Fundamentals of Federal Contract Law

Abstract

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.