Government Procurement Law

6500 Government Contracts (3)   Schwartz

Survey of the basic principles of government procurement, including the powers and limitations on government instrumentalities entering into contracts, the respective roles of the three branches of government in the process, the processes of contract formation and administration, the resolution of disputes arising out of both processes, and the various forums available for dispute resolution. Although the focus of this course is primarily on federal government procurement, there will be some consideration of state and local government contracting and may be some coverage of procurement by other nations or international organizations. This course covers some of the material covered in Law 6502 and 6503, but at an introductory level. Not open to students in the LL.M. program in government procurement law. (Examination and problem assignments)

6502   Formation of Government Contracts (3 or 4)   D. Gordon, Schooner, Papson

Survey of the law pertaining to government procurement, including an analysis of the unique features of government contracting and a discussion of the functions of Congress, the executive branch, and the courts in the procurement process. The course focuses on the contract formation process, including techniques for awarding contracts and litigation and protests involving awards. (Examination and problem assignments)

6503   Performance of Government Contracts (3 or 4)   Schooner, J. Somers

Discussion of the substantive problems that most frequently arise during the performance of government contracts. Interpretation of specifications and the most generally used contract clauses; analysis of the rights of the parties when performance in accordance with the terms of the contract is not obtained. Analysis of the methods that can be used by the parties to a government contract to obtain legal relief, including detailed coverage of the disputes procedure, actions for breach of contract, and forms of equitable and extraordinary relief. (Examination and problem assignments)

6505   Government Contracts Advocacy (2 or 3)   Grossman, Levy, Melander, Papson

Categories of federal government contract litigation, including bid protests, contract claims, qui tam suits, and administrative suspension and debarment proceedings. Substantive and procedural problems and emerging legal and policy issues involving the Government Accountability Office, the U.S. Court of Federal Claims, and the agency boards of contracts appeals. Students draft pleadings and briefs and participate in simulations, including depositions and settlement negotiations. Enrollment is limited. (Writing assignments) (Skills)

6506   Government Contracts Cost and Pricing (2)   Knight

Legal aspects of government contract accounting principles and allowability of costs. Cost accounting standards and cost allocation issues. Negotiation of cost, profit, and price. Disclosure of cost accounting data. Prerequisite for J.D. students: Law 6502 or permission of the instructor. (Problem assignments)

6508   Comparative Public Procurement (2 or 3)   D. Gordon, Yukins, Green

Comparative study of laws, regulations, and procedures dealing with public procurement. Differences between national and international procurement practices, and common principles that span many procurement systems across the world. Contract formation, performance, and dispute resolution processes. The influence of international organizations such as the European Union, United Nations Commission on International Trade Law, World Trade Organization, financing institutions, and professional organizations. Prerequisite or concurrent registration: Law 6500, 6502, 6503, or permission of instructor. (Research paper)

6509   Government Contracts Seminar (2)   Dickinson, Tillipman, Yukins

Selected topics in government procurement law to be announced at the time of registration. (Research paper)

6510   Graduate Government Contracts Placement (2, 3, or 4)   Schwartz

Students work on a project in the government contracts field under the supervision of the faculty directors of the program and a lawyer practicing government contract law. The project may involve working with a government agency, a congressional committee, a private practitioner, or a nonprofit public-interest organization. Admission to the course is limited to LL.M. students and requires approval of one of the faculty directors of the program. This course is graded on a CR/NC basis. Five hours of work per week are required for each credit.

6512   Government Procurement of Intellectual Property Seminar (2)   Gray

Intellectual property law in terms of its challenges to federal government procurement rules. Competing policy demands for innovation, transparency, and sound public investment in the intersection of intellectual property law and federal procurement rules. (Problem assignments)


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