Name: Key Case Law Rules for Contract Formation
Author: Patrick Butler
ISBN: 9781567264500

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Key Case Law Rules for Contract Formation

Patrick Butler

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About the Author
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Preface
Acknowledgments
Acronyms
INTRODUCTION The Protest Forums and the Process
CHAPTER 1 Protest Grounds Alleging That the Government Is Wrongfully Preventing Competition
1. LACK OF ADVANCE PLANNING
2. IMPROPER OR UNSUPPORTED USE OF AN EXCEPTION TO COMPETITION
3. CONTRACT WAS MODIFIED BEYOND THE SCOPE
4. REPROCUREMENT CONTRACT DID NOT SEEK COMPETITION
CHAPTER 2 Protest Grounds Based on the Government’s Description of the Requirement
1. AMBIGUITIES IN THE SOLICITATION: PATENT AND LATENT
2. IMPROPER USE OF “BRAND NAME OR EQUAL” DESCRIPTIONS
3. DEFECTIVE OR INADEQUATE SPECIFICATIONS
4. UNDULY RESTRICTIVE SPECIFICATIONS
5. CHANGED REQUIREMENTS AND SOLICITATION AMENDMENTS
CHAPTER 3 Protest Grounds Challenging the Government’s Exercise of Discretion or the Government’s Conduct of the Competition
1. AGENCY’S COMMERCIAL ITEM DETERMINATION
2. RESPONSIBILITY DETERMINATIONS
3. NEGOTIATED PROCUREMENTS: TRADEOFF PROCESS
4. COMPETITIVE RANGE
5. EVALUATION IN STRICT ACCORDANCE WITH THE SOLICITATION
6. EVALUATION TEAM
7. RELATIVE IMPORTANCE OF FACTORS AND SUBFACTORS IN A SOLICITATION
8. PAST PERFORMANCE
9. PROPOSALS SUBMITTED LATE
10. MATERIAL MISREPRESENTATION: BAIT AND SWITCH
11. UNACCEPTABLE OR NONCOMPLIANT PROPOSALS
12. PREFERENCE FOR SEALED BIDDING OVER NEGOTIATED PROCUREMENTS
CHAPTER 4 Protest Grounds Based on the Communications Between the Government and Offerors
1. CLARIFICATIONS
2. DISCUSSIONS
CHAPTER 5 Protest Grounds Based on Pricing Issues
1. BUYING-IN OR BELOW-COST PRICES
2. PRICE OR COST EVALUATION
3. PRICE REASONABLENESS AND PRICE REALISM
CHAPTER 6 Protest Grounds Based on Small Business Issues
1. BUNDLING AND CONSOLIDATION
2. LIMITATIONS ON SUBCONTRACTING
3. HUBZONE CONTRACTING PROCEDURES
4. CERTIFICATE OF COMPETENCY
5. SBA’S 8(a) PROGRAM
6. SMALL BUSINESS SET-ASIDE DECISION
7. SMALL BUSINESS STATUS DETERMINATION
CHAPTER 7 Protest Grounds Alleging Unfair Government Conduct
1. AVAILABILITY OF SOLICITATIONS
2. ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST
3. OFFEROR’S RESPONSIBILITY TO OBTAIN SOLICITATION DOCUMENTS
4. STANDARDS OF CONDUCT: GOVERNMENT INDEPENDENCE AND ALLEGED BIAS
5. SUBMISSION OF PROPOSALS: COMPLYING WITH THE TERMS OF THE SOLICITATION
6. CANCELLATION OF A SOLICITATION
CHAPTER 8 Protest Grounds Based on Sealed Bidding Procedures
1. BID GUARANTEES
2. EVALUATION OF OPTIONS IN INVITATIONS FOR BIDS
3. CANCELLATION OF AN INVITATION FOR BIDS
4. MISTAKES IN BIDS
5. RESPONSIVENESS TO AN IFB
CHAPTER 9 Protest Grounds Based on the Unique Type of Contract or Contracting Procedures
1. FEDERAL SUPPLY SCHEDULE CONTRACTING
2. BLANKET PURCHASE AGREEMENTS OFF FEDERAL SUPPLY SCHEDULES
3. INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACTS
4. SIMPLIFIED ACQUISITION PROCEDURES
CHAPTER 10 Protest Grounds Based on Alleged Statutory Violations (Besides CICA)
1. BUY AMERICAN ACT
2. JAVITS-WAGNER-O’DAY ACT
3. PROCUREMENT INTEGRITY ACT
4. RANDOLPH-SHEPPARD ACT
INDEX OF REPRESENTATIVE CASES

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Key Case Law Rules for Contract Formation