizzes

6

10

60

15

Midterm Exam

1

90

90

25

Final Exam

1

120

120

30

University Grade Scale

Your total point value will be transformed to a percentage. A = 90-100%, B = 80-89%, C = 70-79%, D = 60-69%, F = 0-59%. Refer to the catalog for more details.

 

VI. RESOURCES

 

VII. INSTITUTIONAL POLICIES

Academic Accommodations:  Florida Tech is committed to equal opportunity for persons w/disabilities in the participation of activities operated/sponsored by the university. Therefore, students w/documented disabilities are entitled to reasonable educational accommodations. The Office of Accessibility Resources (OAR) supports students by assisting w/accommodations, providing recommended interventions, and engaging in case management services. It is the student’s responsibility to make a request to OAR before any accommodations can be approved/implemented. Also, students w/approved accommodations are encouraged to speak w/the course instructor to discuss any arrangements and/or concerns relating to their accommodations for the class. 

Office of Accessibility Resources (OAR):

Academic Honesty: Located in the Student Handbook

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:

Any of these practices could result in charges of academic dishonesty. For the complete Florida Tech policy on academic dishonesty, cheating, and plagiarism, see the Florida Tech Student Handbook.

Attendance: Attendance is required on a weekly basis. Students are expected to view the online lectures in the week they are offered, and to log onto the site often enough to remain abreast of the communication in the Inbox/Discussion or Announcements tab or direct information from the professor. It is the responsibility of the student to be aware of everything happening in the class online.

Course withdrawal: To withdraw prior to the start of class, you must contact your advisor. Once class begins, you must withdraw using Florida Tech's online student account system (PAWS). If you are a new student, PAWS access information will be provided prior to class start. You have the prerogative of dropping a course until the end of the first week of classes without receiving a grade of "W." After the first week, a grade of "W" will be assigned up until the final published date for withdrawing (the last day of Week 6). That grade will be reflected on your transcript, but not calculated into your grade point average. Withdrawals after Week 6 will result in a grade of "F." You are responsible for maintaining written evidence of all drops/withdrawals.

Telephone and email drops/withdrawals will not be accepted. The following table clearly outlines Florida Tech's withdrawal and refund policies. PAWS is accessible through the university portal TRACKS Florida Tech.

Table 1. Withdrawal Policy/Refund Chart

Week

Withdrawal Permitted

Tuition Refunded

Deadline

1

Yes

100%

By Sunday 11:59 p.m. ET

2

Yes

60%

By Sunday 11:59 p.m. ET

3

Yes

40%

By Sunday 11:59 p.m. ET

4

Yes

No Refund

By Sunday 11:59 p.m. ET

5

Yes

No Refund

By Sunday 11:59 p.m. ET

6

Yes

No Refund

By Sunday 11:59 p.m. ET

7

No

No Refund – No Withdrawal

 

8

No

No Refund – No Withdrawal

 

Student Code of Conduct: Florida Tech values a community based on the principles of integrity, civility, and respect. As such, the FIT community expects students to behave in a manner that supports these principles. The Student Code of Conduct is a document that describes behavior that is counteractive to these principles and how the university will hold students accountable to those inappropriate behaviors. See the Code of Conduct/Grounds for Disciplinary Action.

Sexual Harassment: Florida Tech is committed to the fundamental principles of academic freedom, equality of opportunity and human dignity. To fulfill its multiple missions as an institution of higher learning, FIT encourages a climate that values and nurtures collegiality, diversity, pluralism, and the uniqueness of the individual within our state, nation, and world. All decisions and actions involving students and employees should be based on applicable law and individual merit. FIT, in accordance with applicable federal and state law, prohibits discrimination, including harassment, on the basis of race, color, national or ethnic origin, religion, sex, disability, age, or veteran status.

Title IX Statement: The university’s Title IX policy is available on the fit.edu website. Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. Florida Institute of Technology policy also prohibits discrimination on the basis of sex.

Florida Tech faculty are committed to helping create a safe learning environment for all students that is free from all forms of discrimination and sexual harassment, including sexual assault, domestic violence, dating violence, and stalking. If you, or someone you know, have experienced or is experiencing any of these behaviors, know that help and support are available. Florida Tech strongly encourages all members of the community to take action, seek support, and report any incident of sexual harassment or gender discrimination to the Title IX Coordinator at 321-309-3068.

Please note that your professor must report any incidents to the Title IX Coordinator. 

If you wish to speak to an employee who does not have this reporting responsibility, please contact the Student Counseling Center at 321-674-8050.

Disaster Statement

School Closure

Florida Tech observes national holidays, and students are not required to participate in classes on such days. In the case of an emergency closure of Florida Tech, if classes can still operate, they will continue. If the Learning Management System is unavailable for maintenance reasons, classes will resume as quickly as possible, and students should check the Florida Tech Security website regularly for updates.

Natural Disaster

If a natural disaster impacts the Melbourne, Florida, area, all students should check the Florida Tech Security website or call (800) 888-4348 for updates.

If a natural disaster occurs near students’ residences, they should contact their professor and advisor. Final decisions on the appropriate timeline to complete course requirements are at the discretion of each professor.